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District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration

Proskauer Rose LLP
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USA
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March 19 2013

In Yox v. Providence Health Plan, No. 12-cv-01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit

Prospects for avoiding ERISA class actions with arbitration agreements

Proskauer Rose LLP
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USA
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October 12 2012

It is well established that plan sponsors and fiduciaries may require plan participants and beneficiaries to participate in mandatory, binding arbitration as a means to prosecute claims under the Employee Retirement Income Security Act of 1974

AT&T Mobility v. Concepcion: can arbitration bar ERISA class actions?

Proskauer Rose LLP
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USA
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July 1 2011

In AT&T Mobility v. Concepcion, No. 09-893, 2011 WL 1561956 (April 27, 2011), the U.S. Supreme Court addressed whether the Federal Arbitration Act (FAA) preempted California’s judicial rule that effectively required arbitration agreements to include the right to class arbitration for them to be enforceable

An update on ERISA attorney-client privilege and the work product doctrine under ERISA's “fiduciary exception"

Proskauer Rose LLP
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USA
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July 1 2011

This month, we provide an update on the developing law regarding the “fiduciary exception” to attorney-client privilege and the work product doctrine

Forum selection clause

Proskauer Rose LLP
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USA
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April 11 2011

In Smith v AEGON USA, LLC, No 10 Civ 048, 2011 WL 710586 (W.D. Va. Feb. 22, 2011), the court enforced an ERISA disability plan’s forum selection clause

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District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration

Prospects for avoiding ERISA class actions with arbitration agreements

AT&T Mobility v. Concepcion: can arbitration bar ERISA class actions?

An update on ERISA attorney-client privilege and the work product doctrine under ERISA's “fiduciary exception"

Forum selection clause

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