The Third Circuit refused to enforce a mandatory arbitration clause with a class action waiver in an ESOP, finding that the class action waiver deprived participants of statutory rights. The ESOP plan added the clause at...more
The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its...more
3/8/2021
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Dissenting Opinions ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Estoppel ,
Fiduciary Duty ,
Investment Adviser ,
Mismanagement ,
Motion to Compel ,
Performance Standards ,
Profit Sharing ,
Secretary of Labor