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Individual Arbitration of ERISA Breach of Fiduciary Duty Claims: Is It Possible And, If So, Is It Worth It?
Proskauer, via JDSupra Link to more items from this source
Apr. 26, 2023

"[T]he seemingly instinctive desire to pursue individual arbitration in lieu of class litigation may need to be reevaluated.... [A]rbitration of ERISA fiduciary breach claims may still emerge as a useful tool to the defense bar, but the focus may need to shift away from arbitration as a means to avoid altogether the prospects of class action litigation, and in favor of crafting arbitration agreements that will make such litigation more manageable."

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