Contract Terms, Employee Benefits, Arbitration

BC Court of Appeal Upholds Arbitration and Foreign Law Clauses in Employee Incentive Plan

Bennett Jones LLP on 7/30/2025

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and...more

Second Circuit Renders Important Decision on Vested Retiree Benefits

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/5/2025

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Sixth Circuit Rejects Arbitration for Proposed Fiduciary Breach Class Action

Proskauer - Employee Benefits & Executive... on 5/5/2022

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

The “Defensive” 401(k) Plan

Jenner & Block on 10/21/2021

No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k)...more

Stunning Development — The Ninth Circuit Enforces an ERISA Plan Arbitration and Class Action Waiver Provision

Seyfarth Shaw LLP on 10/16/2019

Seyfarth Synopsis: Reversing course and overruling previous precedent, the Court of Appeals for the Ninth Circuit now holds that ERISA plan mandatory arbitration and class action waiver provisions are enforceable, and can...more

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

Carlton Fields on 10/10/2019

The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA...

Robinson+Cole ERISA Claim Defense Blog on 9/9/2019

The Ninth Circuit recently issued two decisions in Dorman v. Charles Schwab Corp.: the first overrules the decision in Amaro v. Continental Can. Co., 724 F.2d 747 (9th Cir. 1984) (Dorman, – F.3d –, No. 18-15281, 2019 WL...more

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