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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...
Evolution of Cyber Insurance and the Impact on Cyber and Privacy Risk Management Laurie Kamaiko will speak at the Privacy + Security Forum 2022. Her panel is entitled "Evolution of Cyber Insurance and The Impact on Cyber and Privacy Risk Management." More details to come.
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...
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
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from...
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...
George "Ned" Rahn focuses his practice on commercial litigation including national and international construction matters. He has handled matters for contractors, engineering firms, owners, and surety bond companies in a variety of contexts. Ned has dealt with matters for general contractors...
Charlie Monk handles complex, high-stakes litigation. During his 40 years as a trial lawyer, clients ranging from governmental entities and security broker dealers to energy providers and utilities have relied on his legal counsel to help them deal with complex litigation. He has led teams dealing...
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...
Charles Kelly is a highly regarded litigator with extensive experience handling media, health care and complex commercial litigation. He regularly litigates cases in federal, state and bankruptcy courts. Charlie's clients range from Fortune 100 to small start-up companies that he represents for...
Joe Lipchitz represents businesses, officers, directors, and high-level executives in the technology, health care, financial services, and media industries in civil litigation nationwide, particularly in high-stakes disputes. Drawing on his more than 20 years of experience as a trial lawyer, Joe...
Laurie Kamaiko advises clients on emerging and complex risks associated with cybersecurity and privacy incidents and the rapidly developing legal landscape. She helps them limit their exposure to such risks and respond to incidents and related litigation. Laurie has extensive experience in...
Elizabeth focuses her practice on counseling community associations both in litigation and on day-to-day operational issues. Elizabeth's litigation experience includes litigating constitutional claims, administrative review actions, government investigations, and business litigation, such as...
Stephanie Denker focuses on complex commercial litigation, including insurance and securities law. In the Insurance industry, Stephanie has experience in lapse litigation, primarily in New York. Stephanie also defends insurance companies in class actions, including cases brought in Illinois, Florida...
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...
Mike Finio helps companies sort through antitrust and competition-related issues posed by federal and state antitrust law, the government regulatory and litigation-based enforcement that arises from it, and private antitrust activity. Mike's representation of publicly and privately held businesses...