The Law on ERISA Plan Arbitration Provisions Remains Unsettled
Litigation attorneys Todd Wozniak, Lindsey Camp and Monica Perkowski coauthored an article featured in the Employee Benefit Plan Review. The article discusses the uncertainty regarding enforceability of individual arbitration provisions in plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) because of disagreement among courts and the absence of a decision from the U.S. Supreme Court on the issue. Plan sponsors should expect to see more litigation over the arbitrability of ERISA Section 502(a)(2) claims in the near term. The authors dive into why drafted arbitration provisions are key to minimizing the risk of potential class action litigation.
The authors previously published a Holland & Knight client alert on this topic.