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On November 9, 2022, the New York Department of Financial Services (“NYDFS”) published proposed amendments (the “Proposed Amendments”) to its Cybersecurity Regulations (23 NYCRR 500), commonly referred to as Reg. 500. The comment period for these Proposed Amendments ends on January 9, 2023...

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...

Work Product Protection for Patient Safety Information Charles Kelly, MS, partner, at Saul Ewing LLP, will walk attendees through two important pieces of legislation that protect healthcare workers: the Patient Safety and Quality Improvement Act of 2005, which ensures federal privilege and...

On December 2, 2022, the Office for Civil Rights (“ OCR ”) and the Substance Abuse and Mental Health Services Administration (“ SAMHSA ”) within the U.S. Department of Health and Human Services (“ HHS ”) issued a Notice of Proposed Rulemaking (“ NPRM ”) to revise the Confidentiality of Substance Use...

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...

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...

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...

The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...

Stephanie Denker, an Associate at Saul Ewing, LLP, will be speaking at the ARIAS Fall Conference on November 4, 2022. This session, Rapid Fire Case Presentations, was such a success in years past, it's being brought back for 2022! Hear from five presenters as they compete to convince the audience...

Saul Ewing Partners Andy Bockis, Justin Danilewitz and Sean O'Neill will speak at the 2022 Oil & Gas Law Conference on October 26, 2022. Their topic will be "Will the SEC's Proposed Climate Reporting Rules Survive a Major Questions Challenge."

Allison Burdette, associate at Saul Ewing, will be presenting to the Children's Hospital of Los Angeles on October 12, 2022. She will focus on the topics of insight into regulatory/insurance litigations around compliance matters (i.e., Anti-kickback, Physician Self-Referrals, HIPAA, False Claims...

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...

Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language requiring direct physical loss or damage. What You Need to Know: Many...

ENERGY INNOVATION: HOW NATURAL GAS AND NEW ENERGY TECHNOLOGIES ARE SHAPING THE FUTURE OF PITTSBURGH INTERNATIONAL AIRPORT (NON-CLE) Jeffrey Letwin, a Counsel in the firm's Energy practice, will be speaking at the 13th Appalachia Energy Law Conference. His panel will consist of representatives from...

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...

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