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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...

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...

Barry F. Levin provides high-level legal counsel on complex corporate and real estate transactions that shape the future of businesses across a wide variety of industries. His keen understanding of how legal issues intersect with business interests in these deals and other corporate matters stems...

Pia Aklian is a corporate and transactional attorney who advises clients ranging from emerging businesses to multinational, public companies across various industries including technology, software, manufacturing, life sciences and health care. Pia advises clients on a broad range of matters that...

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...

Government is growing every day. Regardless of which political party is in power, the scope of government regulation at the state, county and local levels, and the impact of government on all types of business has regularly increased. Regardless of your type of business – manufacturing or finance...

Patrick Rodriguez's practice focuses on business and tax planning law. A certified public accountant, Patrick is experienced in representing clients in mergers and acquisition. He represents both buyers and sellers in a broad range of transactions, which encompasses stock purchases and asset sales...

Steven Ziven, who is the firm's Los Angeles Office Managing Partner and an Executive Committee member, advises clients primarily on corporate law and legal issues associated with business transactions, real estate transactions and financings. He has extensive experience in buying and selling...

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...

John Meigs concentrates his practice in planning and problem solving for wealthy individuals, their families and property interests, both in the United States and abroad. This includes a substantial amount of work on estate planning and estate and trust administration and on tax aspects of planning...

Marc Citron counsels a broad range of commercial enterprises on real estate deals and other business transactions that are key to their growth and evolution. During his more than 45 years of legal practice, Marc has advised clients ranging from real estate developers, retailers and the hospitality...