A federal district court judge in the Eastern District of Kentucky has enforced an ESOP’s arbitration clause, sending P.L. Marketing Inc. employees’ breach of fiduciary duty claims on behalf of a putative class to individual...more
11/7/2023
/ Breach of Duty ,
Class Arbitration ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
ESOP ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Prohibited Transactions ,
Putative Class Actions ,
Waivers
The Sixth Circuit, in a matter of first impression for that Circuit, held an arbitration clause contained in an individual employment agreement did not apply to ERISA fiduciary breach claims brought on behalf of a defined...more
5/5/2022
/ 401k ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Contract Terms ,
Corporate Counsel ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Fiduciary Duty ,
First Impression ,
Investment ,
Statutory Violations
A federal district court in Florida sent a proposed ERISA breach of fiduciary duty class action to individual arbitration on the basis of a plan arbitration clause that allowed for individual relief and plan-wide injunctive...more
2/3/2022
/ 403(b) Plans ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Arbitration Act ,
Fiduciary Duty ,
Injunctive Relief ,
Investment Management ,
Mandatory Arbitration Clauses ,
Retirement Plan