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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...
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...
The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...
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
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...
Attorney and host of the “Lawyers With Game” video podcast, Darius Gambino discuses The Ohio State University's trademark of the word "The" with NBC Legal Analyst Danny Cevallos on the Michael Smerconish Program, Tuesday 28 June 2022.
Veronica McCarty is a litigator who represents inventors and companies in intellectual property disputes, particularly for inventions involving computing and biopharmaceutical technologies, as well as medical devices. Veronica works on patent trials, including on ANDA bench trials, and she assists...
Industry-Specific, Business-Focused Legal Advice Increased pricing pressure combined with a rise in generic competition and continued regulatory uncertainty have squeezed the margins of life sciences companies. Helping navigate this ever-shifting terrain, Saul Ewing’s Life Sciences Practice consists...
David Berk counsels families and their businesses, entrepreneurs and start-up companies in taxation, structuring transactions, contract negotiations and governance issues. David also advises clients on corporate succession planning, trust and estate planning, insurance and retirement planning and...
Mark Simpson counsels technology and intellectual property innovators to assist them in developing, protecting, and monetizing the results of their creative endeavors, with a focus on IP strategy and branding. He protects their IP assets via patent preparation and prosecution, IP counseling and...
Charlie Lizza brings more than 40 years of litigation experience to his representation of pharmaceutical companies in high stakes patent litigation. Mr. Lizza concentrates his practice in Hatch-Waxman ANDA litigation and protecting the intellectual property of branded pharmaceutical and medical...
Amy Kline is a commercial litigator whose practice is focused on the representation of insurers and reinsurers in complex civil litigation. She is co-chair of the firm's Insurance Group and a member of the Executive Committee. Amy has extensive trial and appellate experience in federal and state...
Caitlin Piccarello Strauss is a commercial litigator who represents companies in disputes involving insurance, employee benefits and ERISA, real estate, and restrictive covenants. As a leader of the Firm's Employee Benefits and ERISA Litigation team, she regularly defends insurers in life, health...