According to recent U.S. Census Bureau statistics released by the U.S. Department of Commerce, 41.6% of total U.S. imports and exports were between related parties in 2022. Each of these transactions involve...
Attorneys working through the recent shifts in the real estate market are encouraged to participate in the Practical Guidance Private Market Data Annual Real Estate Survey by September 30, 2023. Participants...
Cooler temperatures and fall décor signal the arrival of first-year associates to be indoctrinated with practical transactional skills and law firm culture. Stock transactions are a good starting...
Interested in employment discrimination settlement data? You have until September 30th to share your insights related to private employment discrimination, harassment, and/or retaliation settlement agreements...
Read a comprehensive overview of film financing written by Mark Litwak, preeminent entertainment attorney and author of six books on the law and business of film and television. Read now » Related...
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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