With multiple European and South American countries promising an affordable retirement, Americans are increasingly renouncing U.S. citizenship and expatriating, some gaining citizenship, outside the United...
Lease security deposit deductions typically cover repair costs for damages beyond normal wear and tear and cleaning expenses when rentals are returned in substandard condition. However, landlords and tenants...
Indemnification provisions and representations and warranties are critical components in private target acquisition agreements because they determine the allocation of post-closing transaction risks. Once...
This practice note covers dietary supplement structure/function claims and the laws and regulations, administrative guidance, and federal cases that govern them. Read now » Related Content ...
Do you need a day of rest policy for retail employees based in Texas? Read our newly published template, Day of Rest Policy (with Acknowledgment) (Retail Employees) (TX) . 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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