One of my partners emailed me the other day with kind words about my blog, and I responded that there was plenty to write about these days when it comes to ERISA and insurance. Amusingly, this morning’s inbox ended up presenting the perfect exemplar. I was sitting down to write some follow up comments on
What Would Shakespeare Say About Offering Bitcoin in 401(k) Plans?
Somehow, Shakespeare seems to have anticipated crypto; the ongoing kerfuffle over offering crypto in the investment menus of 401(k) plans is seeming more and more to be simply “sound and fury, signifying nothing.” For those of you who may have missed it, in the past several weeks, just to hit the highlights, Fidelity
The Problem of Access to Retirement Plans in Small Companies
This is a great article on the question of why smaller businesses do not offer retirement plans. I recommend reading it, and won’t simply restate its findings here, but instead want to add two thoughts.
First, there are many important issues in the world when it comes to retirement security for employees, but the lack
According to the Second Circuit, the DOL Claim Regulations Actually Do Mean What They Say
I am of two minds when it comes to ERISA decisions out of the Second Circuit. My first is to naturally jump to the conclusion that, in the immortal words of Willy Loman, attention must be paid, simply because of the Court. Then I remember the long retired big law partner from my
Retaliation, Section 510 and the Timing of Terminations
Section 510 of ERISA makes it illegal to take any job action for the purpose of interfering with an employment benefit that would otherwise have been due to the employee. The classic formulation of such a claim is terminating an employee right before a pension would have vested, simply to avoid owing the benefit; some
Cyber Insurance: As Prices Go Up, Coverage Disputes Increase As Well
You may need a subscription to read it, but I greatly enjoyed this Bloomberg Law article today on cyber insurance. The title of the article sort of says it all, although the article delves into the topic in decent depth: “Cyber Insurance Policies Grow Pricey Amid Rising Hacks, Lawsuits.”
For those of you
The Benefits of a Well Run ESOP
Lawyers who, like me, litigate ESOP cases often end up with a skewed view of ESOPs, if we aren’t careful. There is sort of a selection bias at play, in that we typically see the ESOPs where something has gone wrong, or is at least claimed to have gone wrong. I have had plenty of
Monticello, Operational Errors in ERISA Plans, and the New Frontier of Litigation
I recently visited Monticello, a place, being a history buff, I had always meant to tour; suffice it to say, it did not disappoint. Among other things, it was an interesting reminder of an oft-forgotten point, namely that for many years, the American “frontier,” for all intents and purposes, is what is now modern
How Attenuated a Connection to Massachusetts Is Enough to Sue Under Chapter 93A and Chapter 176D?
Here’s an interesting question – what is the territorial reach of claims against insurers alleging violations of Massachusetts’ insurance claims handling statute, Chapter 176D, and seeking recovery for such violations under Massachusetts’ consumer protection statute, Chapter 93A? Massachusetts’ well-regarded Business Litigation department gave the statutes a broad territorial reach, finding that they apply to an
A Perfect Example of the Evolution in Equitable Relief: Recovering Group Life Benefits After Enrollment Errors By The Life Insurer
I have returned to blogging after stepping away for awhile from regular posting for a number of reasons ; foremost among them, however, is wanting to talk regularly about the continuing evolution in this area of the law toward a more even playing field for both employees and employers, and away from the many structural