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Employee Benefits › Arbitration Agreements › Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Renders Important Decision on Vested Retiree Benefits

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Second Circuit Casts Doubt on Overly Restrictive Arbitration Clauses in ERISA Plans

Tannenbaum Helpern Syracuse & Hirschtritt LLP on

Employers in New York, Connecticut and Vermont should revisit their employee benefit plan documents if they believe that any of their plans may have an arbitration clause for the resolution of Employee Retirement Income...more

Robinson Bradshaw

Tenth Circuit Prohibits Class-Action Waivers in Benefit Plan Documents

Robinson Bradshaw on

It is no secret that many businesses minimize risk by requiring arbitration of disputes on an individual basis. The exposure created by a single claim pales next to that presented by a class claim, asserted under Rule 23, on...more

Troutman Pepper Locke

Tenth Circuit Holds Arbitration Provision in ERISA Plan Document Unenforceable

Troutman Pepper Locke on

Recently, the Tenth Circuit Court of Appeals held an arbitration provision impermissibly blocked rights afforded to a retirement plan participant under the Employee Retirement Income Security Act (ERISA) and was therefore...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Rejects Arbitration for Proposed Fiduciary Breach Class Action

Proskauer - Employee Benefits & Executive... on

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

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

Littler on

On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

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