Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

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John E. Roberts

John E. Roberts is a partner in the Litigation Department and co-chair of the firm’s Appellate Practice Group.  He focuses on complex civil appeals and commercial litigations.

John has twice represented parties during the merits stage at the United States Supreme Court.  He was a key member of the Proskauer team that represented Biosig Instruments in the high-profile patent appeal, Nautilus Inc. v. Biosig Instruments, Inc.  His advocacy led to a favorable decision by the Supreme Court and ultimately victory on remand before the United States Court of Appeals for the Federal Circuit.  John also drafted a successful petition for certiorari in Acosta-Febo v. Franklin Tax-Free Trust and drafted the merits briefs at the Supreme Court in that case.  He has also represented parties in federal and state appellate courts across the country.

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Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan

On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable.  The Ninth Circuit thus denied a petition for mandamus seeking to overturn a district court decision transferring an ERISA action from the Northern District of California to the District of … Continue Reading

Ninth Circuit Overturns Precedent and Sends ERISA Claims to Individual Arbitration

In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration. The Court also enforced the arbitration agreement’s class action waiver and sent plaintiff’s putative ERISA class action to individual arbitration with relief … Continue Reading

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