"At the ripe old age of 41, the ERISA statute finds itself at a crossroads. Although the momentum of new ERISA rules and regulations is accelerating, the actual number of high-stakes lawsuits is declining. Why is that? ... Employers of all stripes are increasingly mandating arbitration of employment disputes, including ERISA disputes. Not only are employers mandating that employees agree to mandatory arbitration, they are including a waiver of class action claims as part of the arbitration agreement. By including class action waivers in the employee arbitration agreement, the employer blunts the economic incentives for plaintiffs' lawyers to pursue employee plan benefit claims."