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
Boston ERISA & Insurance Litigation Blog
Latest from Boston ERISA & Insurance Litigation Blog - Page 2
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.…
What Happens When the Pirates of the Caribbean Go Looking for a Financial Advisor to Help Invest Their Treasure?
All men, who after all are all just overgrown 12 year olds, admire Johnny Depp to some degree – a grown man who becomes fabulously wealthy by playing pirate??? Sign me up! But what’s not to emulate, as this article…
Are Forum Selection Clauses Valid Under ERISA?
So the Supreme Court, for the second time, has now taken a pass on ruling on whether ERISA plans can contain forum selection clauses. As this article notes, a number of courts have enforced forum selection clauses in ERISA-governed plans,…
The Church Plan Cases at the Supreme Court: A Billion Here, A Billion There and Soon You Are Talking Real Money
Several years ago, when the first of the class actions were filed alleging that medical institutions were improperly claiming church plan status under ERISA, I was speaking on a panel at one of the American Conference Institute’s ERISA Litigation conferences…
The Year in Review: Looking Back at ERISA Litigation In 2016
2016 was the year that church plans went to the Supreme Court, excessive fee claims came to elite universities and the Department of Labor’s authority to alter its regulation of fiduciary conduct was challenged in multiple courts. Of course, stock…
I Predict the Future in Planadvisor
I, and a cast of other ERISA Nostradamus[es], claim to foretell the future of ERISA litigation – by gazing back at the past year – in this new article in Planadvisor, titled “Expect More Varied ERISA Litigation in 2017.” I…