Live Nation Says 401(k) Plan’s Arbitration Consent Is Paramount

A challenge to Live Nation Entertainment Inc.'s 401(k) plan fees belongs in arbitration under a binding clause added to the plan document in 2022, the concert and entertainment company told the Ninth Circuit.

The US Court of Appeals for the Ninth Circuit should reaffirm its 2019 decision in Dorman v. Charles Schwab Co. and hold that the plan’s arbitration provision is enforceable because the plan itself consented to the requirement, Live Nation said in a Wednesday brief. Affirmative consent from plan participants isn’t required; it’s enough that the plan itself agreed to be bound by the arbitration requirement, the ...