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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 20, 2024

Recorded event now available

or call 1-800-926-7926

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.


The trend towards binding participants in ERISA plans to arbitration agreements and waiver of class action claims continues as courts grapple with various legal theories and other issues. ERISA counsel must know the opportunities and ramifications the provisions have on benefits claims, fiduciary breaches, and other terms and provisions when amending plan documents and structuring related agreements.

Participants of ERISA plans can pursue a claim for plan benefits under 1132(a)(1)(B), breach of fiduciary duty under 1132(a)(2), and a claim for injunctive or other appropriate equitable relief to enforce the terms of the plan or ERISA or to remedy violations of a plan or ERISA under 1132(a)(3). Properly structured arbitration provisions and class action waivers can significantly minimize potential costly litigation and the possibility of a court declining to enforce such provisions.

Plans that wish to add arbitration provisions to a plan document should consider how to communicate to plan participants and whether to couple the arbitration provision with a class action waiver. Attorneys representing plan sponsors should take a look at arbitration clauses and class action waivers and consider modifying existing plan documents to include class action waivers and arbitration clauses in the future.

Listen as our panel discusses legal theories and results from recent court rulings, key provisions for plan amendments and employment agreements, and best practices for ERISA counsel and fiduciaries.



  1. Class certification and other challenges relating to waiver and arbitration clauses
  2. Recent cases on arbitration clauses and class action waivers
  3. Strategies for plan sponsors in drafting enforceable arbitration agreements and class action waivers


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


Garrett, Angel
Angel L. Garrett

Trucker Huss

Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff...  |  Read More

Murray, Brian
Brian D. Murray

Trucker Huss

Mr. Murray concentrates his practice in the area of employee benefits, with a focus on ERISA litigation. He...  |  Read More

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