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Boom: The ERISA Law Blog

ERISA: When Can Plan Administrators Get Into Trouble by Deciding a Disability Claim Too Quickly?

By Mike Reilly on August 20, 2019

ERISA plan administrators are constantly pressured by claimants to render decisions quickly…. This is especially true with short term disability claims. You already know that ERISA regulations require that disability claim benefit decisions be made “within a reasonable time but not later than 45 days after receipt of the claim.” 29 CFR § 2560.503-1. This period may be extended “for up to 30 days” twice, under certain circumstances. So, what does “within a reasonable time…

Boom: The ERISA Law Blog

ERISA: “I Only Missed It By That Much” — Why the “Substantial Compliance” Doctrine May NOT Excuse Late-Issued Benefit Decisions Anymore

By Mike Reilly on July 22, 2019

You already know that ERISA regulations set specific timelines for the issuance of ERISA-governed long term disability decisions. See, e.g., 29 C.F.R. 2560.503-1(i)(1)(i) (45 days for disability claims and 60 days for others). In special circumstances, the administrator can extend the time by which benefit decisions are made. An administrator’s failure to issue benefit decisions can have consequences: in those situations a claimant shall be deemed to have exhausted administrative remedies (and can sue), and…

Target Letter

This Week in White Collar News: In Memoriam

By Aaron P. Brecher on July 21, 2019

This last week saw the passing of two titans of American law: John Paul Stevens and Robert Morgenthau. Both led remarkable lives and careers. Justice Stevens died last Tuesday at age 99. Over more than 30 years on the U.S. Supreme Court, he authored critical majority and dissenting opinions on issues central to white collar criminal enforcement—indeed to criminal law generally. To start, he authored several of the decisions that have transformed criminal sentencing.…

The Pipeline Cannabis Law Advisor

Adult-Use in Michigan: Emergency Administrative Rules Released

By Samuel D. Méndez on July 19, 2019

Michigan’s Marijuana Regulatory Agency (MRA) issued its emergency administrative rules earlier this month, providing a framework for the state’s adult-use cannabis industry and detailing the license application process. The MRA stated in their July 3 press release that they plan to start accepting business applications on November 1. Perhaps the most important rule that entrepreneurs should know: the MRA will only accept applications from businesses already licensed under Michigan’s medical cannabis laws for the first…

The Pipeline Cannabis Law Advisor

Current Practices and Challenges of Cannabis Use in Senior Living & Long Term Care Communities

By Justin E. Hobson on July 11, 2019

Gabi Sanchez, Co-Chair of our Senior Living & Long Term Care Team, was quoted in a recent Senior Living Executive magazine article titled “Cannabis, Choice, and Your Community: Updates on Practices and Problems.” The article, authored by Cynthia Helzel, discusses the increase of older adults turning to cannabis products as well as the impacts this trend has on senior living and long term care communities. ‘It’s important for executives to pay attention to this…

Target Letter

White Collar Roundup: Mail Fraud, Anti-Bribery, and SCOTUS Updates

By Aaron P. Brecher on July 1, 2019

We’ve linked to alleged gold-based fraud schemes before. Here’s another set of charges—for mail fraud in Oregon—against the owners of a coin business who allegedly misrepresented their operations to clients. And in Alaska, a sparsely detailed indictment for money laundering growing out of a drug operation. DOJ dispatched a representative to Prague to deliver remarks to the ABA’s Global White Collar Crime Institute Conference. The focus was on international cooperation in anti-bribery efforts.…

The Pipeline Cannabis Law Advisor

Tide Turns Towards Tolerance: Washington Regulatory Enforcement

By Samuel D. Méndez on July 1, 2019

SB 5318 was signed into law in Washington on May 13, and requires the Washington State Liquor and Cannabis Board (WSLCB) to overhaul its practices when enforcing cannabis regulations. But even before the bill was signed, a look through the WSLCB’s Adjudicative Proceedings Log indicates that the WSLCB had already begun making some changes in how it handled certain license-cancelling administrative violation notices (AVN). In particular, the WSLCB in 2019 has been more willing to…

The Pipeline Cannabis Law Advisor

Key Takeaways From the USDA’s Hemp Memo

By Justin E. Hobson on June 20, 2019

On May 28, the U.S. Department of Agriculture (USDA) issued a legal opinion that discusses the hemp-related provisions of the 2018 Farm Bill. Two of the issues addressed in the opinion are noteworthy: Interstate Transportation The USDA opines that states and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under the 2014 Farm Bill. This conclusion is likely to have a meaningful impact on hemp produced during the current…

The Pipeline Cannabis Law Advisor

USPS Updates Guidance on the Shipment of Hemp

By Sativa M. Rasmussen on June 18, 2019

Last week, the U.S. Postal Service (USPS) confirmed in an expanded policy update that hemp and hemp products are mailable under certain circumstances, as set forth below. In a statement published to the agency’s Postal Bulletin, USPS said that since the passage of the 2018 Farm Bill it has “received numerous inquiries from commercial entities and individuals wishing to use the mail to transport cannabidiol (CBD) oil and various other products derived from the cannabis…

The Pipeline Cannabis Law Advisor

WEBINAR | Hemp-Derived CBD in Washington State and Across the Country

By Lewis M. Horowitz on June 7, 2019

The Washington State Bar Association Cannabis Law Section is hosting a webinar on the state of hemp-derived cannabidiol (CBD) in Washington and across the U.S. The panelists will discuss legal considerations for advising businesses cultivating hemp, processing raw hemp into finished products and distributing hemp-derived CBD. They will also provide insights on the 2014 and 2018 Farm Bills, FDA regulations and policies, and recent changes to Washington law regarding hemp. FACULTY Joshua Ashby, Lane Powell Daniel…

Lane Powell PC

Lane Powell PC Blogs

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ERISA: When Can Plan Administrators Get Into Trouble by Deciding a Disability Claim Too Quickly?

ERISA: “I Only Missed It By That Much” — Why the “Substantial Compliance” Doctrine May NOT Excuse Late-Issued Benefit Decisions Anymore

This Week in White Collar News: In Memoriam

Adult-Use in Michigan: Emergency Administrative Rules Released

Current Practices and Challenges of Cannabis Use in Senior Living & Long Term Care Communities

White Collar Roundup: Mail Fraud, Anti-Bribery, and SCOTUS Updates

Tide Turns Towards Tolerance: Washington Regulatory Enforcement

Key Takeaways From the USDA’s Hemp Memo

USPS Updates Guidance on the Shipment of Hemp

WEBINAR | Hemp-Derived CBD in Washington State and Across the Country

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