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EXAMINING A RANGE OF EMPLOYEE BENEFITS
AND EXECUTIVE COMPENSATION ISSUES

401(k) Fiduciary Breach Claims Not Subject to Arbitration, Second Circuit Decides

17. März 2021

Reversing a lower court’s decision, the US Court of Appeals for the Second Circuit issued an opinion in Cooper v. DST Systems, Inc., et al., finding that an arbitration agreement signed by an employee as part of his employment did not require that he arbitrate any fiduciary breach claims challenging the investment options and fees in his employer’s 401(k) plan. Read our recent LawFlash to learn more about the decision and the potential implications.