Arbitration and Class Action Waivers Upheld in ERISA Plans, but an Industry Shift Toward Arbitration Remains to be Seen
9/26/19
By: Justin Boron
The judicial trend in favor of arbitration and class action waivers continues—this time in employee benefit plans.
Last month, a Ninth Circuit Court of Appeals panel validated an arbitration and class action waiver agreement contained in an …
Don’t Get Bitten… Are You In Compliance With DOL's COBRA Continuation Coverage Election Notice?
8/21/18
By: Pamela Everett
The United States District Court for the Middle District of Florida has certified a class action suit against Marriott International, Inc. for allegations that it failed to provide required notices of eligible terminated employees’ right to continued …
Has Fiduciary Rule Suffered a Fatal Blow?
4/4/18
By: Theodore C. Peters
The Employee Retirement Income Security Act of 1974 (“ERISA”) defined a “fiduciary” as someone who provides investment advice for a fee. The following year, the U.S. Department of Labor (“DOL”) promulgated regulations that provided a five-part …