FWIW,
Why Do Law Firms (And Their Bills) Get Bigger the More Efficient They Become? And What Does That Foretell About the Use in Law Firms of Generative AI?
Legal tech and blogging expert Kevin O’Keefe, of LexBlog, has thrown himself and his company into generative AI. Kevin posted recently on the story of social media content creators being replaced by ChatGPT and asked about the eventual impact such technology will have on legal jobs. His post got me thinking about a
The Canary in the Coal Mine Is Looking Sickly: Insurance, Climate Change and State Farm
Well now . . . The news that State Farm is going to stop writing new homeowners business in California didn’t surprise me at all, but it did ring a powerful bell. All the way back in 2007 I was writing that climate change would be taken seriously and action would be taken once the
Labor Shortage, the Return to the Office Dispute and Employee Benefits
This is an interesting story on Mintz Levin trying to bring more lawyers back into the office by figuring out the best way to get people, starting with the partners, to find it valuable to be there, rather than by threatening associates’ compensation or mandating certain work hours, as other firms have done. My
There Is a Time-Tested Way to Reduce Excessive Fee Litigation Against Plan Sponsors (Part II)
I didn’t intend to write a second post (here’s the first) on the ever rising tide of excessive fee litigation, but the LinkedIn algorithm, responding to my posting of my first blog post on this issue, hand delivered me another great graphic, this one by Sompo International, on the same topic. What I
There Is a Time-Tested Way to Reduce Excessive Fee Litigation Against Plan Sponsors
This is a great and well-illustrated presentation by Chubb on the history of excessive fee litigation against sponsors of defined contribution retirement plans, on the pace of filings, on the types and sizes of plans that are being sued and on settlements of those claims. What you can see in the data is something that
Why I Am Sanguine About Jury Trials in ERISA Cases
On the Fid Guru Blog, Euclid Fiduciary’s Daniel Aronowitz has an excellent deep dive on the question of jury trials in breach of fiduciary duty litigation under ERISA, asking the questions of, first, whether they are really coming and, two, if so, is that a good or a bad thing (his take clearly appears to
Want to Hear Me Speak About ERISA Section 404(c) And Litigation?
As an ERISA litigator, I have long been an advocate of the idea that the best defense against litigation is good compliance – in other words, that the best way to prevent lawsuits and, if sued, to come out whole on the other end is to operate a well-run benefit program and to consistently do
I Have a Theory That There Is a Baked In 20% Systemic Tax on Retirement Benefits in America
There is an interesting article in the Guardian on the subject of structural and policy barriers in the United States to the elimination of poverty, which is addressed in a new book by a MacArthur award winning sociologist. I think the New Yorker has a new article out on the same topic, probably based on
Notes from ALM’s Complex Claims & Litigation Forum 2023
I spoke earlier in the week at ALM’s Complex Claims and Litigation Forum in Las Vegas, where I was on a panel on “Tackling Market Disruptors – How to Manage Industry Shifts.” I spoke on a subject near and dear to my heart, which is the impact on claims handling of the rise of the