I suspect that no one understands as well as an ERISA litigator the extent to which the rules governing judicial decision making either determine the outcome of a dispute or, at a minimum, dictate a specific and limited range of potential outcomes as well as establish the respective odds of each. In the context of
Many years ago, back when we were closer to the tipping point where 401(k) plans replaced pensions for the majority of employees, there was a great deal of discussion about whether employees could possibly be financially ready to retire at age 65 absent pensions. I argued at the time that the discussion was wrong and
I began writing on climate change as a litigation and insurance issue back in 2007 and have been writing on the role of insurance as a potential and actual driver of climate change policy since at least 2010. Since then, it has become clear that the single greatest corporate driver of changes intended to
The Supreme Court today hears argument in a case concerning many politicians’ and lawyers’ favorite pinata, the Chevron doctrine. It would likely be naïve to believe that the case won’t at least further restrain agency authority and discretion, although whether the case will be the vehicle for complete abrogation of the doctrine is
As usual, I had a terrific experience at DRI’s annual Insurance Coverage and Practice Symposium in midtown Manhattan, which was held last week. I had gone in many ways simply for two particular presentations, one on generative AI and the other on the impact of nuclear verdicts on insurance coverage and bad faith issues, although
I started writing years ago on the litigation and insurance questions posed by climate change, focusing on two particular issues, namely: (1) the role of litigation in response to climate change issues; and (2) the response of insurers to increased risk exposure as a result of climate change. When I started writing on these topics
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
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
This is a great article by Chris Carosa in Forbes, on the history of developing business by inventing a new subcategory in an existing field and then filling it. Although the article is in Forbes, Chris is probably better known as the force behind the retirement industry publication Fiduciary News, which to my recollection,
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