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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...

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...

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...

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...

The Lawsuits and Law Firms Behind the Gaming Industry Another source of litigation for the games indsutry are so-called “loot boxes,” or purchasable opportunities to receive in-game items, with more powerful or valuable items being rarer. Loot boxes have been likened to gambling by regulators and...

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...

To date, and with exception of online casino games, access to most video games has not been strictly limited by age or other criteria1. That, however, may be changing. In this chapter we will explore the history of loot boxes, their impact on gaming culture, and the prospects for their global...

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...

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...

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...

On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication technologies to provide audio-only telehealth services in a manner that is...

ATHLETICS RISK MANAGEMENT Saul Ewing attorneys Amy Piccola, Andrea Brockway and Tricia Duffy, along with Sam Swartout of United Educators, will speak at the University & College Insurance Consortium (UCIC) 11th Annual Safety Leadership Conference on June 14th on the topic of Athletics Risk...