Enforcement of an ERISA plan’s arbitration provision has become a hotly litigated issue. Plaintiffs and courts often raise two objections to arbitration provisions in ERISA plans, including ESOPs. The first is whether...more
The Seventh Circuit Court of Appeals recently ruled that a participant lawsuit challenging an employee stock ownership plan (ESOP) transaction could not be forced into arbitration. See Smith v. Bd. Of Dir. Of Triad Mfg.,...more
Recently, the Sixth Circuit Court of Appeals held that a plaintiff was required to request attorneys’ fees during an arbitration of an ERISA claims dispute. Having failed to do so, the plaintiff could not subsequently seek a...more