Mandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.
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We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.
Read MoreAppellate courts grapple with whether ERISA fiduciary breach claims can be subject to mandatory arbitration.
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