A New Frontier? Arbitration and Class Action Waivers Under ERISA

The US Court of Appeals for the Ninth Circuit recently held that ERISA fiduciary breach claims may be subject to arbitration and class action waivers. In light of this decision and trending United States Supreme Court precedent favoring arbitration, ERISA plan sponsors and employers may be wondering about the advisability of including a mandatory arbitration provision and/or a class action waiver in their employee agreements and/or governing plan documents.  

Jan Jacobson, senior counsel, retirement policy, will be joined by guest speakers Charlie Grandy, Asst General Counsel at Eli Lilly and Company, and Nancy G. Ross, partner at Mayer Brown, to explore the key issues to consider in deciding whether to require participants and beneficiaries to arbitrate ERISA fiduciary breach and/or other potential ERISA claims.