Here’s an article on Law.com today, out of the Recorder, on whether San Francisco’s version of a pay or play law mandating certain health care payments by businesses in the interest of bringing about the holy grail of universal health care coverage can survive ERISA preemption. The article points out, similar to what I discussed
Patricia McGovern, the Beth Israel Deaconess Medical Center and the Massachusetts Health Care Reform Act
There’s a nice interview today on the Massachusetts Lawyers Weekly website with the general counsel of Boston’s Beth Israel Deaconess Medical Center, Patricia McGovern. While the story is interesting enough in and of itself on the subject of the structure of a major hospital law department, I took particular note of Ms. McGovern’s comment that
Scott Turow on the Billable Hour
I’m really veering off topic here on today’s post, although I have in the past managed to post about the billable hour system and link it to the question of how policyholders should pay their lawyers in insurance coverage disputes. Today, though, I won’t even rely on that fig leaf, preferring instead to just pass
Insurance Bad Faith Litigation in Massachusetts and the Other 49 States
Want to learn more about insurance bad faith litigation? Well, you could retain me, but if you want something more off the rack, here is a nice looking seminar, with a well credentialed faculty, on the subject. Of course, for local readers, it is important to note that the seminar looks to provide a general
Another Local Health Care Initiative Preempted, and What It Foretells for the Massachusetts Health Care Reform Act
Roy Harmon over at his excellent Health Plan Law blog has the story of the decision last week by the United States District Court for the Eastern District of New York in Retail Industry Leaders Association v. Suffolk County, in which the court ruled that the Suffolk County Fair Share for Health Care Act (basically
Patent Infringement Cases Never Go To Trial, Yet Somehow Cost Billions of Dollars
Having recently tried a patent infringement case to a jury, I was amused by this article in IP Law & Business pointing out that patent cases are almost never tried and few patent lawyers have actually tried a case to a jury. The key statistic is here, in this line in the article: “there
High Cost Investments, Payments to Sponsors, and the National Education Association
Been away from the desk for a few days, but not away from my reading, and there’s been a whole series of things in the media that may be of interest to those who read this blog that I have meant to pass along and comment on. I am going to try to post frequent
Why You Can Never Generalize When Considering Whether Brokers Are Plan Fiduciaries
A couple of loyal blog readers have commented that I have veered off a good bit on digressions this past couple weeks, and I can’t deny it – maybe it’s a lawyer’s version of a summer fling. Anyway, today I return to a central focus of this blog, ERISA and, in particular today, investment advisors
More Thoughts on Whether the Massachusetts Health Care Reform Act is Preempted
Wow, don’t think Massachusetts’ health care reform law doesn’t dictate to employers what type of health insurance to provide, only in a more subtle way than the state of Maryland did with its Fair Share Act based – but unsuccessful, thanks to ERISA preemption- attempted bludgeoning of Wal-Mart? At the risk of picking a fight,
The Difference Between Email and Correspondence and Why It Matters Under the Federal Electronic Discovery Rules
The other thing about electronic discovery and the federal rules that was on my mind yesterday, as I mentioned in yesterday’s post, is emails, with the thoughts provoked by this article here on discovering emails from opposing parties. Now one mistake people often make when they are first confronted with the federal e-discovery rules is