Recent Developments in the Enforcement of ERISA Class Action Waiver and Arbitration Clauses

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JAMS Neutral Steve Lucke moderates a discussion with leading ERISA litigators Radha Pathak and Todd Wozniak on recent developments in arbitration defenses to class action ERISA claims.

In recent months, federal district and circuit courts have continued to consider the enforceability of plan language requiring that plan participants arbitrate their breach of fiduciary duty claims, as well as arguments that plan language precludes adjudication of their claims through class actions.

The panel will discuss these developments, including disputes pending in the Second, Sixth, Ninth and Eleventh Circuits, as well as the potential for United States Supreme Cout review.

Steve Lucke serves as a JAMS as a mediator and arbitrator. Prior to joining JAMS, Steve focused his practice on representing ERISA health and retirement plan fiduciaries in class actions and other complex litigation. Stephen P. Lucke, Esq., JAMS Mediator and Arbitrator (jamsadr.com)

Radha (Rachana) Pathak is a partner at Stris & Maher LLP and has served as co-counsel in a number of the notable appeals being discussed at this webinar. She primarily represents pension and welfare plan participants and beneficiaries in individual and class actions and has litigated numerous cases involving complex procedural issues in the United States Supreme Court, federal circuit courts of appeals, and federal district courts throughout the country. A former tenured professor, Radha has continued her passion for legal education by continuing to teach and by regularly speaking and writing about ERISA. Radha Pathak - Stris & Maher LLP

Todd Wozniak is a trial attorney and the leader of Holland & Knight's ERISA Litigation Team and Atlanta Litigation Practice Group. He defends companies, fiduciaries and public institutions throughout the United States in ERISA, employee stock ownership plan (ESOP), labor and employment, and business disputes. He has tried more than 40 cases or arbitrations to verdict, and is counsel on several of the cases discussed at this webinar. Todd is a frequent lecturer and writer on a wide ERISA litigation and related topics. Todd D. Wozniak | Professionals | Holland & Knight (hklaw.com)