About the Course
Introduction
This CLE webinar will provide ERISA counsel an in-depth analysis of key issues and drafting considerations for the inclusion of ERISA arbitration and class action waivers in ERISA plans. The panel will discuss legal theories and results from recent court rulings as well as recurring issues, critical provisions for plan amendments and separate agreements, and best practices for ERISA counsel and fiduciaries.
Description
There has been a growing trend to bind participants in ERISA plans to arbitration agreements and waivers of class action claims, either by plan amendment or by employment agreement (or both). This trend has accelerated since the Supreme Court's ruling in Epic Systems Corp. v. Lewis, which upheld individualized arbitration as consistent with the National Labor Relations Act. However, recent court rulings expose the complexities of ERISA, leading to some instances in which courts have declined to enforce arbitration agreements and class action waivers found in plan documents.
On Feb. 10, 2026, regarding Parrott v. Int’l Bancshares Corp., the U.S. Court of Appeals for the Fifth Circuit rejected the enforcement of an arbitration clause in plan documents because it required participants to waive rights and remedies under ERISA. The court stated that the arbitration clause in the plan documents violated the effective vindication doctrine because it prohibited individual participants from asserting claims on behalf of the plan. This case, along with other recent cases, heightens the need for ERISA and employment counsel, as well as plan sponsors, to understand the opportunities and ramifications of including ERISA-specific provisions in plan documents.
With a higher volume of lawsuits and a new set of decisions highlighting potential pitfalls in enforcing these provisions, this is an ideal time for plan sponsors and their counsel to reevaluate their arbitration and class action waiver provisions.
Listen as our panel discusses legal theories and results from recent court rulings, key considerations for plan amendments and employment agreements, and best practices for ERISA and employment counsel and plan sponsors.
Presented By
Ms. Buckmann has advised global employers on U.S. and cross-border employee benefit matters for over 35 years. She focuses her practice on employee benefits and ERISA, dealing with some of the foremost issues in ERISA, including pension plan compliance, fiduciary responsibilities and investment fund formation. She has significant experience with complex pension law and fiduciary problems.
Mr. Shah is a member of the Compensation & Benefits Group, where he focuses on ERISA litigation. He represents benefit plan clients in actions alleging breach of fiduciary duty, prohibited transactions, and other ERISA violations. Mr. Shah has represented several plan sponsors and fiduciaries in complex and/or class action ERISA cases, including in cases alleging that plan investments were imprudent.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, April 23, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Overview: How did we get here?
II. Current legal landscape on arbitration and class action waiver provisions
III. ERISA-specific issues raised by recent lower court decisions
IV. Strategies and considerations for counsel and plan sponsors in drafting enforceable arbitration and class action waiver provisions
The panel will review these and other key issues:
- What explains the divergent results in recent lower court decisions regarding the enforceability of arbitration and class waiver provisions?
- How can plan sponsors ensure their provisions are enforceable?
- How to communicate any changes to employees
- Best practices in deciding whether to include and how to draft arbitration and class action waiver provisions for ERISA claims
