Here is an excellent article, by way of workplace prof, on the fees charged in 401(k) plans, their impact on performance, and the difficulty of even learning about them. We have talked before about how challenges to excessive fees charged to 401(k) plans is the new growth stock in ERISA litigation, and many people
Procedural Violations in ERISA Claims Handling
Probably the most important of the pre-holiday ERISA rulings in the First Circuit is Bard v. Boston Shipping Association, in which the First Circuit provides a detailed explanation of exactly how procedural and regulatory violations in handling ERISA claims will be addressed in this circuit henceforth. Notably, the court rejected the premise that such
Hurricane Katrina Coverage Litigation
Unlike the postman (neither sleet nor rain, etc.), I am easily diverted from my appointed rounds. This is another way of saying that contrary to what I said in my last post, I am not returning right away to a run down of a handful of interesting ERISA decisions handed down in the First Circuit
AD&D Policies, ERISA and the Intoxicated Driver
It seems that, running up to the holidays, the First Circuit and the district courts in the circuit chose to issue several particularly interesting, some would say even compelling, ERISA decisions. And why not? What lawyer wouldn’t want to receive a detailed analysis of one issue or another under ERISA for the holidays? I know I
Intellectual Property, Advertising Injury Coverages, and Licensing
At the risk of turning this into blog reader month, I thought today I would pass along this article on the use of intellectual property in growing a business that was passed along to me by blog reader Mike Kraft of Customer Standpoint, who specialize in the analysis of the customer experience. It
Legal Malpractice and Professional Liability Policies
If an attorney gets duped into executing a check and distributing its proceeds as part of an elaborate fraudulent check scheme – an act which will then of course inevitably get him sued – is he covered for that act under his professional liability coverage? A Massachusetts Superior Court judge has astutely, and on the
Malicious Prosecution in Massachusetts
When I first saw this headline – “Doctor can sue insurance company for malicious prosecution” – in the local legal newspaper, my first thought was they are running a dog bites man story to open the new year. Why, after all, would an insurance company be immune from being sued for malicious prosecution? But when
Sereboff in a Clever Nutshell
No more end of the year lists for this blog; the holidays are over and it is time to return to substance. With that in mind, I thought I would kick off the new year by passing on Boston University Law student Anthony R. Ten Haagen’s interesting note on Sereboff, soon to be published
The Eleventh Most Important Insurance Coverage Decision of 2006
End of the year lists, to alter an old off color joke, are like opinions: everyone, it seems this time of year, has one. Some are superficial, silly and cursory, like this one here, and others, like Randy Maniloff’s list discussed in my last post, are substantive. For those of you who couldn’t get
Ten Exciting Moments in Insurance Coverage Law, 2006
Here is an article insurance coverage litigator Randy Maniloff is publishing in Mealey’s early next month discussing Randy’s picks for the ten most important insurance coverage decisions from across the country over the past year. The cases cover issues ranging from the absolute pollution exclusion to junk faxes, and a range of topics in-between.
While the