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ERISA Deference: No Exceptions
Much of the federal litigation brought pursuant to the Employee Retirement and Income Security Act of 1974 (“ERISA”) involves efforts by the beneficiaries of ERISA-regulated employee benefit plans to overturn benefits decisions of the plans' administrators. One recent study found that 65% of ERISA lawsuits in the federal court system involve claims of interference with plan benefits. Pension Governance, Inc. and the Michel-Shaked Group, ERISA Litigation Study (2009), available at www.pensionlitigationdata.com/news.php.
The standard of review that a court applies to such benefit decisions can have a significant impact on the beneficiary's chances of success in the lawsuit. If the court reviews the decision de novo, then it may effectively ignore the interpretation of the ERISA plan performed by the plan administrator and independently review the plan in order to make a benefits determination. See Aetna Health Inc. v. Davila, 542 U.S. 200, 210 (2004). At the other end of the spectrum of review standards, if the reviewing judge is compelled to apply a deferential standard of review to the decision of the plan administrator, then the judge is restricted to reviewing the decision for an abuse of discretion, and must uphold any reasonable interpretation of the ERISA plan offered by the plan administrator. McCauley v. First Unum Life Ins. Co., 551 F.3d 126, 133 (2d Cir. 2008).
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.