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Second Circuit: 401(k) Fiduciary Breach Claims Not Subject to Arbitration | Morgan Lewis

To embed, copy and paste the code into your website or blog: In a 2-1 split decision, the US Court of Appeals for the Second Circuit reversed a lower court’s decision that an arbitration agreement signed by an employee as part of his employment required that he arbitrate any fiduciary breach claims challenging the investment options and fees in his employer’s 401(k) plan. On March 4, 2021, the Second Circuit issued an opinion in Cooper v. DST Systems, Inc., et al., reversing a lower court�...
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