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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...
Joe Lipchitz represents businesses, officers, directors, and high-level executives in the technology, health care, financial services, and media industries in civil litigation nationwide, particularly in high-stakes disputes. Drawing on his more than 20 years of experience as a trial lawyer, Joe...
Sondra Saporta assists employers with labor and employment disputes, including litigating and investigating claims relating to racial and gender discrimination, sexual harassment, retaliation, disability accommodations, and restrictive covenants. In addition to defending clients in civil litigation...
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...
Erik Pramschufer's practice focuses on labor and employment law, including workplace litigation, dispute resolution and counseling. He litigates and advises clients under federal, state and local employment laws. A successful trial attorney, Erik has experience defending clients against lawsuits and...
Gary Lipkin represents companies and individuals in a wide array of corporate and commercial litigation matters. In his more than 20 years of legal practice, Gary has built an extensive track record handling cases before the nation's preeminent business court, the Court of Chancery of the State of...
Harriet Cooperman is an accomplished results-oriented strategic labor and employment attorney for publicly and privately held businesses and non-profits in court, at the negotiation table, and with executive leadership and management teams. She works closely with clients to develop and implement...
Mark Nehme represents employers in labor and employment disputes, handles related investigations and provides counseling to help clients comply with workplace regulations and laws. Mark's experience includes resolving wage and hour and related discrimination claims brought against employers, as well...
Joanne Frasca has decades of experience handling complex business litigation, real estate and title, and employment disputes in state and federal court. She represents individuals, partnerships, and small to Fortune 500 companies. Clients include closely held businesses, real estate developers and...
Teresa "Terri" R. Tracy represents management in labor and employment litigation and related legal matters. Her experience includes issues involving wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining...
Jacob Tosti is a litigator and employment lawyer with broad experience representing businesses, educational institutions, non-profit organizations, and high-level executives involved in complex commercial disputes and labor and employment issues. His practice includes the defense of high-exposure...