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  • Article

    Ninth Circuit: Medical Providers Lack ERISA Standing

    The Ninth Circuit affirmed two district court decisions that concluded medical providers were not "beneficiaries" under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No Ongoing Administration, No ERISA Plan

    As such, the Court affirmed the lower court's ruling dismissing the case.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Notification Regarding Earned Income Tax Credit Expanded

    Employers that are required to notify their employees of their eligibility for the federal Earned Income Tax Credit also must notify employees that they may be eligible for the California Earned Income Tax Credit; the bill also updates the content of the notice that must be provided to employees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Plaintiffs Not Entitled To Jury Trial For ERISA Breach Of Fiduciary Duty Claims

    Massachusetts Institute of Technology persuaded a federal district court to toss a jury demand in a case alleging that the MIT 401(k)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Plan Participant Waived Remedy For Untimely Benefits Determination

    The Seventh Circuit rejected a disability plan participant's argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sanctions Award Strengthens Fight To Protect Confidential Company Records

    On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer's legal fees as sanction for removing nine attorney-client privileged documents...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

    In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court's holding that an employer is not liable for failing to provide a COBRA notice to a terminated employee under ERISA § 502(c) where the employer followed reasonable procedures to ensure that notices were properly mailed.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    "See Ya Later, California!" Hewlett-Packard Moves Its HQ From Silicon Valley To Texas

    Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it's moving its global headquarters from San Jose
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tenth Circuit Upholds Denial Of Residential Mental Health Treatment

    The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Third Circuit Analyzes Standing For ERISA Plan Management Claims

    A recent Third Circuit decision reinforced the need for ERISA plaintiffs to plead injury-in-fact to establish Article III standing.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Top 10 Whistleblowing And Retaliation Events Of 2015

    Here are the top 10 events this year that altered the landscape of whistleblower law and heightened the risks.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Trump's Fall Regulatory Agenda Pegs March 2019 For Proposed New Overtime Rule

    Trump's Fall Regulatory Agenda Pegs March 2019 For Proposed New Overtime Rule.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Bloomberg Law: Obamacare Suffers Another Setback (Audio)

    Damian Myers is featured on Bloomberg Radio's "Bloomberg Law" discussing the recent Affordable Care Act legal ruling.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    AIPF 2016 Annual Meeting In Boston

    AIPF is an international association of independent specialty law firms that specialize in patent, trademark, and copyright law.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    BPLA Panel With Judge Young On Reverse Payments After Actavis

    BPLA Panel with Judge Young on Reverse Payments after Actavis.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Athletic Tape Maker Feels The Pain, Settles Misleading Advertising Suit

    Proskauer's sports law newsletter, Three Point Shot, recently covered a proposed $1.75 million settlement in a false advertising case involving athletic tape.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    A Timely Reason To Review Procedures For Risk Assessments And Vendor Contracts In Light Of The SolarWinds Attack

    As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds.
    United StatesPrivacy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Privacy Law In Saudi Arabia: A Primer For Businesses

    The article provides valuable insight into the Kingdom's privacy regime and focuses specifically on the central role Sharia plays in Saudi jurisprudence, including in the privacy realm.
    United StatesPrivacy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California "Waiting Time Penalties" Are Not Wages For Federal Income Tax Purposes

    Our colleagues over at Proskauer's ERISA Practice Center Blog have noted that a recent IRS information letter confirms that "waiting time penalties" paid under California law are not wages...
    United StatesTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Harassment And Discrimination On The Basis Of Mental Health In France

    Béatrice Pola, French & EU Employment Group partner, authored an article titled "Harassment and discrimination on the basis of mental health in France" in IEL.
    WorldwideEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP

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