A Guide to Securing Arbitration and Class Action Waivers Under ERISA

The U.S. Court of Appeals for the Ninth Circuit recently held that ERISA fiduciary breach claims are proper subjects for arbitration and that ERISA plans can properly contain arbitration provisions that require individualized arbitration instead of class actions. In light of this decision (and others) endorsing arbitration of ERISA claims, ERISA plan sponsors may want to consider revising their plan documents and participant disclosures to include a mandatory arbitration provision and a class action waiver.

In this presentation, members of Mayer Brown’s Arbitration and ERISA Litigation practices explore strategies for implementing an effective and enforceable arbitration program in the ERISA plan context.