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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...

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...

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...

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...

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...

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...

John P. Englert has almost 40 years of diverse environmental experience. Since 1994 John has practiced environmental law and before that he was an environmental consultant. In both capacities, he has served national and international companies in the energy, environmental and manufacturing sectors...

Carl Everett has more than 42 years of experience helping manufacturers, oil and gas companies and many other types of businesses resolve disputes with the government and other parties over environmental remediation of polluted sites. He is deeply involved in cases involving the Superfund, including...

Austin Strine represents clients in complex civil litigation in state and federal courts. His experience includes matters ranging from data privacy and cybersecurity issues and commercial breach of contract claims to corporate and shareholder disputes and business defamation cases. He also...

Jim Gkonos focuses his practice of almost 40 years on insurance and reinsurance regulatory matters, contract and treaty interpretation and reinsurance disputes. As a former division general counsel of a large domestic property and casualty carrier, Jim has significant experience with the regulatory...

From sustainability efforts and diversity, equity and inclusion programs to labor management and board governance, companies and institutions are sharply focused on environmental, social and governance (ESG) risks, actions, and goals — or are ramping up their strategies on these fronts. With a wide...

Erin Westbrook assists clients in the food, beverage, agribusiness and cannabis industries with matters involving their intellectual property and business disputes. Her experience includes counseling and litigation involving trademarks, patents, copyrights, trade secrets and contracts, and she...

Jim Taylor is a trial lawyer with first-chair experience handling complex litigation in federal and state courts. A significant portion of his practice uses that litigation experience and perspective to counsel clients in managing high-profile crises, minimizing financial and reputational risks...