The United States has tax treaties with nearly 70 countries to prevent double taxation and curb tax evasion. These treaties, based on Article II, Section 2 of the U.S. Constitution, are reciprocal and...
Real estate activities are highly regulated, and each state has laws governing specific prohibited practices as well as liabilities and penalties for violations. Explore this state law survey covering...
Contractual disputes regarding allegations of fraud are often complex, time-consuming, and expensive to litigate. Parties may amicably negotiate an acquisition agreement without even considering whether...
This practice note covers FDA prior notice requirements for imported food, including scope and exceptions, notification contents and timing, methods of submitting notice, and consequences for failing to...
Do you need guidance on drafting international employment contracts? Read our International Employment Agreements: Key Drafting Tips practice note, by John L. Sander, Michael Watts, and William Ellis,...
It’s been more than 30 years since the U.S. Supreme Court decided Firestone Tire & Rubber Co. v. Bruch, which significantly impacted ERISA benefits litigation by applying a standard of review for courts faced with review of an ERISA benefits claim determination. Before Firestone, in most instances, courts reviewing benefit determinations would apply a de novo review standard. This means that an adverse claim is reviewed by a court without being predisposed to either side. The Firestone court held that the abuse of discretion standard (also referred to as the arbitrary and capricious review standard) would apply where the benefit plan contained language sufficient to authorize the party deciding the claim to interpret the plan (or insurance policy) and render benefit determinations. Where the language is used, benefit claimants (usually) face the challenge of proving to the reviewing court that a benefit denial was arbitrary and capricious. Quite a hurdle! Be sure your plans/policies include the requisite language.
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