News & Analysis as of

Class Action Arbitration Waivers Mandatory Arbitration Clauses Benefit Plan Sponsors

Holland & Knight LLP

The Law on ERISA Plan Arbitration Provisions Remains Unsettled

Holland & Knight LLP on

As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more

Holland & Knight LLP

Courts Continue to Split Over Enforceability of Benefit Plan Arbitration Provisions

Holland & Knight LLP on

Courts around the country continue to approach the enforceability of class-action waivers and arbitration provisions in ERISA plan documents differently. This alert discusses recent decisions addressing these issues in ERISA...more

Perkins Coie

The Ninth Circuit Abandons 35 Years of Precedent by Enforcing Arbitration Clause in ERISA Benefit Plan

Perkins Coie on

Thirty-five years after deciding that arbitration clauses in employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) were unenforceable, the U.S. Court of Appeals for the Ninth Circuit...more

Holland & Knight LLP

Courts Continue to Rule on Retirement Plan Mandatory Arbitration Provisions

Holland & Knight LLP on

• Some retirement plans, including employee stock ownership plans (ESOPs), have in the past few years included terms and provisions that require participant breach of fiduciary claims to be resolved in arbitration on a...more

Seyfarth Shaw LLP

ERISA Class Action Waivers and Mandatory Arbitration–Will The Supreme Court Start A Trend?

Seyfarth Shaw LLP on

Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more

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