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For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans. Not Knowing the...
The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...
This month’s Friday Five covers cases relating to a plaintiff’s attempts to seal a complaint seeking disability benefits, an administrator’s uncommunicated decision to discontinue its investigation into certain medical conditions, an administrator’s loss of the deferential standard of review for...
On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people...
This month’s Friday Five explores two recent decisions that discuss limitations on benefits when both physical disability and disability arising from mental illness are alleged, whether remand of a claim by the court constitutes a new appeal or a continuation of the previous appeal, whether an order...
What Do We Do Now?! How To Handle an OSHA Inspection An inspection from the Occupational Safety and Health Administration (OSHA) can affect a construction site in many ways—from workflow disruptions to compliance issues. In this seminar, Michael Metz-Topodas reviews the regulatory requirements...
The much-anticipated Stakeholders’ call took place on April 25th. As expected, there was not a lot of detailed direction provided although it was acknowledged that to the extent questions were not answered USCIS would try to otherwise address the questions at a later point in time. The following...
In It for the Long Haul: Covid, Long Covid, and Covid-Adjacent Claims Issues Caitlin Strauss will be speaking on a panel during the 2023 DRI Life, Health, Disability, and ERISA Seminar in New Orleans, Louisiana. Joining Caitlin on the panel is Lisa E. Montelongo-Connor, Unum and Joni Sobocinski, New...
"A Change Is Gonna Come" What OSHA's Policy Revisions May Mean for the Construction Industry Michael Metz-Topodas, a Partner in the firm's Construction Practice, will be speaking on a panel during the American Subcontractors Association of Central Pennsylvania Half-Day Construction Symposium...
This month’s Friday Five explores recent decisions that reflect the precise nature of rules and definitions in the context of ERISA claims. For example, effective dates of CFR code provisions and contractually defined limitation periods can draw specific points on the timeline of a case. Similarly...
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...
The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in accordance with section 203(b)(5)(E), or before the date of the...
EB-5 & IEP Updates Cynthia Gomez will speak on a panel during the 44th Annual Immigration Law Update, hosted by AILA South Florida Chapter. The panel will cover the following: Current status of EB5 program Is the International Entrepreneur Parole (IEP) Program a Viable Option? Long processing times...
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...
Last year, safety compliance in the cannabis industry took on a new dimension when the United States Occupational Safety and Health Administration (OSHA) cited production company Life Essence Inc, d/b/a Trulieve (Trulieve) for an employee’s fatal asthma attack following workplace exposure to ground...
On January 13, 2023, Jay Rosen spoke at the 2023 EB-5 & Global Immigration Expo United States. He was a speaker on the EB-5 Market Trends panel. The panel discussed RIA filing possibilities, inflation impact, source of funds options, best due diligence practices and emerging market movements.