OVERVIEW In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported class claims alleging imprudent and disloyal management of 401(k) investments. This decision, although unpublished, provides support for plans wishing to add binding arbitration provisions that apply to ERISA 502(a)(2) claims. IN DEPTH In Dorman v. The Charles Schwab Corp., 2019 WL 3926990 (9 th Cir., Aug. 20, 2019), and 2019 WL 3936944 (9 th Cir., Aug. 20, 2019), the Ninth Circuit reversed the district court's decision that refused to compel arbitration of ERISA claims. Plaintiff Dorman sued alleged fiduciaries of the Charles Schwab & Co., Inc. 401(k) plan, alleging the plan included underperforming Schwab investment options.