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This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a waiver of premium provision and compliance with a mandatory appeals process...
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...
Opportunity Zones offer potential benefits for your clients, but it's crucial to distinguish between good and bad investments. Delve into the intricacies of the Opportunity Zone program, compliance and reporting obligations involved in maintaining these investments, and tax benefits that are...
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
(Washington, DC, July 21, 2021) – Earl Adams, Jr., co-chair of the firm’s Regulatory, Compliance and Government practice, and Managing Partner of the firm’s Washington, D.C. office, has been appointed by President Biden to serve as Chief Counsel to the Federal Motor Carrier Safety Administration (...
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...
Steve Aichele provides legal counsel on complex real estate development projects where issues involving land acquisition, approvals, financing and construction intersect with federal, state and local governments, particularly in Pennsylvania. While Steve has spent much of his 40-year career in...
Andrew Bockis helps clients obtain and defend environmental permits for their projects. Industrial projects are subject to ever-changing rules and increased agency review time. Whether related to industrial warehouses or oil and gas facilities or renewable energy projects, many business leaders are...
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...
Toby Eveland is a skilled litigator and trial advocate for clients who are involved in high-profile cases that pose a risk to their reputation and complex business disputes that could affect their viability. His courtroom experience includes successes in state, federal, and appellate courts across...
Bill Warren is a member of the Real Estate, Construction and Government Contracts practices. He has worked extensively on governmental procurement of technology, equipment, commodities and services, and public, nonprofit and private construction programs, and as a commercial litigator in the federal...
Navigating Complex Regulations and Risks The federal government (Government) imposes unique requirements on entities that sell, directly or indirectly, goods or services to the Government. These requirements vary according to type of contract (e.g., fixed-price, cost-reimbursement), by item (e.g...
Protecting the Rights of Corporate Clients Companies generally enjoy a fruitful relationship with their shareholders, but disagreements about management, perceptions of minority shareholder mistreatment, or concerns over executive compensation may arise. No matter the cause of shareholder...
Handling the Challenges of a Rapidly Evolving Industry From the rise of smart cities and 5G to blockchain and machine-to-machine communication, next generation wireless technologies are reshaping our world. Participants in the telecommunications and digital infrastructure industry have a critical...