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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...

Setting Expectations for Founders. Setting and agreeing upon founder roles, responsibilities, contributions and ownership are not legal issues, but have an enormous impact on the company and legal matters going forward. Once set, these expectations become the blueprint for operating your company...

This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD benefits, LTD and LWOP policies, the breadth of discretion available to claims...

In an interview with Commercial Property Executive, Damon Juha discusses the growth of multistory industrial facilities. He believes that given the increased construction costs necessary to acquire, design, entitle and develop a multistory industrial facility, there are only so many investors that...

This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight to be afforded to non-treating expert opinions and SSDI determinations...

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act (“NEPA”). NEPA is the most litigated federal environmental statute, and a...

This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...

A bipartisan group of representatives, led by Representatives Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX), have introduced an updated version of the Dignity Act (H.R. 3599) to fix what they call the nation’s fractured immigration system. The authors of the bill call it the first serious...

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by insurers in issuing claims decisions. The Saul Ewing Employee...

BOSTON, (APRIL 30, 2024) – Donald Lussier, a real estate attorney with three decades of experience representing clients in real estate, corporate and commercial lending transactions, has returned to Saul Ewing LLP following a stint at another firm. He is resident in the firm’s Boston office. Mr...

It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions involving the Takings Clause in less than a week, attention must be paid...

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in making disability determinations, the requirements for determining disability...

SIOR investment leaders provided an insightful panel discussion about preferred equity and financing opportunities. The panel, which featured both preferred equity providers and users, guided you through the intricacies of identifying and creating these opportunities and how they can help you get...

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were not preempted by ERISA and a court’s deference to an insurer’s...

In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This comprehensive update includes beneficiary-centric selection, flexible petition start...

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and prejudgment interest, deference to an insurer’s interpretation of a plan’s provisions...

The Department of Homeland Security (DHS) has put forth a Proposed Rule in January 2023 (“Proposed Rule”), suggesting fee increases and other modifications. Under this proposal, the U.S. Citizenship and Immigration Services (USCIS) increase filing costs for many immigration benefit petitioners and...

This month’s Friday Five covers cases relating to the enforceability of contractual statute of limitations provisions described as a “labyrinth,” ERISA claims when the carrier allegedly misrepresents benefits, federal courts retaining ERISA jurisdiction following a related state court case, a court...