An Update On Enforcing Arbitration Of ERISA Claims

By Dylan Rudolph and Brian Murray (November 6, 2018, 2:16 PM EST) -- In recent years, the number of lawsuits filed under the Employee Retirement Income Security Act of 1974 has grown exponentially. So, too, has the typical value of claims asserted in those lawsuits. With the increased risk and expense of litigation, employee benefit plan sponsors and fiduciaries have naturally sought ways to reduce the likelihood that they will be sued and to reduce the expense of claims that can't be avoided altogether. Traditionally, one way that companies have sought to control litigation risk and expense is through arbitration, which may replace litigation in court when parties to a contract agree to arbitrate disputes arising from their contractual relationship. ...

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