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An updated Benchbook is now available for attorneys serving as arbitrators in the North Carolina Court-Ordered Arbitration Program.

To embed, copy and paste the code into your website or blog: The Employee Benefits Practice is pleased to present the Employee Benefits Developments Newsletter for the month of April 2021. Click on the links below for more information on each specific development or case. Circuit Court Finds Claims of ERISA Fiduciary Breach Do Not "Relate to" Employment for Purpose of Employment-Based Arbitration Agreement Release of Claims Fails to Block ERISA Lawsuit Amounts Paid for Personal Protective Equipment Treated as Medical Expense Fidelity Not Acting as ERISA Fiduciary in Charging Access Fee to Mut...

With a 2-1 split decision, the Second Circuit reversed and remanded a district court decision compelling a former employee to arbitrate his ERISA fiduciary breach claims, although the...

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’s decision that the arbitration agreement signed by an employee as part of his employment required...

ERISA Fiduciary Claims Not Subject to Arbitration Thursday, March 11, 2021 The Second Circuit has ruled in a significant decision that ERISA breach of fiduciary claims are not subject to arbitration under an employment arbitration agreement with the employer plan sponsor. 1 In reversing a New York district court’s order to compel arbitration, the Second Circuit emphasized that the arbitration agreement the employee signed when he was hired only banned him from filing claims in court related to his employment, not ERISA claims alleging breach of fiduciary duty which, according to t...