June 2021

Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation

Practical Guidance, LexisNexis
Todd D. Wozniak | Lindsey R. Camp | Chelsea Ashbrook McCarthy | Megan C. Eckel

Litigation attorneys Todd Wozniak, Lindsey Camp, Chelsea McCarthy and Megan Eckel co-authored a Practical Guidance article for LexisNexis about the various different approaches courts use in determining whether class action waivers and arbitration provisions are enforceable in Employee Retirement Income Security Act (ERISA)-based litigation. There is still a significant amount of uncertainty around the enforceability of class action waivers and/or arbitration provisions in plan and other employment-related documents in ERISA-based litigation, but the decisions discussed in this article provide a roadmap of critical issues for plan sponsors to consider and to discuss with ERISA counsel.

READ: Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation

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