ERISA Arbitration and Class Action Waivers: Drafting Arbitration Provisions, Minimizing Risks and Class Actions
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide ERISA counsel an in-depth analysis of key issues and drafting considerations for the inclusion of ERISA arbitration and class action waivers in ERISA plans. The panel will discuss legal theories and results from recent court rulings and recurring issues, critical provisions for plan amendments and separate agreements, and best practices for ERISA counsel and fiduciaries.
Outline
- Class certification and other challenges relating to waiver and arbitration clauses
- Recent cases on arbitration clauses and class action waivers
- Strategies for plan sponsors in drafting enforceable arbitration agreements and class action waivers
Benefits
The panel will review these and other key issues:
- How can plan sponsors ensure their arbitration provisions are enforceable?
- What disclosures and notices are required?
- Recent cases and legislation post-Epic Systems
- Best practices including class action waivers and modifying or drafting plan documents and employment agreements
Faculty
Angel L. Garrett
Director
Trucker Huss
Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff... | Read More
Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff lawsuits nationwide. She has a broad range of experience in employee benefits law and fiduciary breach matters.
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Brian D. Murray
Counsel
Trucker Huss
Mr. Murray concentrates his practice in the area of employee benefits, with a focus on ERISA litigation. He... | Read More
Mr. Murray concentrates his practice in the area of employee benefits, with a focus on ERISA litigation. He represents plan sponsors, trustees, and other fiduciaries in a wide range of employee benefits cases, including 401(k) class action litigation, claims for retirement, medical, disability and other benefits, ESOP and multiemployer pension plan disputes, and cases involving executive compensation. In addition to his litigation practice, he counsels clients on a variety of matters, including fiduciary responsibility, operational corrections, and regulatory compliance. Mr. Murray also represents plan fiduciaries in Department of Labor investigations. He has been recognized as a Southern California “Rising Star” by Super Lawyers Magazine since 2018. Mr. Murray has written articles and presented on a number of ERISA topics, including indemnity and contribution in ERISA litigation, recovery of attorney’s fees under ERISA, and arbitration of ERISA claims.
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