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Bates & Company, Inc.
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Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan
Proskauer Apr. 6, 2021 "The Ninth Circuit denied the 'extraordinary remedy' of mandamus, holding that the plan's forum-selection clause was enforceable. The Court emphasized the presumptive validity of forum-selection clauses and reasoned that nothing in ERISA prohibits plans and participants from agreeing on a forum for litigating their disputes." [Becker v. U.S. District Court for the Northern District of California, Oakland, No. 20-72805 (9th Cir. Apr. 1, 2021)] |
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