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This month’s Friday Five covers cases relating to potential impacts of COVID-19, full and fair review of the claim file, an attempt to use an insurer’s internal policy against itself, and a “second bite at the apple” by amending a complaint for denial of benefits to include a claim for breach of...

This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim based on alleged misrepresentations from an employer, another district court...

This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...

This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...

This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...

This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...

This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...

See Eidelman on Page 11

This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...

Jeffrey Letwin counsels businesses in complex matters including corporate finance, mergers and acquisitions, franchising, real estate finance and development. He also advises enterprises in the interface between governmental and economic development agencies and devises financing strategies...

Zachary Berk focuses his practice on complex civil litigation matters, with concentrations in business and real estate litigation. His experience also includes representing clients in consumer financial services, intellectual property, employment and trade secret related matters. Zach regularly...

Steven Ziven, who is the firm's Los Angeles Office Managing Partner and an Executive Committee member, advises clients primarily on corporate law and legal issues associated with business transactions, real estate transactions and financings. He has extensive experience in buying and selling...

Robert Mascioli counsels entrepreneurs, family businesses and middle-market companies on a wide variety of business matters. Acting as their outside general counsel, Bob strives to learn the background, operations and strategies of clients and seeks to align his legal advice with their goals to...

Jim Gkonos focuses his practice of almost 40 years on insurance and reinsurance regulatory matters, contract and treaty interpretation and reinsurance disputes. As a former division general counsel of a large domestic property and casualty carrier, Jim has significant experience with the regulatory...

Erin Westbrook assists clients in the food, beverage, agribusiness and cannabis industries with matters involving their intellectual property and business disputes. Her experience includes counseling and litigation involving trademarks, patents, copyrights, trade secrets and contracts, and she...

Max Bremer advises entrepreneurs and established companies on key transactions throughout the business life cycle, from formations and financings to mergers, acquisitions and divestitures. Max works with clients in a variety of industries, including health care IT, medical devices, data analytics...

Erik Kantz focuses his practice on middle-market businesses and emerging companies. Having served in both the business and litigation groups of the Firm, Erik takes a business approach to the practice of law, helping clients design and implement strategies and organizational structures that promote...

Amy Kline is a commercial litigator whose practice is focused on the representation of insurers and reinsurers in complex civil litigation. She is co-chair of the firm's Insurance Group and a member of the Executive Committee. Amy has extensive trial and appellate experience in federal and state...

Jay Tarshis's practice focuses on estate planning and administration, taxation, and general corporate law. His estate planning practice is concentrated on inter-generational wealth planning for family business owners and high net worth individuals. Jay frequently addresses business succession issues...

Kermit Nash counsels domestic and international clients on legal issues connected with their business operations, governance, strategy and investments. Privately held domestic and international corporations rely on Kermit to advise them on transactions ranging from mergers and acquisitions and sales...