- A couple of weeks ago, writing about the relationship of insurance to shipping through the
Five Favorites for Friday
I found myself feeling very zen and mellow when writing this week’s Five Favorites for Friday post. That’s not always the case, as often the post covers topics that get me quite agitated, such as articles about poorly reasoned court decisions or about unnecessary risks to plan participants. That wasn’t the case this week and
Has Class Certification Returned as a Significant Barrier to ERISA Breach of Fiduciary Duty Litigation?
I have written before that plan sponsors should try more ERISA breach of fiduciary duty cases to verdict if they, and their insurers, really want to dissuade class action lawyers from filing ERISA breach of fiduciary duty class action cases with weak liability theories or worse, as simply a strike suit targeted at getting a
Five Favorites for Friday
- Courts tend to course correct over time when it comes to class action litigation, with the goal
Five Favorites for Friday
It’s been a fascinating week in insurance and ERISA news, making it a good week to be the author of an ongoing weekly series on hot topics, articles, posts and the like in these areas of law. Interestingly (to me, anyway), the first three stories directly concern cases and issues I have litigated many times
Five Favorites for Friday
Some weeks the Five Favorites write themselves and this week was one of them. I think it’s because so many of the articles hit right dead center on issues I have litigated or counseled on over the years, including disputes between excess and primary insurers, whether forfeiture under a 401(k) plan is appropriate, withdrawal liability
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year – My Number One Most Popular Post of 2025
We are having a blizzard in Boston today. It started around 3 in the morning and is expected to continue for much of the day. I thought I would take a break from snowblowing to finally finish my top ten countdown of my blog and LinkedIn posts of 2025. I had originally targeted the end
Five Favorites for Friday
This is a really educational week on Five Favorites for Friday. There is no hidden message or implicit critique buried in that point. It’s just that a number of comprehensive stories providing a detailed overview of key areas of development in ERISA litigation were published this past week and, solely because of their quality, make
Five Favorites for Friday
This was a fun week if, like me, you enjoy reading about ERISA and insurance issues. There was a lot to pay attention to, but for purposes of this weekly post, I narrowed it down to articles on nuclear verdicts, cyber insurance, regulatory initiatives targeted at PBMs and drug pricing, the continued boom in ERISA
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year – The Second Most Popular Post of 2025
In some ways, the second most popular post on my blog in 2025 was my favorite – and objectively likely my “best” – post of the year, in any venue. It hit early and accurately, and provided actionable advice to an at-risk population, namely employers who sponsor 401(k) plans and the fiduciaries who operate them.