December 01, 2016

In this article, Jenner & Block Partners Amanda S. Amert and Craig C. Martin examine the issue of venue selection in ERISA cases.  The authors focus on Harris v. BP Corp. North America, Inc. et. al.  In Harris, the Northern District of Illinois refused to enforce a forum selection clause because the clause was inconsistent with ERISA.  The authors observe that, while Harris will not be the last word on the issue, “it may give plan participants additional ammunition when seeking to avoid forum selection clauses.  Its holding should also serve as a reminder to plan sponsors that attempts to invoke those clauses are not without risk.”