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  • Article

    ERISA: Is Discovery Allowed When A Breach Of Fiduciary Duty Claim Is Asserted?

    You already know that discovery is usually limited in appeals of the denial of ERISA-governed benefits. This is especially true when there is de novo review.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    ERISA: When Bad Surgery Results Create New Disabling Conditions: Still Excluded By The Pre-Existing Condition Exclusion?

    Pre-existing condition exclusions can be difficult to apply, especially when addressing whether a new disabling condition relates back to a pre-existing condition.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    ERISA: When Social Security Disability Benefit Decisions Do NOT Have To Be Considered

    What happens when the Social Security Administration issues a disability finding after the ERISA administrator has issued the decision denying disability benefits?
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    ERISA: Winning Early Motions To Dismiss Breach Of Fiduciary Claims — The Ministerial Defense

    Plaintiffs in ERISA employee benefit cases are frequently asserting breach of fiduciary duty claims, and then seeking broader discovery.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    ERISA – 9th Circuit: Self-Funded ERISA Plans, And Employee-Paid Supplemental Benefits: Can The Abuse Of Discretion Standard Apply, Even When State Law Bans It?

    You already know that many state laws ban the "abuse of discretion" standard of review in denials of ERISA-governed long term disability benefits.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    ERISA — 8th Circuit: When Malingering Justifies Disability Claim Denial

    When does evidence of malingering justify denial of a long term disability claim? It depends. A physician's subjective opinion regarding malingering
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    IRS Releases FAQs Addressing The New Deduction For Qualified Overtime Compensation

    On January 23, 2026, the Department of Treasury and the Internal Revenue Service (IRS) issued Fact Sheet 2026-01, providing answers to frequently asked questions (FAQs)...
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Maryland Delays Paid Family And Medical Leave Insurance Program Again & Clarifies Parental Leave Law

    On May 6, 2025, Maryland Governor Wes Moore signed into law HB 102, delaying the start date of Maryland's highly anticipated paid Family and Medical Leave Insurance program ("FAMLI").
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    New Philadelphia Ordinance Aims To EmPOWER Employees

    On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections...
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Reverse Discrimination Lawsuits Are So Back

    On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.)...
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    SCOTUS Rules Against Unions On California Farm Access

    The United States Supreme Court ("Supreme Court") has dealt a blow to organized labor, striking down as unconstitutional a California law that permitted union organizers access to agricultural company land to speak with workers.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Washington Employers Will Be Obligated To Disclose Salary, Wage, And Benefits Information For All Job Postings

    Washington's Equal Pay and Opportunities Act has been amended again, placing another disclosure and compliance obligation on Washington employers during the hiring process...
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Pennsylvania Proposal Could Affect Water-Dependent Projects

    The Pennsylvania Department of Environmental Protection proposed wide-ranging amendments to its Chapter 105 regulations...
    United StatesEnvironment
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Podcast

    AI In Financial Services: Understanding The White House Action Plan – And What It Leaves Out – Part 2 (Podcast)

    Today's episode features Part 2 of our October 30, 2025 webinar, "AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out."
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Appeals Court Puts Reinstatement Of Two Democratic Members Of NCUA Board On Hold

    The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Ballard Spahr Files Amicus Brief On Behalf Of Communications Client In Support Of En Banc Review Of 11th Cir. Decision Applying FDCPA Restriction On Third-Party Communications To Debt Collector's Transmittal Of Debtor's Personal Information To Letter Vendor

    On behalf of our client RevSpring, Inc., Ballard Spahr has filed an amicus brief in support of the petition for rehearing en banc filed in the Eleventh Circuit by the defendant in Hunstein v. Preferred Collection and Management Services.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    CFPB Private Education Loan Ombudsman Receives Record Number Of Complaints

    The CFPB received about 22,900 complaints about private and federal student loans between July 1, 2024, and June 30, 2025, the highest level the Bureau has received in a one-year period...
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    CFPB Proposes Changes To Section 1071 Rule

    The CFPB is proposing major changes to its final rule that would require financial institutions to report information contained in loan applications submitted by small businesses...
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Colorado Files Opposition To Plaintiffs' Rehearing Petition In Opt-Out Litigation

    As we reported previously, a petition for rehearing en banc was filed by the plaintiff bank trade associations in National Association of Industrial Bankers v. Weiser.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Crews Confirmed As Member Of NCUA Board

    The Senate has confirmed John Crews to serve on the NCUA board, where he is expected to become chairman, replacing Kyle Hauptman who was recently nominated to the Public Company Accounting Oversight Board. Crews brings extensive experience from his roles at the Treasury Department, House Majority Leader's office, Senate Banking Committee, and the White House National Economic Council during the first Trump administration.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP

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