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BACKGROUND: The Rule - What It Means and What It Prohibits A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person to serve as a director of competing corporations. If certain conditions exist...

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...

The Corporate Transparency Act (CTA) imposes significant new reporting requirements on many small businesses, as of January 1, 2024. The law requires all “reporting companies” to identify their “beneficial owners” and “company applicants” in a report to be filed with the U.S. Treasury Department’s...

Zachary Berk Headshot

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...

Responsive Service and Real-World Guidance Attorneys in Saul Ewing's Financial Services Practice advise and represent local, community and regional banks; credit unions; and other private and public finance entities in a wide range of transactional and business matters. We provide practical legal...

Mary Harmon

Mary Harmon focuses her practice on advising corporations and passthrough entities on tax and contractual issues. Clients look to her for counsel on U.S. federal, state, local, and foreign tax compliance and planning issues, including matters relating to subchapter C, subchapter K, subchapter S and...

Steven Ziven

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...

Adam Fayne

Adam Fayne assists companies and individuals, nationally and internationally, on corporate and tax issues. As a corporate attorney, Adam routinely advises management or in-house general counsel on various legal matters affecting their day-to-day corporate activities. His experience includes handling...

Nikhil A. Mehta

Nikhil Mehta works closely with clients and their management teams to draft and negotiate complex commercial agreements, including contracts for purchase and sale of goods, distribution and supply agreements, services agreements, manufacturing agreements, licenses and leases. Nikhil also represents...

Robert A. Mascioli Headshot

Robert Mascioli counsels entrepreneurs, family businesses and middle-market companies on a wide variety of business matters. Acting as their outside general counsel, Bob strives to learn the background, operations and strategies of clients and seeks to align his legal advice with their goals to...

An Experienced Legal Team for the Entire Life Cycle of a Fund The complexities of forming and managing an investment fund are vast and varied — from changing market trends and investment strategies, to shifting tax and regulatory requirements. Navigating this landscape while maximizing return on...

James S. Gkonos

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...

Guidance Throughout a Shifting Global Landscape Growth and opportunity are driving factors for success in today’s expanding global economy. The prevalence of crossing borders to gain a competitive edge, sustain profitability, maximize investments or realize personal goals has resulted in a critical...

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