“Make no mistake, the decision is a win for workers and retirees” – BG partner Mark Boyko is quoted in Law360 commenting on the impact of a federal court appeal rejecting a management-side argument to force an ERISA lawsuit into individual arbitration, finding that an agreement tucked into ESOP plan documents blocked relief under federal benefits law. However, the panel avoided thornier questions such as whether all ERISA claims could be pushed into arbitration. As Boyko noted, the panel “hung its hat” on the arbitration provision’s block on monetary or other relief being recovered on a class basis and warns “the issues with limiting representative actions are just one of the problems.’”
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