Lawyers who, like me, litigate ESOP cases often end up with a skewed view of ESOPs, if we aren’t careful. There is sort of a selection bias at play, in that we typically see the ESOPs where something has gone
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Monticello, Operational Errors in ERISA Plans, and the New Frontier of Litigation
I recently visited Monticello, a place, being a history buff, I had always meant to tour; suffice it to say, it did not disappoint. Among other things, it was an interesting reminder of an oft-forgotten point, namely that for…
How Attenuated a Connection to Massachusetts Is Enough to Sue Under Chapter 93A and Chapter 176D?
Here’s an interesting question – what is the territorial reach of claims against insurers alleging violations of Massachusetts’ insurance claims handling statute, Chapter 176D, and seeking recovery for such violations under Massachusetts’ consumer protection statute, Chapter 93A? Massachusetts’ well-regarded Business…
A Perfect Example of the Evolution in Equitable Relief: Recovering Group Life Benefits After Enrollment Errors By The Life Insurer
I have returned to blogging after stepping away for awhile from regular posting for a number of reasons ; foremost among them, however, is wanting to talk regularly about the continuing evolution in this area of the law toward a…
Reflections on the Second Circuit’s Decision in Osberg v. Foot Locker
I was being interviewed by a reporter the other day and casually noted that I keep my twitter open on my computer all day for no other reason than to follow Bloomberg BNA’s nearly instantaneous reporting of important new court…
At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefits
Is there a more hyped sporting event with less substance than the NFL Draft? Does everyone on the internet drive traffic to their sites by linking to the draft if at all possible? Well, of course the answer to both…
Uber, Behavioral Economics, Choice Architecture and Trial Work
There is a lot of discussion on whether lawyers should be required to have at least a certain degree of competency with technology as a core skill set, on a par with, for instance, the rules of evidence. Personally, I…
Notes (and a Prediction) on the Supreme Court Argument on Church Plans
I have used this anecdote before, so you can jump ahead if you have either read something where I have written it before or heard a talk of mine where I have said it, but if you haven’t, I have…
How Not to Sue an ERISA Governed Plan: Thoughts on the Ninth Circuit’s Ruling in DB Healthcare
There may be nothing more fun than ERISA to a lawyer who likes to maneuver among innumerable rules, dodge endless traps, and work out the interaction of numerous potentially inconsistent statutory, regulatory and judge-made requirements. I stand guilty as charged.…
CapTrust and Target Date Funds
So, Kevin O’Keefe of LexBlog has long preached that the key to effective blogging and other social media professional marketing is to provide actual information that people can use, rather than putting out, under the guise of blogging, marketing materials.…