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Class Action Arbitration Waivers Arbitration Procedural Rules

Axinn, Veltrop & Harkrider LLP

Be Careful What You Wish For: Class Action Waivers and Arbitration Agreements Can Create Headaches if Not Carefully Drafted

Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike....more

Proskauer - Employee Benefits & Executive...

Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated

A federal district court in Texas referred to arbitration a 401(k) plan participant’s ERISA breach of fiduciary duty action based on allegations that certain plan investment options charged excessive fees...more

Carlton Fields

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

Carlton Fields on

The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

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