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401(k) Plans

May 18, 2012 9:41 AM Plan Administrators and the Risk of Personal Liability: A Primer
April 12, 2012 8:36 AM On the Other Hand, There May Not Be Any Structural Impediments to Breach of Fiduciary Duty Class Actions in the Sixth Circuit
April 10, 2012 11:19 AM The Dam Breaks: Tussey v. ABB
April 6, 2012 9:48 AM Structural Impediments to Breach of Fiduciary Duty Claims
March 8, 2012 4:18 PM A Perfect Storm, ERISA Style
March 6, 2012 10:26 AM On ERISA and the Potential Liability of Senior Executives
March 2, 2012 1:18 PM Fiduciary Prudence? 9.5 Million Reasons to Care.
February 1, 2012 9:33 AM Fee Disclosure, the Wall Street Journal, and the Value of Regulation
January 4, 2012 9:41 AM An Entertaining Little Primer on Cash Balance Plans
November 30, 2011 10:44 AM The Realities of Plan Fees - Or Why They Are Not Excessive Just Because They Exist
November 14, 2011 10:10 AM How Much Employer Stock is Too Much? Anything More than a Little
October 25, 2011 8:34 AM Some Notes From the Real World on the Practical Realities of Fee Disclosure
October 20, 2011 9:55 AM Citigroup, McGraw-Hill, and Moench
October 3, 2011 10:11 AM Defensive Plan Building After Loomis
September 30, 2011 9:31 AM Loomis, Hecker, Tibble and the Evolution of Excessive Fee Claims
September 19, 2011 8:44 AM The New York Times on BrightScope
September 16, 2011 9:02 AM The New York Times, Fees, Regulation and Wrap Fees
September 13, 2011 10:40 AM Fee and Expense Disclosure: No Such Thing as a Free Lunch
September 8, 2011 11:26 AM 401(k)s, Spousal Waiver and Beneficiary Forms
September 1, 2011 3:37 PM Retreat From the High Water Mark: Excessive Fee Litigation After Tibble
August 31, 2011 10:04 AM The Lessons of Unisys
July 18, 2011 11:43 AM Talking About Fees
May 6, 2011 10:37 AM Extrapolating From Employer Stock Drop Cases to Other Types of Investment Losses
May 4, 2011 10:15 AM Live Blogging from Bentley College . . .
April 28, 2011 10:40 AM Playing Hot Potato With Employer Stock
April 19, 2011 10:25 AM What Exactly is the Investment Drag of Macaroni and Cheese?
April 6, 2011 10:06 AM Excessive Fee Claims After Tibble and Hecker
March 31, 2011 1:23 PM What Can We Learn From a List of the Best 401(k) Plans?
March 22, 2011 11:05 AM Fiduciary Definitions Change Hand in Hand with the Real World
March 18, 2011 1:51 PM Pozek on Werewolves
February 8, 2011 12:19 PM Me, Behavioral Finance and PlanSponsor Magazine
January 31, 2011 10:38 AM On Spano and Certifying Classes in Defined Contribution Cases
January 26, 2011 11:54 AM Class Actions, the Diamond Hypothetical and the Seventh Circuit
January 19, 2011 10:49 AM The Ever Evolving Risks of Fiduciaries
January 14, 2011 12:46 PM On Disclosure and Conflicts of Interest
December 30, 2010 11:40 AM Talking About Compliance is Cheap - Taking Action On Compliance Is What Matters
November 16, 2010 10:19 AM Fees, Fees and More Fees - Once Again
October 29, 2010 11:12 AM Does LaRue Alter the Rules for Class Actions?
October 26, 2010 9:18 AM Fees, Fees, and More Fees
October 13, 2010 9:50 AM In the More Things Change Department . . .
October 8, 2010 8:58 AM The Ninth Circuit Adopts Moench and Why It Matters
October 6, 2010 12:55 PM ERISA and the 401(k) turn 30
September 24, 2010 9:18 AM Moench, the DOL and the Future of Stock Drop Litigation
September 9, 2010 8:38 AM Private Attorney Generals and ERISA
July 26, 2010 12:04 PM Pay Now and Later: High Plan Fees Pose an Increasing Risk of Fiduciary Exposure
June 21, 2010 12:08 PM Can the Deepwater Horizon Spill Sink the Fiduciaries of BP's 401(k) Plan as Well?
June 4, 2010 9:49 AM On Named and Functional Fiduciaries
April 7, 2010 11:46 AM Wednesday Potpourri
March 31, 2010 9:32 AM Harris, Hecker, Excessive Fees and Marketplace Discipline
March 11, 2010 9:35 AM The Fiduciary Status of Investment Advisors
February 25, 2010 10:35 AM A Parable About the Cable Man
February 18, 2010 10:37 AM On Plan Fees, Wal-Mart and the Costs of Bad Publicity
January 26, 2010 10:04 AM On Attorneys Fees and Hecker
January 12, 2010 12:49 PM Is There A Disjunct Between Excessive Fee Cases and the Real World?
January 8, 2010 3:25 PM BusinessWeek on BrightScope
December 17, 2009 3:52 PM A Nice Explanation of the DOL Advisory Opinion on Target-Date Funds
December 14, 2009 11:05 AM Marx on 401(k) Litigation
December 3, 2009 1:12 PM Three for Thursday
November 24, 2009 4:22 PM On Fiduciary Liability Insurance
November 2, 2009 12:20 PM Hecker, Fees and A Broad Public Market
October 15, 2009 3:29 PM Time to Retire the 401(k)?
July 22, 2009 12:23 PM You Say Securities, I Say ERISA
July 21, 2009 1:20 PM Excessive Fee Litigation and the Small Plan
May 20, 2009 12:27 PM Thoughts on Costs and Fees in 401(k) Plans
April 23, 2009 11:50 AM Hecker, InsideCounsel and Defensive Plan Building
April 17, 2009 11:03 AM Looking at Fiduciary Performance from the Vantage Point of a Plan Participant
April 14, 2009 12:20 PM Hecker and the Development of the Law on the 404(c) Defense
April 7, 2009 9:57 AM Surprisingly, the Stock Market Decline is Leading to Litigation . . .
April 6, 2009 10:32 AM Pension Fiduciaries in the Hot Seat - What to Avoid and How to React if Sued
March 31, 2009 11:39 AM How Much Information Is Enough to Decide A Breach of Fiduciary Duty Lawsuit?
March 18, 2009 10:43 AM Asking the Seventh Circuit to Revisit Hecker
February 26, 2009 1:46 PM Notes on Hecker v Deere
February 24, 2009 12:46 PM Shining a BrightScope on Heckler v. John Deere
February 11, 2009 10:11 AM Do People Who Are Told the Truth Sue?
February 2, 2009 10:48 AM Bunch v. W.R. Grace: What a Breach of Fiduciary Duty Doesn't Look Like
January 30, 2009 11:51 AM BrightScope and 401(k)s
January 15, 2009 11:49 AM The Trend Lines in ERISA Litigation
January 14, 2009 2:37 PM Itzoe and Reish on the Fee Disclosure Regulations
January 13, 2009 1:44 PM The Perfect 401(k) Plan?
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
January 5, 2009 10:13 AM Disclosure of Information: Where Securities Law and ERISA Diverge
December 29, 2008 11:19 AM More Evidence that Including Company Stock in a Retirement Plan May Not Be Worth the Litigation Risk
December 24, 2008 9:26 AM Blogging on Fixing the 401(k)
November 26, 2008 11:57 AM Back Again at the Crossroads of Securities Law and ERISA
November 24, 2008 10:40 AM A Thanksgiving Week Feast
November 11, 2008 9:36 AM You Say Securities Law, I Say ERISA
November 6, 2008 11:29 AM Revenue Sharing, Fees, Indemnity and Contribution: A Potpourri of Hot Button Issues Confronting Fiduciaries
October 29, 2008 7:31 PM Between a Rock and a Hard Place: Pity the Poor Fiduciary, Trapped Between the Securities Laws and ERISA
October 24, 2008 10:28 AM LaRue, The Postscript
October 16, 2008 11:19 AM TARP and ERISA Litigation
October 7, 2008 10:51 AM To Be or Not to Be (a Fiduciary, That Is)
September 22, 2008 10:08 AM Joshua Itzoe on Fixing the 401(k)
July 28, 2008 11:22 AM Using Up My Fifteen Seconds of Fame
July 25, 2008 11:45 AM Notes for a Friday
July 22, 2008 1:20 PM The First Circuit on ERISA Standing
July 17, 2008 12:11 PM A Middle of the Road Supreme Court?
June 2, 2008 2:11 PM Follow the Numbers: the Evolution in ERISA Law
May 29, 2008 4:17 PM There's A Public/Private Sector Distinction For a Reason
May 14, 2008 11:52 AM Millions for Defense, Billions for Damages: State Street's Exposure
May 13, 2008 3:20 PM LaRue, Auditing, and 401(k) Plans
May 8, 2008 11:48 AM Big Questions From A Small Story on a (Relatively) Small Loss
May 7, 2008 10:14 AM Excessive Fee Litigation: A Real Problem or An Imaginary One?
April 17, 2008 11:13 AM Does Employer Stock Even Belong In Retirement Plans?
April 16, 2008 9:54 AM Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
April 8, 2008 10:48 AM What LaRue Wrought
April 2, 2008 10:44 AM The Meaning of Justice Roberts' Concurrence in LaRue
March 26, 2008 10:21 AM A Blog to Pass Along, and Some Thoughts About the Supreme Court's Interest in ERISA
March 25, 2008 11:01 AM Back to the Well: Fiduciaries and Subprime Assets
March 21, 2008 11:02 AM Back From Trial, But the World Kept Spinning In the Interim
March 7, 2008 10:09 AM Want to Learn More About the Post-LaRue World?
March 5, 2008 11:22 AM Passing Along an Interesting Blog: Number One
March 4, 2008 9:40 AM More on LaRue: Lawyers USA Weighs In
March 3, 2008 10:18 AM Choice Architecture, 401(k) Plans and the Argument for Restricting Choice
February 29, 2008 2:58 PM Will LaRue Actually Lead to An Increase in Litigation?
February 27, 2008 10:28 AM Fiduciary Obligations - and Common Sense - Support Hiring Outside Expertise for 401(k) Plans
February 25, 2008 10:17 AM A Couple of Other Perspectives on LaRue
February 21, 2008 1:17 PM Interpreting LaRue
February 20, 2008 11:43 AM The Supreme Court Decides LaRue, In Probably Predictable Fashion
February 7, 2008 11:24 AM The Benefits of Relying On Investment Managers
January 30, 2008 10:22 AM LaRue is Decided . . . Well, Sort of
January 8, 2008 9:53 AM The Recent History of Subprime Litigation
January 4, 2008 12:17 PM SmartMoney on the Practicalities of Complying With ERISA
December 13, 2007 2:37 PM On Regulation of Fiduciaries and Pension Plan Vendors
December 12, 2007 9:02 AM Talkin' With Tom Gies, Counsel for the Respondents in LaRue
December 6, 2007 10:06 AM Protecting Corporate Officers from Fiduciary Exposure
November 28, 2007 9:50 AM Roundup at the LaRue Corral
November 26, 2007 4:44 PM Thoughts on the Oral Argument in LaRue v. DeWolf, Boberg
November 21, 2007 10:46 AM LaRue v DeWolff, Broberg and the Concept of Administration Risk in ERISA Plans
November 8, 2007 10:54 AM Is Subprime the New Stock Drops?
October 30, 2007 2:22 PM ERISA, Investment Strategies and the Duty to Investigate
October 16, 2007 10:12 AM Sex, Lies and 401(k) Plans?
October 10, 2007 11:18 AM Number of Suits + Questionable Practices = X
September 28, 2007 2:50 PM More on Whether Socially Conscious Investing Is a Breach of Fiduciary Duty
September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post
September 7, 2007 4:33 PM Some Thoughts on Behavioral Economics, 401(k) Plan Architecture and the Potential Liabilities of Fiduciaries
September 5, 2007 10:22 AM More Education is Always Better than Less: American Conference Institute's Upcoming Seminar on 401(k) Risks
September 4, 2007 10:46 AM 401(k) Plans and Increasing Liability Risks for Fiduciaries
August 29, 2007 11:15 AM Another View on Whether a Cashed Out 401(k) Participant Has Standing to Sue for Losses Under ERISA
August 6, 2007 10:26 AM I Got Them Low Down No Good Pension Blues
July 16, 2007 9:25 AM Why You Can Never Generalize When Considering Whether Brokers Are Plan Fiduciaries
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 25, 2007 10:38 AM Common Misperceptions and The Obligations of Plan Sponsors
June 22, 2007 8:47 AM An Evolution in Fiduciary Standards Means an Increase in Litigation Risk
June 20, 2007 8:14 PM Divestment and Fiduciary Duties
June 20, 2007 11:04 AM Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court
June 11, 2007 11:43 AM More on Amaranth and Fiduciaries' Due Diligence Obligations
June 8, 2007 10:24 AM A Thought About Litigation Against Fiduciaries For Hedge Fund Losses
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
May 17, 2007 11:11 AM Documenting the Death of Pensions
May 15, 2007 1:28 PM Pension Performance, 401(k) Plans and Breach of Fiduciary Duty Litigation
May 10, 2007 2:38 PM Behavioral Economics and a Disincentive to Retire
May 7, 2007 10:47 AM 401(k) Plans and Breach of Fiduciary Duty Lawsuits
May 2, 2007 11:30 AM Behavioral Economics, the Pension Protection Act and 401(k) Litigation
April 16, 2007 12:06 PM Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
April 13, 2007 10:01 AM Introducing Pension Governance LLC
March 21, 2007 10:11 AM Novak and the National Law Journal
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
March 7, 2007 11:43 AM Congressional Hearings on 401(k) Plan Fees and What They Mean for Plan Fiduciaries
March 2, 2007 10:55 AM What Happens When Reimbursement of Overpaid Benefits Is Equitable for Purposes of ERISA, but Nonetheless Inequitable?
February 27, 2007 11:14 AM Restitution, Anti-Alienation and ERISA
February 26, 2007 1:07 PM Fiduciary Advisors, Due Diligence, and Avoiding Fiduciary Liability
January 30, 2007 12:26 PM The Effect of the Savings Rate on 401(k) Fee and Other Retirement Benefit Litigation
January 16, 2007 11:51 AM Excessive Fees, ERISA and 401(k) Plans
December 8, 2006 11:38 AM More on 401(k) Fees and ERISA
November 28, 2006 12:42 PM 401(k) Plan Fees and Breaches of Fiduciary Duty
November 22, 2006 2:50 PM Investment Management Fees, and Contract Geeks
October 25, 2006 10:40 AM 401(k) Plans and Pensions: Are They Enough?
October 11, 2006 11:10 AM 401(k) Plans and ERISA Class Actions
October 4, 2006 9:59 AM ERISA and Retirement Benefits
August 23, 2006 9:02 AM Freddie Mac's Stock Drops, then Settles
August 10, 2006 2:40 PM Stock-Drop Suits
June 15, 2006 6:56 PM 401(k)s and ERISA

About Stephen Rosenberg

June 21, 2006 8:01 PM About Stephen Rosenberg

About This Blog

June 21, 2006 7:55 PM About This Blog

Additional Insured Clauses

December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
May 27, 2008 3:48 PM Who Let the Additional Insured Out? Who? Who?
August 7, 2006 10:04 AM Additional Insureds

Advertising Injury

January 9, 2007 10:24 AM Intellectual Property, Advertising Injury Coverages, and Licensing
December 7, 2006 1:04 PM OneBeacon and Media Professional Liability Coverage
May 10, 2006 7:46 PM Coverage for Copyright Infringement and Why You Should Buy It
April 20, 2006 2:46 PM Insuring and Litigating Design Disputes

Alternative Energy: Law, Regulation and Policy

March 5, 2010 11:55 AM A Nicely Supported Overview of Global Warming Litigation and its Impact on Insurers
February 11, 2010 11:02 AM How Will Climate Change Affect LTD Carriers?
February 26, 2008 11:46 AM A Break from LaRue: Anticipating Insurance Coverage Disputes Over Climate Change Exposures
December 5, 2007 10:28 AM Is It Just Plain Rational for Insurers to Pull Back from Coastal Markets?
September 27, 2007 3:48 PM Is Global Warming A Horror Movie Waiting to Happen for the Insurance Industry?
June 25, 2007 2:49 PM Climate Change Litigation and the Insurance Industry
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
May 30, 2007 10:02 AM Alternative Energy, Insurance and Economic Forces

Arbitration

September 1, 2010 2:00 PM An Emerging Consensus on Arbitrating Complex Commercial Disputes?
April 7, 2008 1:15 PM Legal Rights That Are Protected In Courts, May Well Be Lost In An Arbitration
November 15, 2007 10:39 AM Let My People Go, or Something Like That: Granting Parties Greater Freedom to Construct an Arbitration Regime
October 17, 2007 10:13 AM Electronic Discovery and the Calculus of Arbitration
September 6, 2007 12:34 PM More on the Question of When to Arbitrate and When to Instead Litigate
July 5, 2007 10:49 AM ERISA and Same Sex Marriage
June 21, 2007 12:21 PM Why You Should Hire a Lawyer With A Black Belt in Commercial Arbitration
May 31, 2007 9:58 AM Commercial Arbitration and the Federal Arbitration Act

Arbitration of Coverage Disputes

September 1, 2010 2:00 PM An Emerging Consensus on Arbitrating Complex Commercial Disputes?
April 7, 2008 1:15 PM Legal Rights That Are Protected In Courts, May Well Be Lost In An Arbitration
October 17, 2007 10:13 AM Electronic Discovery and the Calculus of Arbitration
September 25, 2007 10:14 AM Looking To Learn More About Commercial Arbitration?
May 31, 2007 9:58 AM Commercial Arbitration and the Federal Arbitration Act
May 22, 2007 10:12 AM Still More on the Pros and Cons of Arbitration
October 23, 2006 11:49 AM MassMutual Arbitration Award
October 17, 2006 9:37 AM More Pros and Cons of Arbitration
July 21, 2006 2:49 PM ERISA and the Defense of Marriage Act?
July 19, 2006 3:55 PM More on Arbitration
July 14, 2006 10:20 AM Coverage Arbitration Pros and Cons

Attorney Fee Awards

May 21, 2012 9:52 AM Trust But Verify: The Importance of Private Attorney Generals to Plan Governance
September 23, 2011 9:24 AM Briefing Attorneys' Fee Awards Under ERISA
June 2, 2010 8:40 AM The Future After Hardt
May 24, 2010 10:44 AM Hardt, A Unanimous Supreme Court, and the Perfect Example of Why Remand Is Enough of a Win to Support an Award of Attorneys' Fees
May 11, 2010 9:13 AM What's a Good ERISA Lawyer Worth, Anyway?
March 18, 2010 9:12 AM When Does Little Recovery Justify a Large Fee Award?
January 26, 2010 10:04 AM On Attorneys Fees and Hecker
August 11, 2009 4:23 PM It Depends on What the Meaning of the Word Prevail Is
November 24, 2008 10:40 AM A Thanksgiving Week Feast
October 24, 2008 10:28 AM LaRue, The Postscript
October 15, 2008 10:37 AM Does David Have to Pay Goliath if the Slingshot Misses Its Mark?
February 4, 2008 1:52 PM Seldom Seen: Awarding Attorney's Fees Under ERISA to a Prevailing Defendant
July 31, 2007 10:10 AM The Five Factor Test for Attorney's Fee Awards Under ERISA
October 5, 2006 11:41 AM Attorney Fee Awards in Insurance Coverage Litigation
August 25, 2006 9:41 AM Attorney Fee Awards in the First Circuit
June 8, 2006 5:20 PM How Do You Calculate a Fee Award to a Solo Practitioner?
April 10, 2006 4:06 PM Ringing the bell twice

Bad Faith Causes of Action

June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
November 9, 2007 11:09 AM Bad Faith, Sureties, Insurance Coverage, and Punitive Damages: Who Gets the Check When the Misconduct Ends?
July 24, 2007 12:03 PM Insurance Bad Faith Litigation in Massachusetts and the Other 49 States
November 27, 2006 11:48 AM Attorney's Fee Awards, and the Duty to Indemnify
September 20, 2006 11:19 AM Bad Faith Litigation: Do the Numbers Add Up?

Bad Faith Failure to Settle

June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
August 22, 2007 7:34 AM Bad Faith Failure to Settle and the Obligations of Excess Carriers
September 6, 2006 10:18 AM Bad Faith Failure to Settle? Maybe, Maybe Not.

Benefit Litigation

May 4, 2012 10:25 AM The IRS - A Safe Port in a Storm for Plan Fiduciaries (Sometimes, Anyway)
May 3, 2012 9:05 AM From Webster To Seau and the Impact of More Medical Research on Repetitive Head Trauma in Football
March 15, 2012 10:08 AM Do the 1% Have the Same Rights as the 99%?
March 8, 2012 4:18 PM A Perfect Storm, ERISA Style
February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
November 17, 2011 10:27 AM The Very Interesting Lessons of Novella
October 4, 2011 8:26 AM Denial of Benefit Claims, The Repeat Player, and Saving Money on Litigation
January 18, 2011 10:05 AM When Does Exhaustion of Administrative Remedies Really Require Exhaustion
December 23, 2010 10:39 AM Market Down? Then ERISA Lawsuits Must Be Up
December 22, 2010 11:31 AM Governmental Plans, Annuities, and the Intersection of ERISA with the Securities Laws
October 29, 2010 11:12 AM Does LaRue Alter the Rules for Class Actions?
August 9, 2010 8:50 AM An Unfortunately Timely Topic: When Severance Programs are ERISA Plans
July 7, 2010 2:52 PM Small Plans Don't Always Have Small Problems
June 25, 2010 9:02 AM Statute of Limitations and Denial of Benefit Claims
April 14, 2010 9:34 AM When Does a Flaw in an Administrative Appeal Render an Administrator's Denial of Benefits Arbitrary and Capricious?
January 19, 2010 10:58 AM Here's What the Court Will Do In Conkright v. Frommert
October 5, 2009 10:54 AM Conkright, Discretion and the Supreme Court
September 9, 2009 10:10 AM QDROs Down the Drainville?
July 28, 2009 10:17 AM Doing the QDRO Shuffle
May 13, 2009 1:44 PM Comments on First Circuit Law Post-Glenn
March 31, 2009 11:39 AM How Much Information Is Enough to Decide A Breach of Fiduciary Duty Lawsuit?
March 16, 2009 10:22 AM The Seventh Circuit Puts a Spin on Discretionary Review
February 23, 2009 11:41 AM A Pile of Things on Kennedy v. DuPont
February 6, 2009 10:41 AM Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
January 26, 2009 5:02 PM Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
January 15, 2009 11:49 AM The Trend Lines in ERISA Litigation
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
December 30, 2008 11:06 AM Adapting to Glenn in the Second Circuit
December 4, 2008 12:02 PM On the Scope of the Attorney Client Privilege In ERISA Litigation
December 3, 2008 11:45 AM Electronic Discovery and the Federal Rules
November 24, 2008 10:40 AM A Thanksgiving Week Feast
October 24, 2008 10:28 AM LaRue, The Postscript
October 15, 2008 10:37 AM Does David Have to Pay Goliath if the Slingshot Misses Its Mark?
October 8, 2008 1:57 PM Apples and Oranges: Litigation Costs and QDROs in the Same Post
September 26, 2008 11:31 AM On Backdating, ERISA, and the Possibly Unintended Consequences of the Diamond Hypothetical
August 26, 2008 12:29 PM Recent Case Law on Extra-Administrative Discovery After Glenn
July 28, 2008 11:22 AM Using Up My Fifteen Seconds of Fame
July 25, 2008 11:45 AM Notes for a Friday
July 23, 2008 3:11 PM Some More Thoughts on the Primacy of the ERISA Plan Document
July 18, 2008 12:31 PM What Effect Does MetLife v. Glenn Have on Discovery in Denial of Benefit Claims?
July 17, 2008 12:11 PM A Middle of the Road Supreme Court?
July 10, 2008 3:15 PM Promises, Promises . . .
July 7, 2008 4:21 PM On Intoxication and Accidental Death and Dismemberment Policies
June 13, 2008 2:22 PM A Brief List of Things Worth Reading
June 5, 2008 12:45 PM Two More ERISA Cases for the Supreme Court?
April 21, 2008 12:06 PM On Discovery Problems and Solutions
April 1, 2008 10:46 AM Some Quirks About QDROs
March 31, 2008 12:04 PM Choosing a Defendant in ERISA Litigation
March 26, 2008 10:21 AM A Blog to Pass Along, and Some Thoughts About the Supreme Court's Interest in ERISA
February 14, 2008 9:56 AM Alienation of ERISA Governed Benefits
January 8, 2008 9:53 AM The Recent History of Subprime Litigation
January 3, 2008 10:18 AM Two for the Price of One: An Excellent District Court Ruling Worth Reading, and More on the First Circuit's Decision in Gillis
December 20, 2007 2:47 PM The First Circuit on an Administrator's Discretion in Determining the Amount of Retirement Benefits
December 20, 2007 10:07 AM When Can You Sue an Employer for Denial of ERISA Governed Benefits?
December 3, 2007 11:21 AM More on that Grand Irony Theory
November 5, 2007 10:36 AM Suicide Exclusions Under ERISA Plans, and the Impact, If Any, of the Standard of Review
October 15, 2007 10:32 AM Simply Put, Drunk Driving Doesn't Happen By Accident
October 12, 2007 9:09 AM How an Administrator Can Lose The Right To An Offset
October 1, 2007 11:28 AM What Critics of The Standard of Review In Cases Involving Structural Conflicts of Interest Are Really Complaining About
September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post
September 12, 2007 10:26 AM The First Circuit's Road Map for Terminating Benefit Plans
August 29, 2007 11:15 AM Another View on Whether a Cashed Out 401(k) Participant Has Standing to Sue for Losses Under ERISA
August 7, 2007 12:28 PM Misrepresentations Under ERISA Plans: Is There A Cause of Action?
July 27, 2007 10:36 AM The Interrelationship of Suits for Benefits and for Breach of Fiduciary Duty Under ERISA
July 2, 2007 8:54 AM The Latest Word Out of the First Circuit on Pre-existing Conditions, Long Term Disability Benefits, and Uncertainty Over the Standard of Review
June 29, 2007 2:31 PM Time to Reset the Clocks, at Least When It Comes to Calculating Interest Awards in ERISA Cases
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
May 18, 2007 8:21 AM Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
May 7, 2007 10:47 AM 401(k) Plans and Breach of Fiduciary Duty Lawsuits
May 2, 2007 11:30 AM Behavioral Economics, the Pension Protection Act and 401(k) Litigation
May 1, 2007 10:42 AM The Interrelationship of ERISA and the ADA
April 16, 2007 12:06 PM Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
April 10, 2007 12:47 PM Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
April 2, 2007 11:24 AM Still More on Structural Conflicts of Interest
March 30, 2007 10:12 AM A Survey of All the Circuits on the Effect on the Standard of Review of Structural Conflicts of Interest
March 29, 2007 9:53 AM Current First Circuit Thinking on Structural Conflicts of Interest
March 15, 2007 3:52 PM Mike Webster to Ted Johnson: Are the NFL and the New York Times Kidding?
February 16, 2007 2:38 PM Insurance Brokers as ERISA Defendants
February 9, 2007 11:44 AM Electronic Discovery and the Amendment to Rule 26
February 7, 2007 9:58 AM ERISA, Interpleader and Qualified Domestic Relations Orders
February 2, 2007 7:49 AM The Attorney-Client Privilege, ERISA and the Administrative Record
January 26, 2007 9:03 AM More on Top Hat Plans
January 15, 2007 10:40 AM Procedural Violations in ERISA Claims Handling
January 10, 2007 3:48 PM AD&D Policies, ERISA and the Intoxicated Driver
December 18, 2006 1:29 PM The Fourth Circuit on Equitable Relief and Varity v. Howe
December 15, 2006 10:11 AM Mike Webster, the NFL and ERISA
December 5, 2006 1:10 PM Fourth Circuit Upholds an Administrator's Determination that Drunk Driving is Not an Accident
November 29, 2006 2:58 PM The Supreme Court, Abatie and Conflicts of Interest
November 14, 2006 11:24 AM Recoupments and Set Offs Under ERISA Plans
November 1, 2006 12:31 PM Employee Welfare Benefit Plans and the Small Employer
October 12, 2006 10:59 AM Preemption, Appellate Review and Plan Interpretation in the First Circuit
October 2, 2006 2:48 PM What Standard of Review Applies to a Claim That Was Never Reviewed?
September 21, 2006 3:33 PM More from the Academy on ERISA Standards of Review and the Conflicted Decision Maker
September 13, 2006 10:50 AM The Unum Provident Problem
August 21, 2006 12:01 PM Abatie, Part II
August 18, 2006 9:04 AM First vs Ninth, and Structural Conflicts of Interest in ERISA Litigation
August 15, 2006 10:27 AM Proving a Conflict of Interest in the First Circuit
August 14, 2006 3:24 PM Interpreting ERISA Plans and Insurance Policies
August 9, 2006 11:25 AM It's a bird, it's a plan . .
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them
May 3, 2006 7:29 PM The Hidden Law of ERISA: An Introduction
May 3, 2006 5:16 PM An Interesting New ERISA Decision

BP Savings Plan/DeepWater Horizon Stock Drop Litigation

June 29, 2010 9:00 AM Could the Deepwater Horizon Alter the Trajectory of ERISA Stock Drop Litigation?
June 21, 2010 12:08 PM Can the Deepwater Horizon Spill Sink the Fiduciaries of BP's 401(k) Plan as Well?

Chapter 93A/Massachusetts Insurance Bad Faith Law

June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
November 9, 2007 11:09 AM Bad Faith, Sureties, Insurance Coverage, and Punitive Damages: Who Gets the Check When the Misconduct Ends?
August 22, 2007 7:34 AM Bad Faith Failure to Settle and the Obligations of Excess Carriers
July 24, 2007 12:03 PM Insurance Bad Faith Litigation in Massachusetts and the Other 49 States

Claim

July 10, 2009 10:47 AM On Coverage for Financial Investigations, and an Echo from the Past
November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
October 31, 2007 10:23 AM I Can't Believe Its Not Butter: How Many Deductibles Apply to Claims Involving a Butter Like Substance
April 13, 2006 4:10 PM If it walks like a duck, looks like a duck, and quacks like a duck, is it a claim?

Claims Made Policies

October 18, 2010 8:46 AM Depends on What You Mean By "Related"
March 24, 2009 10:23 AM Deconstructing the Language of Insurance Policies
April 13, 2006 4:10 PM If it walks like a duck, looks like a duck, and quacks like a duck, is it a claim?

Class Actions

May 11, 2012 1:42 PM Lanfear, Home Depot and Moench
April 12, 2012 8:36 AM On the Other Hand, There May Not Be Any Structural Impediments to Breach of Fiduciary Duty Class Actions in the Sixth Circuit
April 10, 2012 11:19 AM The Dam Breaks: Tussey v. ABB
April 6, 2012 9:48 AM Structural Impediments to Breach of Fiduciary Duty Claims

Conflicts of Interest

March 15, 2012 10:08 AM Do the 1% Have the Same Rights as the 99%?
January 27, 2011 12:14 PM How Much Has MetLife v. Glenn Changed the World?
January 14, 2011 12:46 PM On Disclosure and Conflicts of Interest
March 10, 2010 11:04 AM You Say Potato, I Say Potato: Two Different Understandings of What Discretionary Review Means
September 22, 2009 10:17 AM You Say Potato, I Say Potahtoe: Structural Conflicts of Interest After Metropolitan Life
May 13, 2009 1:44 PM Comments on First Circuit Law Post-Glenn
March 16, 2009 10:22 AM The Seventh Circuit Puts a Spin on Discretionary Review
December 30, 2008 11:06 AM Adapting to Glenn in the Second Circuit
August 26, 2008 12:29 PM Recent Case Law on Extra-Administrative Discovery After Glenn
July 25, 2008 11:45 AM Notes for a Friday
July 18, 2008 12:31 PM What Effect Does MetLife v. Glenn Have on Discovery in Denial of Benefit Claims?
July 17, 2008 12:11 PM A Middle of the Road Supreme Court?
July 7, 2008 4:21 PM On Intoxication and Accidental Death and Dismemberment Policies
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
June 19, 2008 2:27 PM The Supreme Court's Ruling in MetLife v. Glenn
May 1, 2008 10:38 AM Why Structural Conflicts of Interest, Standing Alone, Are Irrelevant
April 28, 2008 10:18 AM Some Thoughts on the Oral Argument in MetLife v. Glenn
April 22, 2008 12:25 PM MetLife v Glenn in a Nutshell
January 22, 2008 10:08 AM Supreme Court to Weigh In on Structural Conflicts of Interest
January 3, 2008 10:18 AM Two for the Price of One: An Excellent District Court Ruling Worth Reading, and More on the First Circuit's Decision in Gillis
January 2, 2008 11:03 AM Will the Critics Get Their Wish? The Supreme Court Gives Some Thought to Structural Conflicts of Interest
October 1, 2007 11:28 AM What Critics of The Standard of Review In Cases Involving Structural Conflicts of Interest Are Really Complaining About
September 12, 2007 10:26 AM The First Circuit's Road Map for Terminating Benefit Plans
July 19, 2007 1:45 PM High Cost Investments, Payments to Sponsors, and the National Education Association
July 2, 2007 8:54 AM The Latest Word Out of the First Circuit on Pre-existing Conditions, Long Term Disability Benefits, and Uncertainty Over the Standard of Review
April 2, 2007 11:24 AM Still More on Structural Conflicts of Interest
March 30, 2007 10:12 AM A Survey of All the Circuits on the Effect on the Standard of Review of Structural Conflicts of Interest
March 29, 2007 9:53 AM Current First Circuit Thinking on Structural Conflicts of Interest
November 29, 2006 2:58 PM The Supreme Court, Abatie and Conflicts of Interest
September 13, 2006 10:50 AM The Unum Provident Problem
September 7, 2006 2:14 PM The Long Term Impact of Conflicted Decision Making in ERISA Litigation
August 28, 2006 11:18 AM Is More Supreme Court Review of ERISA Standards of Review in the Works?
August 21, 2006 12:01 PM Abatie, Part II
August 18, 2006 9:04 AM First vs Ninth, and Structural Conflicts of Interest in ERISA Litigation
August 15, 2006 10:27 AM Proving a Conflict of Interest in the First Circuit
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them
May 3, 2006 5:16 PM An Interesting New ERISA Decision

Contact Us

June 21, 2006 8:07 PM Contact Us

Copyright Infringement

September 24, 2009 10:24 AM A Personal Reflection on Iqbal
August 7, 2008 2:16 PM What Patry Has to Do With ERISA
July 8, 2008 3:38 PM Insurance and the World at Large
December 17, 2007 11:18 AM What the Copyright Act Teaches Us About ERISA Preemption
June 5, 2007 10:20 AM Advertising Agencies, Copyright and Dead Pitchmen
April 16, 2007 2:30 PM Architects and Copyrights - Who Holds the Rights in the Design of a Building?
January 9, 2007 10:24 AM Intellectual Property, Advertising Injury Coverages, and Licensing
October 18, 2006 10:03 AM Patent Infringement, Copyright Infringement, and the Costs of Doing Business

Coverage Counsel

November 28, 2011 12:32 PM Then and Now: Proving a Duty to Defend By Using Evidence Outside of a Complaint
October 4, 2011 8:26 AM Denial of Benefit Claims, The Repeat Player, and Saving Money on Litigation
June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
July 8, 2009 2:47 PM Do I Need a Coverage Lawyer?
October 21, 2008 4:05 PM Plain English and the Insurance Coverage Lawyer
February 19, 2008 10:02 AM Want to Learn More About the Tripartite Relationship?
January 7, 2008 10:58 AM The Three Rules of the Tripartite Relationship
March 27, 2007 10:38 AM Problems in Long Term Care Insurance and Lessons for the Rest of Us
January 24, 2007 10:34 AM The Tripartite Relationship and the Attorney Client Privilege
November 27, 2006 11:48 AM Attorney's Fee Awards, and the Duty to Indemnify
November 22, 2006 2:50 PM Investment Management Fees, and Contract Geeks
November 9, 2006 6:38 AM The Attorney-Client Privilege in Insurance Coverage and Bad Faith Lawsuits
October 27, 2006 10:10 AM Insurance Coverage Trial Exhibits
August 2, 2006 10:34 AM Coverage Lawyers, and How to Pay Them
July 27, 2006 2:21 PM Objectivity in Providing Coverage Advice
July 6, 2006 4:04 PM Insurance Coverage Counsel and the Repeat Player

Coverage for Professional Services

September 29, 2010 10:55 AM A Good Reason to Read Your Insurance Policy
January 21, 2008 11:43 AM Niche Insurance and Government Investigations
November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
June 13, 2007 2:30 PM The First Circuit on Professional Liability Insurance
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
January 4, 2007 11:46 AM Legal Malpractice and Professional Liability Policies
June 2, 2006 4:23 PM Professional Liability Coverage for Medical Billing Errors

Coverage Litigation

February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
December 14, 2011 1:52 PM Liability Seen Through a Looking Glass, or Determining Insurance Coverage After the Fact
October 4, 2011 8:26 AM Denial of Benefit Claims, The Repeat Player, and Saving Money on Litigation
July 29, 2010 12:47 PM Interesting Developments in the Insurance Coverage World
June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
March 5, 2010 11:55 AM A Nicely Supported Overview of Global Warming Litigation and its Impact on Insurers
January 27, 2010 11:03 AM Climate Change Litigation and Insurance Coverage
November 24, 2009 4:22 PM On Fiduciary Liability Insurance
May 29, 2009 10:35 AM Maniloff, Sotomayor and Insurance Coverage Law
December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
December 8, 2008 4:33 PM Intellectual Property Exclusions and Trends in Insurance Coverage Law in Massachusetts
October 21, 2008 4:05 PM Plain English and the Insurance Coverage Lawyer
April 21, 2008 12:06 PM On Discovery Problems and Solutions
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
March 12, 2008 4:02 PM A Potpourri of Interesting California Insurance Coverage Decisions
February 26, 2008 11:46 AM A Break from LaRue: Anticipating Insurance Coverage Disputes Over Climate Change Exposures
January 18, 2008 11:01 AM Insurance Coverage, Tuberculosis, and that Guy on the Plane
November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
November 9, 2007 11:09 AM Bad Faith, Sureties, Insurance Coverage, and Punitive Damages: Who Gets the Check When the Misconduct Ends?
October 31, 2007 10:23 AM I Can't Believe Its Not Butter: How Many Deductibles Apply to Claims Involving a Butter Like Substance
September 14, 2007 10:20 AM All You Need to Know About Anti-Concurrent Cause Policy Language, Hurricane Katrina and Insurance Coverage Law
August 22, 2007 7:34 AM Bad Faith Failure to Settle and the Obligations of Excess Carriers
August 14, 2007 7:13 AM The Joint Defense Privilege in Massachusetts, With a Little Insurance Thrown In For Good Measure
August 3, 2007 11:02 AM Life Insurance, Good Health, and the Reasonable Expectations Doctrine
July 3, 2007 8:23 AM Cost of Living Benefits and Disability Benefits
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 21, 2007 12:21 PM Why You Should Hire a Lawyer With A Black Belt in Commercial Arbitration
June 13, 2007 2:30 PM The First Circuit on Professional Liability Insurance
May 31, 2007 9:58 AM Commercial Arbitration and the Federal Arbitration Act
May 24, 2007 10:02 AM Massachusetts Insurance Coverage Law in a Nutshell
May 9, 2007 11:44 AM Insurance Coverage Litigation and the Elastic Concept of Ambiguity
March 1, 2007 4:54 PM Animators at Law and Sophisticated Trial Graphics
January 24, 2007 10:34 AM The Tripartite Relationship and the Attorney Client Privilege
January 12, 2007 3:03 PM Hurricane Katrina Coverage Litigation
January 3, 2007 12:16 PM Malicious Prosecution in Massachusetts
December 20, 2006 3:36 PM Ten Exciting Moments in Insurance Coverage Law, 2006
November 27, 2006 11:48 AM Attorney's Fee Awards, and the Duty to Indemnify
November 9, 2006 6:38 AM The Attorney-Client Privilege in Insurance Coverage and Bad Faith Lawsuits
October 27, 2006 10:10 AM Insurance Coverage Trial Exhibits
October 19, 2006 1:14 PM Contract Law and Insurance Coverage
October 13, 2006 10:08 AM On Suing Insurance Companies
October 10, 2006 12:07 PM Insurance Coverage and Personal Jurisdiction
October 5, 2006 11:41 AM Attorney Fee Awards in Insurance Coverage Litigation
September 8, 2006 10:30 AM Discovery of Reserves and Other Repetitive Events
August 30, 2006 1:11 PM Choice of Law in Insurance Coverage Litigation
August 15, 2006 4:12 PM Judge's Ruling In Hurricane Katrina Coverage Litigation
August 4, 2006 2:50 PM Hurricane Katrina Insurance Claims
August 2, 2006 10:34 AM Coverage Lawyers, and How to Pay Them
July 19, 2006 3:55 PM More on Arbitration
July 14, 2006 10:20 AM Coverage Arbitration Pros and Cons
July 11, 2006 11:26 AM Hurricane Katrina Coverage Litigation

Defense Costs

April 22, 2009 11:41 AM Other People's Money, Cumis Counsel and the Tripartite Relationship
February 19, 2008 10:02 AM Want to Learn More About the Tripartite Relationship?
January 7, 2008 10:58 AM The Three Rules of the Tripartite Relationship
October 3, 2007 9:35 AM We Take Requests: More on Excess Insurance
September 4, 2006 11:44 AM Insurance Policy Interpretation and ERISA Conflict of Interests
August 16, 2006 9:39 AM Reimbursement of Defense Costs
April 21, 2006 7:17 PM More on Who Should Pay for the Defense of Corporate Officers and Directors
April 17, 2006 3:45 PM Funding the Defense of Corporate Directors and Officers

Design and Architecture: Protection of Rights

April 16, 2007 2:30 PM Architects and Copyrights - Who Holds the Rights in the Design of a Building?
February 20, 2007 4:37 PM Law Reviews Are Dead, They Just Don't Know It Yet
April 20, 2006 2:46 PM Insuring and Litigating Design Disputes

Directors and Officers

February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
June 14, 2011 2:14 PM Fiduciary Liability: Risks and Insurance
February 7, 2011 11:43 AM Directors and Officers Coverage, Exclusions and the Magic Words "In Fact"
September 2, 2010 9:16 AM Doubling Down: Protecting the Director or Officer Against the Unknown and Unforeseen
July 10, 2009 10:47 AM On Coverage for Financial Investigations, and an Echo from the Past
March 24, 2009 10:23 AM Deconstructing the Language of Insurance Policies
March 12, 2008 4:02 PM A Potpourri of Interesting California Insurance Coverage Decisions
January 11, 2008 1:41 PM On Directors and Officers Insurance
March 14, 2007 3:42 PM Disgorgement, Directors and Officers Insurance and the Meaning of Loss
February 19, 2007 12:19 PM Directors and Officers Insurance, Backdating and Effective Coverage Counsel
April 21, 2006 7:17 PM More on Who Should Pay for the Defense of Corporate Officers and Directors
April 17, 2006 3:45 PM Funding the Defense of Corporate Directors and Officers

Discovery

June 15, 2010 9:29 AM The Attorney-Client Privilege in Insurance Litigation
December 3, 2008 11:45 AM Electronic Discovery and the Federal Rules
April 21, 2008 12:06 PM On Discovery Problems and Solutions
May 16, 2007 3:34 PM Insurance Bad Faith, Expert Witnesses and Privileged Communications
January 24, 2007 10:34 AM The Tripartite Relationship and the Attorney Client Privilege
November 9, 2006 6:38 AM The Attorney-Client Privilege in Insurance Coverage and Bad Faith Lawsuits
September 8, 2006 10:30 AM Discovery of Reserves and Other Repetitive Events

Duty to Defend

November 28, 2011 12:32 PM Then and Now: Proving a Duty to Defend By Using Evidence Outside of a Complaint
October 18, 2010 8:46 AM Depends on What You Mean By "Related"
September 29, 2010 10:55 AM A Good Reason to Read Your Insurance Policy
July 29, 2010 12:47 PM Interesting Developments in the Insurance Coverage World
April 22, 2009 11:41 AM Other People's Money, Cumis Counsel and the Tripartite Relationship
December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
May 19, 2008 3:38 PM On the Impact of Reservation of Rights Letters
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
February 19, 2008 10:02 AM Want to Learn More About the Tripartite Relationship?
January 18, 2008 11:01 AM Insurance Coverage, Tuberculosis, and that Guy on the Plane
January 7, 2008 10:58 AM The Three Rules of the Tripartite Relationship
October 3, 2007 9:35 AM We Take Requests: More on Excess Insurance
May 24, 2007 10:02 AM Massachusetts Insurance Coverage Law in a Nutshell
December 20, 2006 3:36 PM Ten Exciting Moments in Insurance Coverage Law, 2006
November 27, 2006 11:48 AM Attorney's Fee Awards, and the Duty to Indemnify
July 26, 2006 10:58 AM A Fine Piece of Insurance Policy Analysis

Duty to Indemnify

May 19, 2008 3:38 PM On the Impact of Reservation of Rights Letters
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
February 19, 2008 10:02 AM Want to Learn More About the Tripartite Relationship?
January 18, 2008 11:01 AM Insurance Coverage, Tuberculosis, and that Guy on the Plane
January 7, 2008 10:58 AM The Three Rules of the Tripartite Relationship
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
December 27, 2006 4:07 PM The Eleventh Most Important Insurance Coverage Decision of 2006
November 27, 2006 11:48 AM Attorney's Fee Awards, and the Duty to Indemnify

Electronic Discovery

March 29, 2010 9:00 AM What Daubert Can Teach Us About Electronic Discovery Problems
December 8, 2008 12:32 PM On Education and Repetition
December 3, 2008 11:45 AM Electronic Discovery and the Federal Rules
October 8, 2008 1:57 PM Apples and Oranges: Litigation Costs and QDROs in the Same Post
September 11, 2008 10:17 AM Electronic Discovery is . . .
April 23, 2008 3:49 PM A Few Words on the Practicalities of Electronic Discovery
April 21, 2008 12:06 PM On Discovery Problems and Solutions
January 9, 2008 10:46 AM A Handy Dandy Summary of the Law of Electronic Discovery
October 25, 2007 3:24 PM What's Good for the Goose: Should the Rules of Electronic Discovery Apply Equally to All Cases?
October 17, 2007 10:13 AM Electronic Discovery and the Calculus of Arbitration
July 30, 2007 11:00 AM Electronic Discovery and the Hearsay Rule
July 12, 2007 11:02 AM The Difference Between Email and Correspondence and Why It Matters Under the Federal Electronic Discovery Rules
July 11, 2007 10:30 AM Electronic Discovery and the Choice of State Court or Federal Court
May 11, 2007 10:21 AM Electronic Discovery and the Federal Rules
May 3, 2007 2:35 PM Electronic Discovery and Cell Phones
April 19, 2007 12:34 PM Integrating Electronic Discovery with Business Practices
March 20, 2007 11:26 AM Was it the Electronic Discovery Amendments to the Federal Rules or the Expensive Discovery Amendments?

Employee Benefit Plans

May 21, 2012 9:52 AM Trust But Verify: The Importance of Private Attorney Generals to Plan Governance
May 18, 2012 9:41 AM Plan Administrators and the Risk of Personal Liability: A Primer
May 3, 2012 9:05 AM From Webster To Seau and the Impact of More Medical Research on Repetitive Head Trauma in Football
April 10, 2012 11:19 AM The Dam Breaks: Tussey v. ABB
March 8, 2012 4:18 PM A Perfect Storm, ERISA Style
March 6, 2012 10:26 AM On ERISA and the Potential Liability of Senior Executives
January 4, 2012 9:41 AM An Entertaining Little Primer on Cash Balance Plans
July 18, 2011 11:43 AM Talking About Fees
May 4, 2011 10:15 AM Live Blogging from Bentley College . . .
October 5, 2010 10:36 AM From Studebaker to Stock Drops, in One Lawyer's Lifetime
October 4, 2010 8:27 AM On SPDs and Compliance
September 28, 2010 10:45 AM Handling the Impact on Benefit Plans of Corporate Acquisitions
August 9, 2010 8:50 AM An Unfortunately Timely Topic: When Severance Programs are ERISA Plans
February 22, 2010 10:36 AM Pozek on 403(b) Plans
October 5, 2009 10:54 AM Conkright, Discretion and the Supreme Court
April 23, 2009 11:50 AM Hecker, InsideCounsel and Defensive Plan Building
March 5, 2009 10:54 AM Blogging on the Business of Benefits
March 3, 2009 12:01 PM A Handy Guide to the Oversight of Benefit Plans by In-House Counsel
February 23, 2009 11:41 AM A Pile of Things on Kennedy v. DuPont
January 27, 2009 10:34 AM Fun With Bill and Liv
January 26, 2009 5:02 PM Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
January 15, 2009 11:49 AM The Trend Lines in ERISA Litigation
January 5, 2009 10:13 AM Disclosure of Information: Where Securities Law and ERISA Diverge
December 4, 2008 12:02 PM On the Scope of the Attorney Client Privilege In ERISA Litigation
November 24, 2008 10:40 AM A Thanksgiving Week Feast
July 23, 2008 3:11 PM Some More Thoughts on the Primacy of the ERISA Plan Document
July 22, 2008 1:20 PM The First Circuit on ERISA Standing
July 10, 2008 3:15 PM Promises, Promises . . .
September 19, 2007 2:35 PM Life Is An ERISA Carnival, Believe It or Not
September 13, 2007 10:16 AM Bowater, Preemption, the Wall Street Journal Law Blog, Massachusetts Health Care Costs, and Whatever Else Is On My Mind This Morning
September 12, 2007 10:26 AM The First Circuit's Road Map for Terminating Benefit Plans
August 7, 2007 12:28 PM Misrepresentations Under ERISA Plans: Is There A Cause of Action?
July 5, 2007 10:49 AM ERISA and Same Sex Marriage
June 28, 2007 11:00 AM Can Partners Healthcare Systems Provide Different Benefits to Different Kinds of Partners?
May 18, 2007 8:21 AM Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
April 12, 2007 11:21 AM The Supreme Court's Next Words on Fiduciary Duties and Pension Plans
March 26, 2007 9:48 AM Illusory Benefits and the Small Employer
March 15, 2007 3:52 PM Mike Webster to Ted Johnson: Are the NFL and the New York Times Kidding?
February 2, 2007 7:49 AM The Attorney-Client Privilege, ERISA and the Administrative Record
January 31, 2007 4:47 PM More on Top Hat Plans and the Alexander Decision
December 11, 2006 11:52 AM Health Savings Accounts, Summary Plan Descriptions and Other Things
November 1, 2006 12:31 PM Employee Welfare Benefit Plans and the Small Employer
August 9, 2006 11:25 AM It's a bird, it's a plan . .

Employment Practices Liability Insurance

November 28, 2011 12:32 PM Then and Now: Proving a Duty to Defend By Using Evidence Outside of a Complaint
November 4, 2008 12:20 PM Legal Services as Commodities, and the Role of Insurance in that Process
July 27, 2006 10:07 AM Employment Law and Insurance Defense

Equitable Relief

April 10, 2012 11:19 AM The Dam Breaks: Tussey v. ABB
July 6, 2011 10:06 AM Lurie on Amara By Way of BenefitsLink By Way of the Workplace Prof
June 13, 2011 2:27 PM Amara: Why Reformation Is Better Than Estoppel
May 31, 2011 9:00 AM Leave It to a Non-Lawyer to Cut Through the Fog (Or What Amara Actually Means)
May 16, 2011 2:05 PM Amara
April 19, 2011 10:25 AM What Exactly is the Investment Drag of Macaroni and Cheese?
February 6, 2009 10:41 AM Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
June 5, 2008 12:45 PM Two More ERISA Cases for the Supreme Court?
April 16, 2008 9:54 AM Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
March 13, 2008 2:01 PM More Supreme Court Interest in ERISA Remedies Cases
December 12, 2007 9:02 AM Talkin' With Tom Gies, Counsel for the Respondents in LaRue
December 3, 2007 11:21 AM More on that Grand Irony Theory
November 28, 2007 9:50 AM Roundup at the LaRue Corral
November 26, 2007 4:44 PM Thoughts on the Oral Argument in LaRue v. DeWolf, Boberg
November 26, 2007 11:16 AM Grand Irony, or Just a Need for Better Litigation Tactics: Protecting the Severely Injured Plan Participant Against Reimbursement Claims under ERISA
August 7, 2007 12:28 PM Misrepresentations Under ERISA Plans: Is There A Cause of Action?
July 27, 2007 10:36 AM The Interrelationship of Suits for Benefits and for Breach of Fiduciary Duty Under ERISA
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
March 8, 2007 12:21 PM Equitable Relief Under ERISA in the First Circuit Post-Sereboff
March 2, 2007 10:55 AM What Happens When Reimbursement of Overpaid Benefits Is Equitable for Purposes of ERISA, but Nonetheless Inequitable?
January 2, 2007 11:46 AM Sereboff in a Clever Nutshell
December 18, 2006 1:29 PM The Fourth Circuit on Equitable Relief and Varity v. Howe
May 23, 2006 3:23 PM Equitable Relief under Section 502(a)(3)

ERISA Seminars and other Resources

March 6, 2012 10:26 AM On ERISA and the Potential Liability of Senior Executives
February 28, 2012 11:57 AM Speaking of New Department of Labor Regulations . . .
September 19, 2011 8:44 AM The New York Times on BrightScope
July 18, 2011 11:43 AM Talking About Fees
June 14, 2011 2:14 PM Fiduciary Liability: Risks and Insurance
May 4, 2011 10:15 AM Live Blogging from Bentley College . . .
December 30, 2010 11:40 AM Talking About Compliance is Cheap - Taking Action On Compliance Is What Matters
October 6, 2010 12:55 PM ERISA and the 401(k) turn 30
September 24, 2010 9:18 AM Moench, the DOL and the Future of Stock Drop Litigation
February 8, 2010 12:46 PM Ten Ways to Stay Out of Trouble
December 18, 2009 10:48 AM Introducing Pozek on Pensions
November 24, 2009 4:22 PM On Fiduciary Liability Insurance
July 1, 2009 12:39 PM American Conference Institute's ERISA Litigation Conference
April 6, 2009 10:32 AM Pension Fiduciaries in the Hot Seat - What to Avoid and How to React if Sued
February 6, 2009 10:41 AM Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
January 30, 2009 11:51 AM BrightScope and 401(k)s
January 26, 2009 11:59 AM ERISA Litigation: An Update from the Front Lines
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
December 8, 2008 12:32 PM On Education and Repetition
November 24, 2008 10:40 AM A Thanksgiving Week Feast
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
April 16, 2008 9:54 AM Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
March 7, 2008 10:09 AM Want to Learn More About the Post-LaRue World?
December 19, 2007 9:18 AM Conducting an ERISA Self-Audit
September 5, 2007 10:22 AM More Education is Always Better than Less: American Conference Institute's Upcoming Seminar on 401(k) Risks
August 15, 2007 7:27 AM 20th Annual ERISA Litigation Conference
April 13, 2007 10:01 AM Introducing Pension Governance LLC
November 22, 2006 2:50 PM Investment Management Fees, and Contract Geeks
July 6, 2006 3:06 PM 19th Annual ERISA Litigation Conference

ERISA Statutory Provisions

May 11, 2012 1:42 PM Lanfear, Home Depot and Moench
March 15, 2012 10:08 AM Do the 1% Have the Same Rights as the 99%?
March 14, 2012 9:54 AM The Tin Man's Heart
February 7, 2012 9:43 AM The ERISA Decision of the Year?
August 31, 2011 10:04 AM The Lessons of Unisys
July 6, 2011 10:06 AM Lurie on Amara By Way of BenefitsLink By Way of the Workplace Prof
May 31, 2011 9:00 AM Leave It to a Non-Lawyer to Cut Through the Fog (Or What Amara Actually Means)
March 22, 2011 11:05 AM Fiduciary Definitions Change Hand in Hand with the Real World
January 26, 2011 11:54 AM Class Actions, the Diamond Hypothetical and the Seventh Circuit
December 22, 2010 11:31 AM Governmental Plans, Annuities, and the Intersection of ERISA with the Securities Laws
October 5, 2010 10:36 AM From Studebaker to Stock Drops, in One Lawyer's Lifetime
August 9, 2010 8:50 AM An Unfortunately Timely Topic: When Severance Programs are ERISA Plans
June 4, 2010 9:49 AM On Named and Functional Fiduciaries
May 11, 2010 9:13 AM What's a Good ERISA Lawyer Worth, Anyway?
April 14, 2010 9:34 AM When Does a Flaw in an Administrative Appeal Render an Administrator's Denial of Benefits Arbitrary and Capricious?
January 26, 2010 10:04 AM On Attorneys Fees and Hecker
December 17, 2009 3:52 PM A Nice Explanation of the DOL Advisory Opinion on Target-Date Funds
October 26, 2009 10:10 AM Divorce Me for My Money, Or Love, Continental Style
October 22, 2009 1:58 PM Harmon on Delegation of Fiduciary Duties in the First Circuit
October 5, 2009 10:54 AM Conkright, Discretion and the Supreme Court
September 9, 2009 10:10 AM QDROs Down the Drainville?
July 28, 2009 10:17 AM Doing the QDRO Shuffle
April 14, 2009 12:20 PM Hecker and the Development of the Law on the 404(c) Defense
March 18, 2009 10:43 AM Asking the Seventh Circuit to Revisit Hecker
February 26, 2009 1:46 PM Notes on Hecker v Deere
February 25, 2009 3:57 PM Content Wants to be Free!!!
February 24, 2009 12:46 PM Shining a BrightScope on Heckler v. John Deere
February 23, 2009 11:41 AM A Pile of Things on Kennedy v. DuPont
February 6, 2009 10:41 AM Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
January 27, 2009 10:34 AM Fun With Bill and Liv
January 26, 2009 5:02 PM Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
January 5, 2009 10:13 AM Disclosure of Information: Where Securities Law and ERISA Diverge
October 29, 2008 7:31 PM Between a Rock and a Hard Place: Pity the Poor Fiduciary, Trapped Between the Securities Laws and ERISA
October 15, 2008 10:37 AM Does David Have to Pay Goliath if the Slingshot Misses Its Mark?
October 8, 2008 1:57 PM Apples and Oranges: Litigation Costs and QDROs in the Same Post
October 7, 2008 10:51 AM To Be or Not to Be (a Fiduciary, That Is)
September 26, 2008 11:31 AM On Backdating, ERISA, and the Possibly Unintended Consequences of the Diamond Hypothetical
August 27, 2008 3:18 PM Retaliate for Seeking Benefits?
July 28, 2008 11:22 AM Using Up My Fifteen Seconds of Fame
July 22, 2008 1:20 PM The First Circuit on ERISA Standing
May 22, 2008 11:22 AM Extraterritorial Application of ERISA
April 8, 2008 10:48 AM What LaRue Wrought
March 7, 2008 10:09 AM Want to Learn More About the Post-LaRue World?
February 21, 2008 1:17 PM Interpreting LaRue
February 20, 2008 11:43 AM The Supreme Court Decides LaRue, In Probably Predictable Fashion
February 20, 2008 9:58 AM Supreme Court and Qualified Domestic Relations Orders
February 14, 2008 9:56 AM Alienation of ERISA Governed Benefits
January 24, 2008 10:17 AM Establishing Status as a Top Hat Plan in the First Circuit
December 20, 2007 2:47 PM The First Circuit on an Administrator's Discretion in Determining the Amount of Retirement Benefits
December 3, 2007 11:21 AM More on that Grand Irony Theory
November 28, 2007 9:50 AM Roundup at the LaRue Corral
November 26, 2007 4:44 PM Thoughts on the Oral Argument in LaRue v. DeWolf, Boberg
November 26, 2007 11:16 AM Grand Irony, or Just a Need for Better Litigation Tactics: Protecting the Severely Injured Plan Participant Against Reimbursement Claims under ERISA
November 21, 2007 10:46 AM LaRue v DeWolff, Broberg and the Concept of Administration Risk in ERISA Plans
November 12, 2007 11:51 AM A Primer on Fiduciary Status Under ERISA
November 8, 2007 10:54 AM Is Subprime the New Stock Drops?
August 29, 2007 11:15 AM Another View on Whether a Cashed Out 401(k) Participant Has Standing to Sue for Losses Under ERISA
August 7, 2007 12:28 PM Misrepresentations Under ERISA Plans: Is There A Cause of Action?
July 27, 2007 10:36 AM The Interrelationship of Suits for Benefits and for Breach of Fiduciary Duty Under ERISA
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 20, 2007 11:04 AM Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
May 18, 2007 8:21 AM Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
April 12, 2007 11:21 AM The Supreme Court's Next Words on Fiduciary Duties and Pension Plans
April 10, 2007 12:47 PM Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
March 26, 2007 9:48 AM Illusory Benefits and the Small Employer
March 21, 2007 10:11 AM Novak and the National Law Journal
March 8, 2007 12:21 PM Equitable Relief Under ERISA in the First Circuit Post-Sereboff
February 27, 2007 11:14 AM Restitution, Anti-Alienation and ERISA
February 7, 2007 9:58 AM ERISA, Interpleader and Qualified Domestic Relations Orders
December 4, 2006 10:15 AM Summary Plan Descriptions and Grants of Discretion
November 14, 2006 11:24 AM Recoupments and Set Offs Under ERISA Plans
November 2, 2006 11:28 AM Top Hat Plans
November 1, 2006 12:31 PM Employee Welfare Benefit Plans and the Small Employer
August 31, 2006 3:45 PM Retirement Benefits and Fiduciary Duties under ERISA
August 9, 2006 11:25 AM It's a bird, it's a plan . .
May 23, 2006 3:23 PM Equitable Relief under Section 502(a)(3)
May 9, 2006 8:02 PM Who is a Fiduciary?
May 4, 2006 4:24 PM Section 1132(c) Applies Only to the Actual Plan Adminstrator
April 7, 2006 4:30 PM De facto plan administrators

ESOP

May 18, 2012 9:41 AM Plan Administrators and the Risk of Personal Liability: A Primer
May 11, 2012 1:42 PM Lanfear, Home Depot and Moench
April 12, 2012 8:36 AM On the Other Hand, There May Not Be Any Structural Impediments to Breach of Fiduciary Duty Class Actions in the Sixth Circuit
April 6, 2012 9:48 AM Structural Impediments to Breach of Fiduciary Duty Claims

Excess Policies

February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
October 3, 2007 9:35 AM We Take Requests: More on Excess Insurance
August 22, 2007 7:34 AM Bad Faith Failure to Settle and the Obligations of Excess Carriers

Exclusions

December 14, 2011 1:52 PM Liability Seen Through a Looking Glass, or Determining Insurance Coverage After the Fact
November 28, 2011 12:32 PM Then and Now: Proving a Duty to Defend By Using Evidence Outside of a Complaint
February 7, 2011 11:43 AM Directors and Officers Coverage, Exclusions and the Magic Words "In Fact"
September 29, 2010 10:55 AM A Good Reason to Read Your Insurance Policy
January 27, 2010 11:03 AM Climate Change Litigation and Insurance Coverage
March 24, 2009 10:23 AM Deconstructing the Language of Insurance Policies
December 8, 2008 4:33 PM Intellectual Property Exclusions and Trends in Insurance Coverage Law in Massachusetts
October 21, 2008 4:05 PM Plain English and the Insurance Coverage Lawyer
September 24, 2008 11:51 AM Prior Knowledge Exclusions: An Ever Shifting Line in the Sand
April 29, 2008 9:42 AM More on the Arthur Andersen Ruling
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
February 25, 2008 10:17 AM A Couple of Other Perspectives on LaRue
November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
November 5, 2007 10:36 AM Suicide Exclusions Under ERISA Plans, and the Impact, If Any, of the Standard of Review
September 14, 2007 10:20 AM All You Need to Know About Anti-Concurrent Cause Policy Language, Hurricane Katrina and Insurance Coverage Law
July 10, 2007 1:07 PM Leased Employees, Insurance Coverage, and the Fun House Mirror
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
November 8, 2006 10:49 AM Viruses, Asbestos and Exclusions
July 21, 2006 11:56 AM Business Risk Exclusions
June 2, 2006 4:23 PM Professional Liability Coverage for Medical Billing Errors

Fiduciaries

May 21, 2012 9:52 AM Trust But Verify: The Importance of Private Attorney Generals to Plan Governance
May 18, 2012 9:41 AM Plan Administrators and the Risk of Personal Liability: A Primer
May 11, 2012 1:42 PM Lanfear, Home Depot and Moench
May 4, 2012 10:25 AM The IRS - A Safe Port in a Storm for Plan Fiduciaries (Sometimes, Anyway)
April 12, 2012 8:36 AM On the Other Hand, There May Not Be Any Structural Impediments to Breach of Fiduciary Duty Class Actions in the Sixth Circuit
April 10, 2012 11:19 AM The Dam Breaks: Tussey v. ABB
April 6, 2012 9:48 AM Structural Impediments to Breach of Fiduciary Duty Claims
March 14, 2012 9:54 AM The Tin Man's Heart
March 6, 2012 10:26 AM On ERISA and the Potential Liability of Senior Executives
March 2, 2012 1:18 PM Fiduciary Prudence? 9.5 Million Reasons to Care.
February 28, 2012 11:57 AM Speaking of New Department of Labor Regulations . . .
February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
February 7, 2012 9:43 AM The ERISA Decision of the Year?
January 9, 2012 10:06 AM What Vanity Fair Teaches About Fiduciary Obligations
October 31, 2011 8:45 AM The Devil is in the Details: Failure to Provide Forms Can Be a Fiduciary Breach
October 20, 2011 9:55 AM Citigroup, McGraw-Hill, and Moench
October 3, 2011 10:11 AM Defensive Plan Building After Loomis
September 30, 2011 9:31 AM Loomis, Hecker, Tibble and the Evolution of Excessive Fee Claims
September 1, 2011 3:37 PM Retreat From the High Water Mark: Excessive Fee Litigation After Tibble
August 31, 2011 10:04 AM The Lessons of Unisys
July 18, 2011 11:43 AM Talking About Fees
June 27, 2011 9:54 AM Owning Your Advice
June 14, 2011 2:14 PM Fiduciary Liability: Risks and Insurance
May 6, 2011 10:37 AM Extrapolating From Employer Stock Drop Cases to Other Types of Investment Losses
May 4, 2011 10:15 AM Live Blogging from Bentley College . . .
April 28, 2011 10:40 AM Playing Hot Potato With Employer Stock
April 19, 2011 10:25 AM What Exactly is the Investment Drag of Macaroni and Cheese?
March 22, 2011 11:05 AM Fiduciary Definitions Change Hand in Hand with the Real World
March 7, 2011 10:31 AM Adam and John on the Obligations of Reasonableness and the Problems with SPDs, Respectively
January 26, 2011 11:54 AM Class Actions, the Diamond Hypothetical and the Seventh Circuit
January 19, 2011 10:49 AM The Ever Evolving Risks of Fiduciaries
January 14, 2011 12:46 PM On Disclosure and Conflicts of Interest
January 11, 2011 12:35 PM Interview in Fiduciary News
December 22, 2010 11:31 AM Governmental Plans, Annuities, and the Intersection of ERISA with the Securities Laws
December 13, 2010 12:35 PM Derivatives + No Transparency = Fiduciary Breach?
November 29, 2010 4:07 PM Of Fiduciaries and Liability
November 19, 2010 9:09 AM The Lesson in the Chicago Tribune ESOP Mess
October 13, 2010 9:50 AM In the More Things Change Department . . .
October 8, 2010 8:58 AM The Ninth Circuit Adopts Moench and Why It Matters
September 24, 2010 9:18 AM Moench, the DOL and the Future of Stock Drop Litigation
September 9, 2010 8:38 AM Private Attorney Generals and ERISA
July 26, 2010 12:04 PM Pay Now and Later: High Plan Fees Pose an Increasing Risk of Fiduciary Exposure
July 16, 2010 10:51 AM Breach of Fiduciary Duty Litigation: When the Best Defense is a Good Offense
June 29, 2010 9:00 AM Could the Deepwater Horizon Alter the Trajectory of ERISA Stock Drop Litigation?
June 21, 2010 12:08 PM Can the Deepwater Horizon Spill Sink the Fiduciaries of BP's 401(k) Plan as Well?
June 4, 2010 9:49 AM On Named and Functional Fiduciaries
March 31, 2010 9:32 AM Harris, Hecker, Excessive Fees and Marketplace Discipline
March 24, 2010 9:23 AM Attorneys as Fiduciaries
March 11, 2010 9:35 AM The Fiduciary Status of Investment Advisors
March 3, 2010 10:50 AM In re Lehman
February 25, 2010 10:35 AM A Parable About the Cable Man
January 26, 2010 10:04 AM On Attorneys Fees and Hecker
December 17, 2009 3:52 PM A Nice Explanation of the DOL Advisory Opinion on Target-Date Funds
December 14, 2009 11:05 AM Marx on 401(k) Litigation
December 3, 2009 1:12 PM Three for Thursday
November 24, 2009 4:22 PM On Fiduciary Liability Insurance
November 2, 2009 12:20 PM Hecker, Fees and A Broad Public Market
October 22, 2009 1:58 PM Harmon on Delegation of Fiduciary Duties in the First Circuit
July 22, 2009 12:23 PM You Say Securities, I Say ERISA
July 21, 2009 1:20 PM Excessive Fee Litigation and the Small Plan
May 26, 2009 12:55 PM More ERISA Blogging for Those of You Who Can't Get Enough
April 23, 2009 11:50 AM Hecker, InsideCounsel and Defensive Plan Building
April 17, 2009 11:03 AM Looking at Fiduciary Performance from the Vantage Point of a Plan Participant
April 14, 2009 12:20 PM Hecker and the Development of the Law on the 404(c) Defense
April 6, 2009 10:32 AM Pension Fiduciaries in the Hot Seat - What to Avoid and How to React if Sued
March 31, 2009 11:39 AM How Much Information Is Enough to Decide A Breach of Fiduciary Duty Lawsuit?
March 18, 2009 10:43 AM Asking the Seventh Circuit to Revisit Hecker
February 26, 2009 1:46 PM Notes on Hecker v Deere
February 24, 2009 12:46 PM Shining a BrightScope on Heckler v. John Deere
February 11, 2009 10:11 AM Do People Who Are Told the Truth Sue?
February 2, 2009 10:48 AM Bunch v. W.R. Grace: What a Breach of Fiduciary Duty Doesn't Look Like
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
December 29, 2008 11:19 AM More Evidence that Including Company Stock in a Retirement Plan May Not Be Worth the Litigation Risk
December 22, 2008 11:57 AM On Fiduciary Bonds and Fiduciary Insurance
December 11, 2008 11:17 AM The Tribune Bankruptcy and Breach of Fiduciary Duty Litigation Over its ESOP
December 4, 2008 12:02 PM On the Scope of the Attorney Client Privilege In ERISA Litigation
November 26, 2008 11:57 AM Back Again at the Crossroads of Securities Law and ERISA
November 24, 2008 10:40 AM A Thanksgiving Week Feast
November 17, 2008 11:47 AM Excessive Fees in 401(k) Plans: Its What You Do, Not Who You Know, That Counts
November 11, 2008 9:36 AM You Say Securities Law, I Say ERISA
November 6, 2008 11:29 AM Revenue Sharing, Fees, Indemnity and Contribution: A Potpourri of Hot Button Issues Confronting Fiduciaries
November 3, 2008 12:47 PM The Amateur Fiduciary
October 29, 2008 7:31 PM Between a Rock and a Hard Place: Pity the Poor Fiduciary, Trapped Between the Securities Laws and ERISA
October 16, 2008 11:19 AM TARP and ERISA Litigation
October 7, 2008 10:51 AM To Be or Not to Be (a Fiduciary, That Is)
September 26, 2008 11:31 AM On Backdating, ERISA, and the Possibly Unintended Consequences of the Diamond Hypothetical
September 23, 2008 12:51 PM Fiduciary Duties: It Ain't Easy
September 22, 2008 10:08 AM Joshua Itzoe on Fixing the 401(k)
September 18, 2008 12:40 PM Does a Dying Industry Guarantee Pension Litigation?
September 16, 2008 4:26 PM ERISA, ESOP and the LA Times
September 8, 2008 12:25 PM Systemic Losses and Fiduciary Liability
July 22, 2008 1:20 PM The First Circuit on ERISA Standing
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
June 13, 2008 2:22 PM A Brief List of Things Worth Reading
June 5, 2008 12:45 PM Two More ERISA Cases for the Supreme Court?
June 2, 2008 2:11 PM Follow the Numbers: the Evolution in ERISA Law
May 14, 2008 11:52 AM Millions for Defense, Billions for Damages: State Street's Exposure
May 8, 2008 11:48 AM Big Questions From A Small Story on a (Relatively) Small Loss
May 7, 2008 10:14 AM Excessive Fee Litigation: A Real Problem or An Imaginary One?
April 17, 2008 3:16 PM Pension Estimates: Not Worth The Computer They Are Printed On
April 17, 2008 11:13 AM Does Employer Stock Even Belong In Retirement Plans?
April 16, 2008 9:54 AM Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
April 8, 2008 10:48 AM What LaRue Wrought
April 2, 2008 10:44 AM The Meaning of Justice Roberts' Concurrence in LaRue
March 25, 2008 11:01 AM Back to the Well: Fiduciaries and Subprime Assets
March 21, 2008 11:02 AM Back From Trial, But the World Kept Spinning In the Interim
March 7, 2008 10:09 AM Want to Learn More About the Post-LaRue World?
March 4, 2008 9:40 AM More on LaRue: Lawyers USA Weighs In
February 27, 2008 10:28 AM Fiduciary Obligations - and Common Sense - Support Hiring Outside Expertise for 401(k) Plans
February 25, 2008 10:17 AM A Couple of Other Perspectives on LaRue
February 21, 2008 1:17 PM Interpreting LaRue
February 20, 2008 11:43 AM The Supreme Court Decides LaRue, In Probably Predictable Fashion
February 13, 2008 10:56 AM I Want My (Pension Tension Blues) MTV
February 7, 2008 11:24 AM The Benefits of Relying On Investment Managers
January 30, 2008 10:22 AM LaRue is Decided . . . Well, Sort of
January 23, 2008 1:59 PM The Governance of Retirement Plans in the Aftermath of the Subprime Meltdown
January 17, 2008 10:28 AM Researching Pension Related Litigation
January 4, 2008 12:17 PM SmartMoney on the Practicalities of Complying With ERISA
December 13, 2007 2:37 PM On Regulation of Fiduciaries and Pension Plan Vendors
December 12, 2007 9:02 AM Talkin' With Tom Gies, Counsel for the Respondents in LaRue
December 6, 2007 10:06 AM Protecting Corporate Officers from Fiduciary Exposure
December 3, 2007 11:21 AM More on that Grand Irony Theory
November 28, 2007 9:50 AM Roundup at the LaRue Corral
November 26, 2007 4:44 PM Thoughts on the Oral Argument in LaRue v. DeWolf, Boberg
November 21, 2007 10:46 AM LaRue v DeWolff, Broberg and the Concept of Administration Risk in ERISA Plans
November 16, 2007 8:46 AM ERISA, Subprime Lending and Mortgage Meltdown
November 12, 2007 11:51 AM A Primer on Fiduciary Status Under ERISA
November 8, 2007 10:54 AM Is Subprime the New Stock Drops?
October 30, 2007 2:22 PM ERISA, Investment Strategies and the Duty to Investigate
October 26, 2007 9:31 AM Determining Fiduciary Status: And the Computer Says . . .
October 10, 2007 11:18 AM Number of Suits + Questionable Practices = X
September 28, 2007 2:50 PM More on Whether Socially Conscious Investing Is a Breach of Fiduciary Duty
September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post
September 7, 2007 4:33 PM Some Thoughts on Behavioral Economics, 401(k) Plan Architecture and the Potential Liabilities of Fiduciaries
September 5, 2007 10:22 AM More Education is Always Better than Less: American Conference Institute's Upcoming Seminar on 401(k) Risks
September 4, 2007 10:46 AM 401(k) Plans and Increasing Liability Risks for Fiduciaries
August 29, 2007 11:15 AM Another View on Whether a Cashed Out 401(k) Participant Has Standing to Sue for Losses Under ERISA
August 6, 2007 10:26 AM I Got Them Low Down No Good Pension Blues
August 2, 2007 10:23 AM Functional Fiduciaries in the First Circuit
July 27, 2007 10:36 AM The Interrelationship of Suits for Benefits and for Breach of Fiduciary Duty Under ERISA
July 19, 2007 1:45 PM High Cost Investments, Payments to Sponsors, and the National Education Association
July 16, 2007 9:25 AM Why You Can Never Generalize When Considering Whether Brokers Are Plan Fiduciaries
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 25, 2007 10:38 AM Common Misperceptions and The Obligations of Plan Sponsors
June 22, 2007 8:47 AM An Evolution in Fiduciary Standards Means an Increase in Litigation Risk
June 20, 2007 8:14 PM Divestment and Fiduciary Duties
June 19, 2007 9:51 AM Socially Responsible Investing and Fiduciary Duties
June 12, 2007 4:28 PM Further Thoughts on Beck v Pace
June 11, 2007 4:09 PM Supreme Court Rules on Beck v Pace
June 11, 2007 11:43 AM More on Amaranth and Fiduciaries' Due Diligence Obligations
June 8, 2007 10:24 AM A Thought About Litigation Against Fiduciaries For Hedge Fund Losses
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
May 15, 2007 1:28 PM Pension Performance, 401(k) Plans and Breach of Fiduciary Duty Litigation
May 7, 2007 10:47 AM 401(k) Plans and Breach of Fiduciary Duty Lawsuits
April 25, 2007 2:15 PM Beck v Pace International Union
April 16, 2007 12:06 PM Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
April 12, 2007 11:21 AM The Supreme Court's Next Words on Fiduciary Duties and Pension Plans
April 10, 2007 12:47 PM Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
March 8, 2007 12:21 PM Equitable Relief Under ERISA in the First Circuit Post-Sereboff
March 7, 2007 11:43 AM Congressional Hearings on 401(k) Plan Fees and What They Mean for Plan Fiduciaries
March 2, 2007 10:55 AM What Happens When Reimbursement of Overpaid Benefits Is Equitable for Purposes of ERISA, but Nonetheless Inequitable?
February 26, 2007 1:07 PM Fiduciary Advisors, Due Diligence, and Avoiding Fiduciary Liability
February 20, 2007 10:21 AM When Is a Plan Administrator a Fiduciary?
February 16, 2007 2:38 PM Insurance Brokers as ERISA Defendants
February 2, 2007 7:49 AM The Attorney-Client Privilege, ERISA and the Administrative Record
January 30, 2007 12:26 PM The Effect of the Savings Rate on 401(k) Fee and Other Retirement Benefit Litigation
January 22, 2007 10:25 AM Supreme Court to Review Fiduciary Duties of Administrators
January 16, 2007 11:51 AM Excessive Fees, ERISA and 401(k) Plans
December 11, 2006 11:52 AM Health Savings Accounts, Summary Plan Descriptions and Other Things
December 8, 2006 11:38 AM More on 401(k) Fees and ERISA
November 28, 2006 12:42 PM 401(k) Plan Fees and Breaches of Fiduciary Duty
November 22, 2006 2:50 PM Investment Management Fees, and Contract Geeks
November 14, 2006 11:24 AM Recoupments and Set Offs Under ERISA Plans
October 11, 2006 11:10 AM 401(k) Plans and ERISA Class Actions
June 15, 2006 6:56 PM 401(k)s and ERISA
May 23, 2006 3:23 PM Equitable Relief under Section 502(a)(3)
May 9, 2006 8:02 PM Who is a Fiduciary?

Fire Insurance

July 26, 2006 10:58 AM A Fine Piece of Insurance Policy Analysis

Health Insurance

April 12, 2010 3:41 PM An Employer's Guide to Health Reform
February 25, 2010 10:35 AM A Parable About the Cable Man
October 13, 2009 12:32 PM Preemption, the Supreme Court, and Job Losses
September 16, 2009 10:03 AM What Goes Up Just Keeps Going Up - Health Costs and Employer Mandates
June 25, 2009 10:07 AM On Preemption of Pay or Play Acts and the Supreme Court
June 5, 2009 10:54 AM The Massachusetts Health Care Reform Act as a National Model . . .
May 28, 2009 1:41 PM The Massachusetts Health Care Reform Act: Demonstrating that ERISA Preemption is Health Care Reform's Best Friend
May 1, 2009 11:33 AM The Supreme Court, Suffolk Superior Court and Ed Zelinsky, All Commenting on the Breadth of ERISA Preemption
February 3, 2009 11:20 AM Some Notes on Fair Share Acts and the Economics of Health Insurance
October 6, 2008 10:21 AM A Random Walk Through the Ninth Circuit's Preemption Ruling
September 10, 2008 3:48 PM Is ERISA Preemption Coming to the Massachusetts Health Care Reform Act?
September 9, 2008 11:11 AM Massachusetts' Pay or Play Act: The Triumph of Hope Over Experience?
July 15, 2008 10:32 AM Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
March 27, 2008 11:53 AM The Hard Headed Business Case for ERISA Preemption of State Health Insurance Mandates
March 26, 2008 10:21 AM A Blog to Pass Along, and Some Thoughts About the Supreme Court's Interest in ERISA
March 12, 2008 4:02 PM A Potpourri of Interesting California Insurance Coverage Decisions
February 6, 2008 10:27 AM Money Talks, Even About the Massachusetts Health Care Reform Act
February 5, 2008 10:15 AM The Massachusetts Health Care Reform Act as Evidence of the Need for Preemption
January 28, 2008 12:15 PM And Still Another View on Preemption and the Massachusetts Health Care Reform Act
January 28, 2008 9:32 AM Someone Else's Thoughts On Preemption and the Massachusetts Health Care Reform Act
January 25, 2008 9:25 AM The Lessons of the Massachusetts Health Care Reform Act's $400 Million Shortfall
January 10, 2008 10:02 AM The Ninth Circuit on the San Francisco Health Insurance Mandate Ordinance
December 28, 2007 11:51 AM ERISA Preempts Another One: Striking Down the San Francisco Ordinance
December 18, 2007 10:34 AM California, Fair Share Acts and Preemption: Have We Learned Anything At All?
December 7, 2007 10:22 AM State Mandates and Health Insurance Pricing
November 19, 2007 2:58 PM High Health Care Costs and the Impact on Fair Share Acts
November 14, 2007 10:43 AM Pay or Play Acts: There's No Free Lunch
October 24, 2007 9:55 AM One View on What's Wrong With the Massachusetts Health Care Reform Act
October 23, 2007 11:14 AM Preemption of Fair Share Acts: Did the Maryland Legislature Manage to Set The Whole Issue Back a Thousand Years?
October 5, 2007 9:57 AM One Proposal for Enacting Fair Share Legislation While Simultaneously Avoiding ERISA Preemption
September 18, 2007 4:24 PM Some Interesting Papers on the Issue of State Health Reform Mandates
September 13, 2007 10:16 AM Bowater, Preemption, the Wall Street Journal Law Blog, Massachusetts Health Care Costs, and Whatever Else Is On My Mind This Morning
September 11, 2007 11:24 AM Why Health Care Inflation Numbers Justify ERISA Preemption of State Health Care Reform Legislation
August 30, 2007 10:36 AM More on Preemption and Health Care Reform in California
August 27, 2007 4:14 PM California, Health Insurance and ERISA Preemption
July 13, 2007 3:05 PM More Thoughts on Whether the Massachusetts Health Care Reform Act is Preempted
July 5, 2007 10:49 AM ERISA and Same Sex Marriage
June 18, 2007 11:28 AM The Massachusetts Health Care Reform Act and the Purposes of Preemption
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
April 18, 2007 11:49 AM Preemption and Health Insurance Benefits
February 15, 2007 10:06 AM The Idea of Single Payer Health Insurance
December 13, 2006 1:24 PM The Blue Cross Blue Shield Law Department
August 17, 2006 12:27 PM Health Insurance without the Insurance?
July 31, 2006 9:22 AM Fielder's Tentacles
July 20, 2006 9:58 AM Wal-Mart, Maryland and the Fair Share Act
July 18, 2006 2:37 PM Part D, Medicare and Economic Distortions

Homeowners Insurance

January 18, 2008 11:01 AM Insurance Coverage, Tuberculosis, and that Guy on the Plane
December 5, 2007 10:28 AM Is It Just Plain Rational for Insurers to Pull Back from Coastal Markets?
September 14, 2007 10:20 AM All You Need to Know About Anti-Concurrent Cause Policy Language, Hurricane Katrina and Insurance Coverage Law
May 10, 2007 10:58 AM Risk Transfer, Major League Baseball and Insurance
April 30, 2007 2:37 PM Waterfront Property and the Costs of Homeowners Insurance
January 12, 2007 3:03 PM Hurricane Katrina Coverage Litigation
September 29, 2006 10:21 AM Hurricanes and Homeowners Insurance
September 11, 2006 2:02 PM Coastal Homeowners Insurance - Distorting the Market or a FAIR Complaint?
August 24, 2006 9:09 AM Hurricane Katrina Insurance Coverage and the Insurance Industry
August 4, 2006 2:50 PM Hurricane Katrina Insurance Claims
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them

Incorrect Coverage Determinations As Bad Faith

May 17, 2006 3:57 PM A Reasonable But Erroneous Coverage Determination is Not Bad Faith

Industry News

February 16, 2011 10:53 AM Book Review of "General Liability Insurance Coverage: Key Issues in Every State"
December 30, 2010 1:37 PM Drum Roll Please . . . The Top Ten Insurance Coverage Decisions of 2010
February 11, 2010 11:02 AM How Will Climate Change Affect LTD Carriers?
January 27, 2010 11:03 AM Climate Change Litigation and Insurance Coverage
May 20, 2009 12:27 PM Thoughts on Costs and Fees in 401(k) Plans
May 18, 2009 3:17 PM Corporate Insurance Programs: Thinking Critically Before You Buy
December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
July 8, 2008 3:38 PM Insurance and the World at Large
February 26, 2008 11:46 AM A Break from LaRue: Anticipating Insurance Coverage Disputes Over Climate Change Exposures
January 21, 2008 11:43 AM Niche Insurance and Government Investigations
December 5, 2007 10:28 AM Is It Just Plain Rational for Insurers to Pull Back from Coastal Markets?
November 30, 2007 9:27 AM Dickie Scruggs
November 1, 2007 10:23 AM Robert Kingsley, Insurance Industry Oracle
September 27, 2007 3:48 PM Is Global Warming A Horror Movie Waiting to Happen for the Insurance Industry?
September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post
September 21, 2007 10:16 AM Should Credit Scoring Be Used to Set Auto Insurance Rates?
September 11, 2007 11:24 AM Why Health Care Inflation Numbers Justify ERISA Preemption of State Health Care Reform Legislation
June 19, 2007 2:33 PM On Blogging and Canadian Insurance Coverage Law
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
May 30, 2007 10:02 AM Alternative Energy, Insurance and Economic Forces
May 23, 2007 10:19 AM The Operations of Third Party Administrators
May 10, 2007 10:58 AM Risk Transfer, Major League Baseball and Insurance
April 4, 2007 9:38 AM Unfunded Pensions and Green Mountain Captives
March 27, 2007 10:38 AM Problems in Long Term Care Insurance and Lessons for the Rest of Us
February 13, 2007 11:07 AM Cyberinsurance
February 5, 2007 9:48 AM Robert Kingsley on Insurance Industry Consolidation, and the Pros and Cons of Hiring Lawyers
January 29, 2007 3:17 PM Improving the Insurer Insured Relationship
December 12, 2006 10:47 AM Deja Vu All Over Again All Over Again
November 20, 2006 10:17 AM Insolvency Funds and Why the Rich Should Know Better
November 16, 2006 2:03 PM Underwriting, Math and the Future of Insurance
November 3, 2006 10:26 AM Insurance Fraud and Securities Litigation
October 30, 2006 12:08 PM Claims Adjusters: Long Hours but No Overtime

Insurance Coverage Trials

November 20, 2009 1:33 PM Two Farmers Walk Into a Trial . . . .
March 10, 2008 3:56 PM Gone Fishing - Not Really
August 14, 2007 7:13 AM The Joint Defense Privilege in Massachusetts, With a Little Insurance Thrown In For Good Measure
June 27, 2007 10:41 AM At the Crossroads of Trade Dress Infringement, Restaurants and Insurance Coverage
March 1, 2007 4:54 PM Animators at Law and Sophisticated Trial Graphics
November 9, 2006 6:38 AM The Attorney-Client Privilege in Insurance Coverage and Bad Faith Lawsuits
October 27, 2006 10:10 AM Insurance Coverage Trial Exhibits

Intellectual Property Litigation

September 24, 2009 10:24 AM A Personal Reflection on Iqbal
July 15, 2009 4:28 PM On the Patentability of Computer-Generated Inventions
June 29, 2009 11:10 AM If Wishes Were Horses - Or Patents - Or Something Like That
June 19, 2009 9:58 AM The Impact of Automated Inventing on Patent Law - Round 2
August 7, 2008 2:16 PM What Patry Has to Do With ERISA
July 8, 2008 3:38 PM Insurance and the World at Large
December 11, 2007 10:03 AM Controlling Costs in Patent Infringement Litigation
October 19, 2007 8:10 AM Where Patent Law Stands Today
October 2, 2007 12:02 PM Is This The End For Patenting ERISA Strategies?
August 28, 2007 10:49 AM But I Digress: Robert Plotkin on Patent Applications and Changes at the PTO
July 20, 2007 10:59 AM Patent Infringement Cases Never Go To Trial, Yet Somehow Cost Billions of Dollars
July 6, 2007 10:40 AM The Case for More Patent Infringement Litigation
June 27, 2007 10:41 AM At the Crossroads of Trade Dress Infringement, Restaurants and Insurance Coverage
June 7, 2007 11:07 AM Patenting Tax and ERISA Strategies
May 21, 2007 9:25 AM KSR, Patent Infringement and Obviousness
April 23, 2007 4:16 AM Patent Infringement Trial
April 16, 2007 2:30 PM Architects and Copyrights - Who Holds the Rights in the Design of a Building?
March 1, 2007 4:54 PM Animators at Law and Sophisticated Trial Graphics
February 20, 2007 4:37 PM Law Reviews Are Dead, They Just Don't Know It Yet
January 9, 2007 10:24 AM Intellectual Property, Advertising Injury Coverages, and Licensing
October 27, 2006 10:10 AM Insurance Coverage Trial Exhibits
October 18, 2006 10:03 AM Patent Infringement, Copyright Infringement, and the Costs of Doing Business
May 10, 2006 7:46 PM Coverage for Copyright Infringement and Why You Should Buy It
April 20, 2006 2:46 PM Insuring and Litigating Design Disputes

Interviews

December 12, 2007 9:02 AM Talkin' With Tom Gies, Counsel for the Respondents in LaRue
November 1, 2007 10:23 AM Robert Kingsley, Insurance Industry Oracle
August 17, 2007 7:56 AM Latest Events at the Anne B. Kingsley Ovarian Cancer Foundation
February 23, 2007 4:24 PM Anne B. Kingsley Ovarian Cancer Foundation
February 5, 2007 9:48 AM Robert Kingsley on Insurance Industry Consolidation, and the Pros and Cons of Hiring Lawyers

Known Loss Doctrine

November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them

Legal Info

January 30, 2006 10:16 PM Disclaimer
January 30, 2006 10:12 PM Privacy Policy

Long Term Disability Benefits

May 3, 2012 9:05 AM From Webster To Seau and the Impact of More Medical Research on Repetitive Head Trauma in Football
April 14, 2010 9:34 AM When Does a Flaw in an Administrative Appeal Render an Administrator's Denial of Benefits Arbitrary and Capricious?
March 10, 2010 11:04 AM You Say Potato, I Say Potato: Two Different Understandings of What Discretionary Review Means
February 11, 2010 11:02 AM How Will Climate Change Affect LTD Carriers?
February 2, 2010 12:10 PM Disability Insurers, False Claims and Social Security Benefits
May 13, 2009 1:44 PM Comments on First Circuit Law Post-Glenn
April 9, 2009 11:54 AM LTD Litigation: What the Right Hand Takes, the Left Hand Gives Back
March 16, 2009 10:22 AM The Seventh Circuit Puts a Spin on Discretionary Review
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
December 30, 2008 11:06 AM Adapting to Glenn in the Second Circuit
December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
June 13, 2008 2:22 PM A Brief List of Things Worth Reading
February 1, 2008 9:38 AM And in Super Bowl News . . .
January 16, 2008 9:32 AM And in NFL News . . .
January 15, 2008 9:51 AM The Meaning of Arbitrary and Capricious Review
December 20, 2007 10:07 AM When Can You Sue an Employer for Denial of ERISA Governed Benefits?
October 12, 2007 9:09 AM How an Administrator Can Lose The Right To An Offset
October 1, 2007 11:28 AM What Critics of The Standard of Review In Cases Involving Structural Conflicts of Interest Are Really Complaining About
August 20, 2007 7:06 AM When Does Plan Language Mandate De Novo Review?
July 3, 2007 8:23 AM Cost of Living Benefits and Disability Benefits
July 2, 2007 8:54 AM The Latest Word Out of the First Circuit on Pre-existing Conditions, Long Term Disability Benefits, and Uncertainty Over the Standard of Review
May 18, 2007 8:21 AM Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
May 1, 2007 10:42 AM The Interrelationship of ERISA and the ADA
April 2, 2007 11:24 AM Still More on Structural Conflicts of Interest
March 30, 2007 10:12 AM A Survey of All the Circuits on the Effect on the Standard of Review of Structural Conflicts of Interest
March 29, 2007 9:53 AM Current First Circuit Thinking on Structural Conflicts of Interest
March 15, 2007 3:52 PM Mike Webster to Ted Johnson: Are the NFL and the New York Times Kidding?
February 16, 2007 2:38 PM Insurance Brokers as ERISA Defendants
December 15, 2006 10:11 AM Mike Webster, the NFL and ERISA
November 29, 2006 2:58 PM The Supreme Court, Abatie and Conflicts of Interest
November 1, 2006 12:31 PM Employee Welfare Benefit Plans and the Small Employer
September 13, 2006 10:50 AM The Unum Provident Problem
August 14, 2006 3:24 PM Interpreting ERISA Plans and Insurance Policies
August 1, 2006 12:23 PM Long Term Disabilty Benefits, Human Behavior and Standards of Review

Massachusetts Health Care Reform Act

April 12, 2010 3:41 PM An Employer's Guide to Health Reform
February 25, 2010 10:35 AM A Parable About the Cable Man
October 13, 2009 12:32 PM Preemption, the Supreme Court, and Job Losses
September 16, 2009 10:03 AM What Goes Up Just Keeps Going Up - Health Costs and Employer Mandates
June 25, 2009 10:07 AM On Preemption of Pay or Play Acts and the Supreme Court
June 5, 2009 10:54 AM The Massachusetts Health Care Reform Act as a National Model . . .
May 28, 2009 1:41 PM The Massachusetts Health Care Reform Act: Demonstrating that ERISA Preemption is Health Care Reform's Best Friend
May 11, 2009 10:39 AM Hmm, Maybe I was Right?
May 1, 2009 11:33 AM The Supreme Court, Suffolk Superior Court and Ed Zelinsky, All Commenting on the Breadth of ERISA Preemption
February 3, 2009 11:20 AM Some Notes on Fair Share Acts and the Economics of Health Insurance
October 6, 2008 10:21 AM A Random Walk Through the Ninth Circuit's Preemption Ruling
September 10, 2008 3:48 PM Is ERISA Preemption Coming to the Massachusetts Health Care Reform Act?
September 9, 2008 11:11 AM Massachusetts' Pay or Play Act: The Triumph of Hope Over Experience?
July 15, 2008 10:32 AM Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
March 21, 2008 11:02 AM Back From Trial, But the World Kept Spinning In the Interim
February 6, 2008 10:27 AM Money Talks, Even About the Massachusetts Health Care Reform Act
February 5, 2008 10:15 AM The Massachusetts Health Care Reform Act as Evidence of the Need for Preemption
January 28, 2008 12:15 PM And Still Another View on Preemption and the Massachusetts Health Care Reform Act
January 28, 2008 9:32 AM Someone Else's Thoughts On Preemption and the Massachusetts Health Care Reform Act
January 25, 2008 9:25 AM The Lessons of the Massachusetts Health Care Reform Act's $400 Million Shortfall
December 18, 2007 10:34 AM California, Fair Share Acts and Preemption: Have We Learned Anything At All?
December 7, 2007 10:22 AM State Mandates and Health Insurance Pricing
November 19, 2007 2:58 PM High Health Care Costs and the Impact on Fair Share Acts
November 14, 2007 10:43 AM Pay or Play Acts: There's No Free Lunch
November 2, 2007 9:29 AM Why Preemption?
October 24, 2007 9:55 AM One View on What's Wrong With the Massachusetts Health Care Reform Act
October 23, 2007 11:14 AM Preemption of Fair Share Acts: Did the Maryland Legislature Manage to Set The Whole Issue Back a Thousand Years?
October 19, 2007 3:06 PM Complying with the Massachusetts Health Care Reform Act
October 5, 2007 9:57 AM One Proposal for Enacting Fair Share Legislation While Simultaneously Avoiding ERISA Preemption
September 18, 2007 4:24 PM Some Interesting Papers on the Issue of State Health Reform Mandates
September 13, 2007 10:16 AM Bowater, Preemption, the Wall Street Journal Law Blog, Massachusetts Health Care Costs, and Whatever Else Is On My Mind This Morning
September 11, 2007 11:24 AM Why Health Care Inflation Numbers Justify ERISA Preemption of State Health Care Reform Legislation
August 30, 2007 10:36 AM More on Preemption and Health Care Reform in California
August 27, 2007 4:14 PM California, Health Insurance and ERISA Preemption
July 25, 2007 3:04 PM Patricia McGovern, the Beth Israel Deaconess Medical Center and the Massachusetts Health Care Reform Act
July 23, 2007 11:49 AM Another Local Health Care Initiative Preempted, and What It Foretells for the Massachusetts Health Care Reform Act
July 13, 2007 3:05 PM More Thoughts on Whether the Massachusetts Health Care Reform Act is Preempted
June 18, 2007 11:28 AM The Massachusetts Health Care Reform Act and the Purposes of Preemption

Medicaid

October 5, 2007 9:57 AM One Proposal for Enacting Fair Share Legislation While Simultaneously Avoiding ERISA Preemption
July 20, 2006 9:58 AM Wal-Mart, Maryland and the Fair Share Act
July 18, 2006 2:37 PM Part D, Medicare and Economic Distortions

Medicare

December 27, 2007 10:25 AM Age Discrimination, or a Rational Response to Economic Factors?
July 18, 2006 2:37 PM Part D, Medicare and Economic Distortions

Medicare Part D

July 25, 2006 10:07 AM Part D and Profits, a Prediction Rings True
July 18, 2006 2:37 PM Part D, Medicare and Economic Distortions

Misrepresentations in Insurance Applications

November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
June 4, 2007 11:11 AM Misrepresentations and Voiding Insurance Policies: What is the Effect of Silence?
March 6, 2007 11:24 AM The Duty to Disclose Possible Exposures When Applying for Insurance Policies
August 22, 2006 9:19 AM Voiding Policies for Misrepresentations
June 7, 2006 4:53 PM What if Both the Insurer and the Insured Cause a Misrepresentation in an Insurance Application?

New York Insurance Bad Faith Law

June 21, 2006 9:04 PM New York Bad Faith Law

Notice

November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
June 27, 2007 10:41 AM At the Crossroads of Trade Dress Infringement, Restaurants and Insurance Coverage

Patent Infringement

July 15, 2009 4:28 PM On the Patentability of Computer-Generated Inventions
June 19, 2009 9:58 AM The Impact of Automated Inventing on Patent Law - Round 2
June 12, 2009 10:30 AM How Computer-Automated Inventing is Revolutionizing Law and Business
August 7, 2008 2:16 PM What Patry Has to Do With ERISA
July 8, 2008 3:38 PM Insurance and the World at Large
December 11, 2007 10:03 AM Controlling Costs in Patent Infringement Litigation
October 19, 2007 8:10 AM Where Patent Law Stands Today
October 2, 2007 12:02 PM Is This The End For Patenting ERISA Strategies?
September 24, 2007 10:30 AM Does KSR Mean Patent Reform Isn't Needed?
August 28, 2007 10:49 AM But I Digress: Robert Plotkin on Patent Applications and Changes at the PTO
July 20, 2007 10:59 AM Patent Infringement Cases Never Go To Trial, Yet Somehow Cost Billions of Dollars
July 6, 2007 10:40 AM The Case for More Patent Infringement Litigation
June 7, 2007 11:07 AM Patenting Tax and ERISA Strategies
May 21, 2007 9:25 AM KSR, Patent Infringement and Obviousness
April 23, 2007 4:16 AM Patent Infringement Trial
April 3, 2007 1:01 PM Why Hire Coverage Counsel?
January 9, 2007 10:24 AM Intellectual Property, Advertising Injury Coverages, and Licensing
October 27, 2006 10:10 AM Insurance Coverage Trial Exhibits
October 18, 2006 10:03 AM Patent Infringement, Copyright Infringement, and the Costs of Doing Business

Pensions

April 2, 2012 10:00 AM Pricey Investments, Poor Outcomes
March 8, 2012 4:18 PM A Perfect Storm, ERISA Style
November 17, 2011 10:27 AM The Very Interesting Lessons of Novella
October 11, 2011 10:27 AM Zen and the Art of Pension Plan Maintenance
December 23, 2010 9:41 AM Looking Under the Hood at Public Pension Obligations Isn't Pretty
March 9, 2010 10:03 AM On the Ticking Time Bomb of Public Pension Plans
January 19, 2010 10:58 AM Here's What the Court Will Do In Conkright v. Frommert
December 14, 2009 11:05 AM Marx on 401(k) Litigation
November 24, 2009 4:22 PM On Fiduciary Liability Insurance
November 5, 2009 10:49 AM The Case of the Billion Dollar Typo
October 26, 2009 10:10 AM Divorce Me for My Money, Or Love, Continental Style
October 5, 2009 10:54 AM Conkright, Discretion and the Supreme Court
September 9, 2009 10:10 AM QDROs Down the Drainville?
April 6, 2009 10:32 AM Pension Fiduciaries in the Hot Seat - What to Avoid and How to React if Sued
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
November 25, 2008 10:29 AM GM and the Viability of Pension Plans
November 19, 2008 10:38 AM The Longer Term Impact of the Last Several Weeks on Pension Plans
November 3, 2008 12:47 PM The Amateur Fiduciary
October 16, 2008 11:19 AM TARP and ERISA Litigation
September 22, 2008 10:08 AM Joshua Itzoe on Fixing the 401(k)
August 5, 2008 5:13 PM The End of the Pre-History of Retirement
June 2, 2008 2:11 PM Follow the Numbers: the Evolution in ERISA Law
May 29, 2008 4:17 PM There's A Public/Private Sector Distinction For a Reason
May 21, 2008 12:57 PM Actuarial Assumptions and Problem Pensions
May 14, 2008 11:52 AM Millions for Defense, Billions for Damages: State Street's Exposure
May 8, 2008 11:48 AM Big Questions From A Small Story on a (Relatively) Small Loss
April 17, 2008 3:16 PM Pension Estimates: Not Worth The Computer They Are Printed On
April 17, 2008 11:13 AM Does Employer Stock Even Belong In Retirement Plans?
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
March 26, 2008 10:21 AM A Blog to Pass Along, and Some Thoughts About the Supreme Court's Interest in ERISA
March 25, 2008 11:01 AM Back to the Well: Fiduciaries and Subprime Assets
February 20, 2008 9:58 AM Supreme Court and Qualified Domestic Relations Orders
February 14, 2008 9:56 AM Alienation of ERISA Governed Benefits
February 13, 2008 10:56 AM I Want My (Pension Tension Blues) MTV
January 23, 2008 1:59 PM The Governance of Retirement Plans in the Aftermath of the Subprime Meltdown
January 17, 2008 10:28 AM Researching Pension Related Litigation
January 8, 2008 9:53 AM The Recent History of Subprime Litigation
December 20, 2007 2:47 PM The First Circuit on an Administrator's Discretion in Determining the Amount of Retirement Benefits
December 13, 2007 2:37 PM On Regulation of Fiduciaries and Pension Plan Vendors
December 6, 2007 10:06 AM Protecting Corporate Officers from Fiduciary Exposure
December 4, 2007 11:37 AM Looking Under the Hood of Pension Plan Investments
November 30, 2007 12:48 PM Why ERISA?
November 8, 2007 10:54 AM Is Subprime the New Stock Drops?
October 30, 2007 2:22 PM ERISA, Investment Strategies and the Duty to Investigate
October 10, 2007 11:18 AM Number of Suits + Questionable Practices = X
September 28, 2007 2:50 PM More on Whether Socially Conscious Investing Is a Breach of Fiduciary Duty
September 7, 2007 12:13 PM Would Increasing Taxes on Hedge Fund Managers Harm Pension Plans?
September 4, 2007 10:46 AM 401(k) Plans and Increasing Liability Risks for Fiduciaries
August 6, 2007 10:26 AM I Got Them Low Down No Good Pension Blues
July 16, 2007 9:25 AM Why You Can Never Generalize When Considering Whether Brokers Are Plan Fiduciaries
June 25, 2007 10:38 AM Common Misperceptions and The Obligations of Plan Sponsors
June 20, 2007 8:14 PM Divestment and Fiduciary Duties
June 20, 2007 11:04 AM Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court
June 12, 2007 4:28 PM Further Thoughts on Beck v Pace
June 11, 2007 4:09 PM Supreme Court Rules on Beck v Pace
June 11, 2007 11:43 AM More on Amaranth and Fiduciaries' Due Diligence Obligations
June 8, 2007 10:24 AM A Thought About Litigation Against Fiduciaries For Hedge Fund Losses
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 17, 2007 11:11 AM Documenting the Death of Pensions
May 15, 2007 1:28 PM Pension Performance, 401(k) Plans and Breach of Fiduciary Duty Litigation
May 14, 2007 10:09 AM Blogging on the Pension Protection Act
May 10, 2007 2:38 PM Behavioral Economics and a Disincentive to Retire
May 2, 2007 11:30 AM Behavioral Economics, the Pension Protection Act and 401(k) Litigation
April 25, 2007 2:15 PM Beck v Pace International Union
April 16, 2007 12:06 PM Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
April 13, 2007 10:01 AM Introducing Pension Governance LLC
April 12, 2007 11:21 AM The Supreme Court's Next Words on Fiduciary Duties and Pension Plans
April 10, 2007 12:47 PM Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
April 4, 2007 9:38 AM Unfunded Pensions and Green Mountain Captives
March 26, 2007 9:48 AM Illusory Benefits and the Small Employer
March 21, 2007 10:11 AM Novak and the National Law Journal
March 15, 2007 3:52 PM Mike Webster to Ted Johnson: Are the NFL and the New York Times Kidding?
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
March 2, 2007 10:55 AM What Happens When Reimbursement of Overpaid Benefits Is Equitable for Purposes of ERISA, but Nonetheless Inequitable?
February 27, 2007 11:14 AM Restitution, Anti-Alienation and ERISA
February 26, 2007 1:07 PM Fiduciary Advisors, Due Diligence, and Avoiding Fiduciary Liability
October 4, 2006 9:59 AM ERISA and Retirement Benefits
September 27, 2006 2:10 PM Investment Advisor Insurance
August 8, 2006 2:40 PM Pension Reform

People are Talking . . .

November 15, 2011 9:53 AM Once Again, a LexisNexis Top Law Blog
January 11, 2011 12:35 PM Interview in Fiduciary News
June 23, 2010 11:08 AM The Envelope, Please . . .
March 24, 2010 9:23 AM Attorneys as Fiduciaries
March 19, 2010 9:20 AM Fees, Me and BrightScope
December 3, 2009 1:12 PM Three for Thursday
November 23, 2009 12:26 PM Me and My Blog
June 18, 2009 2:44 PM Commenting on Commenting
September 15, 2008 11:58 AM A Top 50 Blog? I Always Thought So
March 10, 2008 3:56 PM Gone Fishing - Not Really
March 5, 2008 11:22 AM Passing Along an Interesting Blog: Number One
January 23, 2008 1:59 PM The Governance of Retirement Plans in the Aftermath of the Subprime Meltdown
January 4, 2008 12:17 PM SmartMoney on the Practicalities of Complying With ERISA
December 4, 2007 11:37 AM Looking Under the Hood of Pension Plan Investments
November 20, 2007 10:13 AM A Top Blog at the LexisNexis Insurance Law Center
July 25, 2007 6:53 AM Scott Turow on the Billable Hour
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
May 29, 2007 10:55 AM Some Recommended Reading
April 2, 2007 11:24 AM Still More on Structural Conflicts of Interest
March 19, 2007 12:14 PM Three Out of Three Commentators Agree: Law Reviews Have Made Themselves Irrelevant
February 20, 2007 4:37 PM Law Reviews Are Dead, They Just Don't Know It Yet
October 20, 2006 2:02 PM Logrolling 103
September 25, 2006 9:47 AM Logrolling 102
August 31, 2006 3:45 PM Retirement Benefits and Fiduciary Duties under ERISA
August 10, 2006 9:34 AM Logrolling 101

Percentage Players Die Broke Too: Notes on Litigation and Trial Tactics

May 4, 2012 10:25 AM The IRS - A Safe Port in a Storm for Plan Fiduciaries (Sometimes, Anyway)
November 7, 2011 1:29 PM When An Expert Deviates
June 21, 2011 9:26 AM Lies, Damn Lies, Baseball Statistics and Wal-Mart
June 15, 2011 9:14 AM Lies, Damn Lies and Baseball Statistics
January 14, 2011 12:46 PM On Disclosure and Conflicts of Interest
November 4, 2010 10:47 AM Percentage Players Die Broke Too

Pollution Exclusions

January 27, 2010 11:03 AM Climate Change Litigation and Insurance Coverage
March 24, 2009 10:23 AM Deconstructing the Language of Insurance Policies
December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
December 20, 2006 3:36 PM Ten Exciting Moments in Insurance Coverage Law, 2006
May 16, 2006 7:29 PM Pollution Exclusions and the Reasonable Expectations Doctrine

Preemption

September 17, 2010 8:43 AM ERISA Preemption and the Legal Services Plan
June 17, 2010 10:48 AM ERISA Preemption: Depends on What You Mean by the Word Relate
December 15, 2009 4:54 PM Does the Bell Toll for Discretionary Clauses?
October 13, 2009 12:32 PM Preemption, the Supreme Court, and Job Losses
July 7, 2009 4:29 PM If the Plan Fits, You Must Acquit (Or at Least Preempt)
June 25, 2009 10:07 AM On Preemption of Pay or Play Acts and the Supreme Court
May 28, 2009 1:41 PM The Massachusetts Health Care Reform Act: Demonstrating that ERISA Preemption is Health Care Reform's Best Friend
May 1, 2009 11:33 AM The Supreme Court, Suffolk Superior Court and Ed Zelinsky, All Commenting on the Breadth of ERISA Preemption
February 6, 2009 10:41 AM Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
February 3, 2009 11:20 AM Some Notes on Fair Share Acts and the Economics of Health Insurance
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
October 28, 2008 1:22 PM Wooten and ERISA Preemption: When History and Current Desires Collide
October 6, 2008 10:21 AM A Random Walk Through the Ninth Circuit's Preemption Ruling
October 3, 2008 4:39 PM Pay or Play Acts, the Ninth Circuit, and the Never Ending Law of Unintended Consequences
September 10, 2008 3:48 PM Is ERISA Preemption Coming to the Massachusetts Health Care Reform Act?
September 9, 2008 11:11 AM Massachusetts' Pay or Play Act: The Triumph of Hope Over Experience?
July 15, 2008 10:32 AM Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
April 16, 2008 9:54 AM Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
March 27, 2008 11:53 AM The Hard Headed Business Case for ERISA Preemption of State Health Insurance Mandates
March 21, 2008 11:02 AM Back From Trial, But the World Kept Spinning In the Interim
February 11, 2008 12:09 PM A First Step Towards Supreme Court Consideration of Whether Fair Share Acts are Preempted
February 6, 2008 10:27 AM Money Talks, Even About the Massachusetts Health Care Reform Act
February 5, 2008 10:15 AM The Massachusetts Health Care Reform Act as Evidence of the Need for Preemption
January 28, 2008 12:15 PM And Still Another View on Preemption and the Massachusetts Health Care Reform Act
January 28, 2008 9:32 AM Someone Else's Thoughts On Preemption and the Massachusetts Health Care Reform Act
January 25, 2008 9:25 AM The Lessons of the Massachusetts Health Care Reform Act's $400 Million Shortfall
January 10, 2008 10:02 AM The Ninth Circuit on the San Francisco Health Insurance Mandate Ordinance
December 28, 2007 11:51 AM ERISA Preempts Another One: Striking Down the San Francisco Ordinance
December 18, 2007 10:34 AM California, Fair Share Acts and Preemption: Have We Learned Anything At All?
December 17, 2007 11:18 AM What the Copyright Act Teaches Us About ERISA Preemption
November 2, 2007 9:29 AM Why Preemption?
October 23, 2007 11:14 AM Preemption of Fair Share Acts: Did the Maryland Legislature Manage to Set The Whole Issue Back a Thousand Years?
October 5, 2007 9:57 AM One Proposal for Enacting Fair Share Legislation While Simultaneously Avoiding ERISA Preemption
September 18, 2007 4:24 PM Some Interesting Papers on the Issue of State Health Reform Mandates
September 13, 2007 10:16 AM Bowater, Preemption, the Wall Street Journal Law Blog, Massachusetts Health Care Costs, and Whatever Else Is On My Mind This Morning
September 11, 2007 11:24 AM Why Health Care Inflation Numbers Justify ERISA Preemption of State Health Care Reform Legislation
August 30, 2007 10:36 AM More on Preemption and Health Care Reform in California
August 27, 2007 4:14 PM California, Health Insurance and ERISA Preemption
July 26, 2007 9:52 AM Go West for Health Care Young Man? Preemption and Employer Provided Health Care in San Francisco
July 23, 2007 11:49 AM Another Local Health Care Initiative Preempted, and What It Foretells for the Massachusetts Health Care Reform Act
July 13, 2007 3:05 PM More Thoughts on Whether the Massachusetts Health Care Reform Act is Preempted
July 9, 2007 10:25 AM Partners, Domestic and Otherwise, and ERISA Preemption
July 5, 2007 10:49 AM ERISA and Same Sex Marriage
June 28, 2007 11:00 AM Can Partners Healthcare Systems Provide Different Benefits to Different Kinds of Partners?
June 18, 2007 11:28 AM The Massachusetts Health Care Reform Act and the Purposes of Preemption
May 8, 2007 9:46 AM ERISA Preemption and Universal Health Care in Massachusetts
April 18, 2007 11:49 AM Preemption and Health Insurance Benefits
March 8, 2007 12:21 PM Equitable Relief Under ERISA in the First Circuit Post-Sereboff
February 16, 2007 2:38 PM Insurance Brokers as ERISA Defendants
February 7, 2007 9:58 AM ERISA, Interpleader and Qualified Domestic Relations Orders
January 18, 2007 3:40 PM Wal-Mart and Preemption
November 15, 2006 4:36 PM Mandated Health Benefits and Preemption in San Francisco
November 1, 2006 12:31 PM Employee Welfare Benefit Plans and the Small Employer
October 12, 2006 10:59 AM Preemption, Appellate Review and Plan Interpretation in the First Circuit
September 26, 2006 10:43 AM Zelinsky, Wal-Mart, and the Fair Share Act
August 23, 2006 2:40 PM Preemption Problems, Big Box Stores and Health Insurance
July 31, 2006 9:22 AM Fielder's Tentacles
July 24, 2006 1:32 PM Preemption and the Fair Share Act - Some More Thoughts
July 20, 2006 9:58 AM Wal-Mart, Maryland and the Fair Share Act

Professional Liability Policies

July 10, 2009 10:47 AM On Coverage for Financial Investigations, and an Echo from the Past
December 8, 2008 4:33 PM Intellectual Property Exclusions and Trends in Insurance Coverage Law in Massachusetts
November 19, 2007 11:18 AM Insureds, Prior Knowledge and Insurance Coverage
June 13, 2007 2:30 PM The First Circuit on Professional Liability Insurance
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
March 6, 2007 11:24 AM The Duty to Disclose Possible Exposures When Applying for Insurance Policies
January 4, 2007 11:46 AM Legal Malpractice and Professional Liability Policies
December 7, 2006 1:04 PM OneBeacon and Media Professional Liability Coverage
June 2, 2006 4:23 PM Professional Liability Coverage for Medical Billing Errors

Punitive Damages

December 15, 2008 10:46 AM Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us
November 9, 2007 11:09 AM Bad Faith, Sureties, Insurance Coverage, and Punitive Damages: Who Gets the Check When the Misconduct Ends?
January 12, 2007 3:03 PM Hurricane Katrina Coverage Litigation
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them

Reasonable Expectations Doctrine

December 8, 2008 4:33 PM Intellectual Property Exclusions and Trends in Insurance Coverage Law in Massachusetts
August 3, 2007 11:02 AM Life Insurance, Good Health, and the Reasonable Expectations Doctrine
May 24, 2007 10:02 AM Massachusetts Insurance Coverage Law in a Nutshell
October 19, 2006 1:14 PM Contract Law and Insurance Coverage
May 16, 2006 7:29 PM Pollution Exclusions and the Reasonable Expectations Doctrine

Reinsurance

September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post

Removal

April 25, 2006 7:52 PM Removing a Preempted Action to Federal Court

Reservation of Rights

July 29, 2008 3:25 PM A Real World Legal Guide to Issuing Reservation of Rights Letters

Retirement Benefits

March 8, 2012 4:18 PM A Perfect Storm, ERISA Style
January 4, 2012 9:41 AM An Entertaining Little Primer on Cash Balance Plans
December 22, 2010 11:31 AM Governmental Plans, Annuities, and the Intersection of ERISA with the Securities Laws
April 14, 2010 9:34 AM When Does a Flaw in an Administrative Appeal Render an Administrator's Denial of Benefits Arbitrary and Capricious?
December 14, 2009 11:05 AM Marx on 401(k) Litigation
December 29, 2008 11:19 AM More Evidence that Including Company Stock in a Retirement Plan May Not Be Worth the Litigation Risk
September 22, 2008 10:08 AM Joshua Itzoe on Fixing the 401(k)
September 4, 2008 3:41 PM You Can Run, But You Can't Hide From ERISA
July 22, 2008 1:20 PM The First Circuit on ERISA Standing
April 11, 2008 12:57 PM What Happens When ERISA and the Law of Insurance Coverage Collide?
April 8, 2008 10:48 AM What LaRue Wrought
March 26, 2008 10:21 AM A Blog to Pass Along, and Some Thoughts About the Supreme Court's Interest in ERISA
January 8, 2008 9:53 AM The Recent History of Subprime Litigation
December 20, 2007 2:47 PM The First Circuit on an Administrator's Discretion in Determining the Amount of Retirement Benefits
December 13, 2007 2:37 PM On Regulation of Fiduciaries and Pension Plan Vendors
November 28, 2007 9:50 AM Roundup at the LaRue Corral
November 26, 2007 4:44 PM Thoughts on the Oral Argument in LaRue v. DeWolf, Boberg
November 21, 2007 10:46 AM LaRue v DeWolff, Broberg and the Concept of Administration Risk in ERISA Plans
November 8, 2007 10:54 AM Is Subprime the New Stock Drops?
October 18, 2007 2:55 PM Choice Architecture, 401(k) Plans and Race: The Answer to a Conundrum?
October 10, 2007 11:18 AM Number of Suits + Questionable Practices = X
September 26, 2007 10:33 AM Reinsurance and LaRue, All in the Same Post
September 4, 2007 10:46 AM 401(k) Plans and Increasing Liability Risks for Fiduciaries
August 29, 2007 11:15 AM Another View on Whether a Cashed Out 401(k) Participant Has Standing to Sue for Losses Under ERISA
August 8, 2007 11:34 AM A Clear Signal on ERISA, the Mandatory Victims Restitution Act and Criminal Restitution Orders in the First Circuit
August 6, 2007 10:26 AM I Got Them Low Down No Good Pension Blues
July 19, 2007 1:45 PM High Cost Investments, Payments to Sponsors, and the National Education Association
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
June 25, 2007 10:38 AM Common Misperceptions and The Obligations of Plan Sponsors
June 22, 2007 8:47 AM An Evolution in Fiduciary Standards Means an Increase in Litigation Risk
June 20, 2007 8:14 PM Divestment and Fiduciary Duties
June 20, 2007 11:04 AM Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court
June 12, 2007 4:28 PM Further Thoughts on Beck v Pace
June 11, 2007 4:09 PM Supreme Court Rules on Beck v Pace
June 11, 2007 11:43 AM More on Amaranth and Fiduciaries' Due Diligence Obligations
June 8, 2007 10:24 AM A Thought About Litigation Against Fiduciaries For Hedge Fund Losses
June 6, 2007 11:17 AM More Recommended Reading: The Cavalcade of Risk
June 1, 2007 10:22 AM Excessive Fee Litigation, 401(k) Plans and LaRue
May 29, 2007 2:47 PM LaRue v. DeWolff, Losses to the Plan and the Supreme Court
May 17, 2007 11:11 AM Documenting the Death of Pensions
May 15, 2007 1:28 PM Pension Performance, 401(k) Plans and Breach of Fiduciary Duty Litigation
May 10, 2007 2:38 PM Behavioral Economics and a Disincentive to Retire
May 7, 2007 10:47 AM 401(k) Plans and Breach of Fiduciary Duty Lawsuits
May 2, 2007 11:30 AM Behavioral Economics, the Pension Protection Act and 401(k) Litigation
April 25, 2007 2:15 PM Beck v Pace International Union
April 16, 2007 12:06 PM Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
April 13, 2007 10:01 AM Introducing Pension Governance LLC
April 10, 2007 12:47 PM Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
March 21, 2007 10:11 AM Novak and the National Law Journal
March 12, 2007 11:13 AM Insurance Coverage for Pension Plan Fiduciaries
March 7, 2007 11:43 AM Congressional Hearings on 401(k) Plan Fees and What They Mean for Plan Fiduciaries
March 2, 2007 10:55 AM What Happens When Reimbursement of Overpaid Benefits Is Equitable for Purposes of ERISA, but Nonetheless Inequitable?
February 27, 2007 11:14 AM Restitution, Anti-Alienation and ERISA
February 26, 2007 1:07 PM Fiduciary Advisors, Due Diligence, and Avoiding Fiduciary Liability
January 31, 2007 4:47 PM More on Top Hat Plans and the Alexander Decision
January 30, 2007 12:26 PM The Effect of the Savings Rate on 401(k) Fee and Other Retirement Benefit Litigation
January 26, 2007 9:03 AM More on Top Hat Plans
January 19, 2007 9:06 AM Top Hat Plans and ERISA
December 11, 2006 11:52 AM Health Savings Accounts, Summary Plan Descriptions and Other Things
October 25, 2006 10:40 AM 401(k) Plans and Pensions: Are They Enough?
October 4, 2006 9:59 AM ERISA and Retirement Benefits
August 31, 2006 3:45 PM Retirement Benefits and Fiduciary Duties under ERISA
August 10, 2006 2:40 PM Stock-Drop Suits
August 8, 2006 2:40 PM Pension Reform
July 17, 2006 2:46 PM More on Termination of Retirement Benefits
July 12, 2006 1:06 PM Terminating Retirement Benefits

Rules of Policy Interpretation

February 27, 2012 9:58 AM At the Intersection of Insurance and Plan Fiduciaries
March 24, 2009 10:23 AM Deconstructing the Language of Insurance Policies
July 3, 2007 8:23 AM Cost of Living Benefits and Disability Benefits
June 26, 2007 10:54 AM Me and LaRue, and Business Insurance Too
May 24, 2007 10:02 AM Massachusetts Insurance Coverage Law in a Nutshell
May 9, 2007 11:44 AM Insurance Coverage Litigation and the Elastic Concept of Ambiguity
December 27, 2006 4:07 PM The Eleventh Most Important Insurance Coverage Decision of 2006
November 8, 2006 10:49 AM Viruses, Asbestos and Exclusions
October 19, 2006 1:14 PM Contract Law and Insurance Coverage
September 4, 2006 11:44 AM Insurance Policy Interpretation and ERISA Conflict of Interests
August 14, 2006 3:24 PM Interpreting ERISA Plans and Insurance Policies
July 26, 2006 10:58 AM A Fine Piece of Insurance Policy Analysis
May 16, 2006 7:29 PM Pollution Exclusions and the Reasonable Expectations Doctrine

Settlements

November 26, 2007 11:16 AM Grand Irony, or Just a Need for Better Litigation Tactics: Protecting the Severely Injured Plan Participant Against Reimbursement Claims under ERISA
April 14, 2006 3:15 PM Settle the claim, don't revise the plan

Standard of Review

January 20, 2012 10:29 AM On State Regulators and the Continued Existence of Discretionary Review
November 17, 2011 10:27 AM The Very Interesting Lessons of Novella
October 17, 2011 10:10 AM Interpreting Ambiguous Plan Language
May 11, 2010 9:13 AM What's a Good ERISA Lawyer Worth, Anyway?
April 27, 2010 2:20 PM What Conkright v. Frommert Means
April 14, 2010 9:34 AM When Does a Flaw in an Administrative Appeal Render an Administrator's Denial of Benefits Arbitrary and Capricious?
March 10, 2010 11:04 AM You Say Potato, I Say Potato: Two Different Understandings of What Discretionary Review Means
January 19, 2010 10:58 AM Here's What the Court Will Do In Conkright v. Frommert
January 7, 2010 1:30 PM Blending De Novo and Deferential Review
December 15, 2009 4:54 PM Does the Bell Toll for Discretionary Clauses?
October 5, 2009 10:54 AM Conkright, Discretion and the Supreme Court
May 13, 2009 1:44 PM Comments on First Circuit Law Post-Glenn
March 16, 2009 10:22 AM The Seventh Circuit Puts a Spin on Discretionary Review
January 7, 2009 2:05 PM Talkin' ERISA Litigation Trends
July 18, 2008 12:31 PM What Effect Does MetLife v. Glenn Have on Discovery in Denial of Benefit Claims?
July 7, 2008 4:21 PM On Intoxication and Accidental Death and Dismemberment Policies
June 30, 2008 1:05 PM From Preemption to ERISA Standing, and Lots of Things In-Between
June 5, 2008 12:45 PM Two More ERISA Cases for the Supreme Court?
May 1, 2008 10:38 AM Why Structural Conflicts of Interest, Standing Alone, Are Irrelevant
April 28, 2008 10:18 AM Some Thoughts on the Oral Argument in MetLife v. Glenn
January 22, 2008 10:08 AM Supreme Court to Weigh In on Structural Conflicts of Interest
January 15, 2008 9:51 AM The Meaning of Arbitrary and Capricious Review
January 3, 2008 10:18 AM Two for the Price of One: An Excellent District Court Ruling Worth Reading, and More on the First Circuit's Decision in Gillis
December 20, 2007 2:47 PM The First Circuit on an Administrator's Discretion in Determining the Amount of Retirement Benefits
December 3, 2007 11:21 AM More on that Grand Irony Theory
November 5, 2007 10:36 AM Suicide Exclusions Under ERISA Plans, and the Impact, If Any, of the Standard of Review
October 11, 2007 11:10 AM A Divergent Voice on Whether The Supreme Court Cares About ERISA
October 4, 2007 10:57 AM Is the Supreme Court Setting Out To Alter the Law of ERISA?
August 20, 2007 7:06 AM When Does Plan Language Mandate De Novo Review?
April 2, 2007 11:24 AM Still More on Structural Conflicts of Interest
March 30, 2007 10:12 AM A Survey of All the Circuits on the Effect on the Standard of Review of Structural Conflicts of Interest
March 29, 2007 9:53 AM Current First Circuit Thinking on Structural Conflicts of Interest
December 15, 2006 10:11 AM Mike Webster, the NFL and ERISA
December 4, 2006 10:15 AM Summary Plan Descriptions and Grants of Discretion
November 29, 2006 2:58 PM The Supreme Court, Abatie and Conflicts of Interest
October 12, 2006 10:59 AM Preemption, Appellate Review and Plan Interpretation in the First Circuit
October 2, 2006 2:48 PM What Standard of Review Applies to a Claim That Was Never Reviewed?
September 21, 2006 3:33 PM More from the Academy on ERISA Standards of Review and the Conflicted Decision Maker
September 13, 2006 10:50 AM The Unum Provident Problem
August 28, 2006 11:18 AM Is More Supreme Court Review of ERISA Standards of Review in the Works?
August 21, 2006 12:01 PM Abatie, Part II
August 18, 2006 9:04 AM First vs Ninth, and Structural Conflicts of Interest in ERISA Litigation
August 15, 2006 10:27 AM Proving a Conflict of Interest in the First Circuit
August 14, 2006 3:24 PM Interpreting ERISA Plans and Insurance Policies
August 9, 2006 11:25 AM It's a bird, it's a plan . .
August 1, 2006 12:23 PM Long Term Disabilty Benefits, Human Behavior and Standards of Review
July 13, 2006 11:47 AM Economic and Behavioral Distortions, and How Insurance and ERISA Law Cope With Them
July 10, 2006 1:50 PM Arbitrary and Capricious Standard of Review
May 3, 2006 5:16 PM An Interesting New ERISA Decision
April 19, 2006 4:03 PM In the First Circuit, There Is No Such Thing As an Easy Conflict of Interest

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January 30, 2006 10:16 PM RSS

Summary Plan Descriptions

March 7, 2011 10:31 AM Adam and John on the Obligations of Reasonableness and the Problems with SPDs, Respectively
December 9, 2010 9:37 AM Misleading Summary Plan Descriptions and the Supreme Court
September 3, 2010 1:26 PM You Say Potato, I Say Potahto: When Plan Documents and SPDs Speak Inconsistently
July 23, 2008 3:11 PM Some More Thoughts on the Primacy of the ERISA Plan Document
July 10, 2008 3:15 PM Promises, Promises . . .
May 18, 2007 8:21 AM Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
December 11, 2006 11:52 AM Health Savings Accounts, Summary Plan Descriptions and Other Things
December 4, 2006 10:15 AM Summary Plan Descriptions and Grants of Discretion

The Hidden Law of ERISA

October 29, 2010 11:12 AM Does LaRue Alter the Rules for Class Actions?
July 17, 2008 12:11 PM A Middle of the Road Supreme Court?
July 8, 2008 3:38 PM Insurance and the World at Large
March 15, 2007 3:52 PM Mike Webster to Ted Johnson: Are the NFL and the New York Times Kidding?
February 9, 2007 11:44 AM Electronic Discovery and the Amendment to Rule 26
May 3, 2006 7:29 PM The Hidden Law of ERISA: An Introduction

Third Party Administrators

September 13, 2011 10:40 AM Fee and Expense Disclosure: No Such Thing as a Free Lunch
February 4, 2011 11:42 AM On Problems in the Sponsor/Third Party Administrator Relationship

Voluntary Payments

June 27, 2007 10:41 AM At the Crossroads of Trade Dress Infringement, Restaurants and Insurance Coverage