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ARTICLE · 05 OCTOBER 2018

ERISA Newsletter (Third Quarter 2018)

Proskauer Rose LLP
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In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the course of ERISA litigation, as well as many related areas of practice.

United StatesLitigation, Mediation & Arbitration
Stacey Cerrone
Stacey Cerrone
Russell Hirschhorn
Russell Hirschhorn
Myron Rumeld
Myron Rumeld
Howard Shapiro
Howard Shapiro
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EDITOR'S OVERVIEW

In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the course of ERISA litigation, as well as many related areas of practice. Well, here we are headed into the fall and all eyes continue to be focused on President Trump's nominee and the FBI investigation that is underway to see what it will discover about the nominee. While observing these global developments, we also continue to consider developments with respect to the more enduring features of our day-to-day practice. We take this opportunity to discuss electronic discovery as applied to the litigation of employee benefit disputes. This issue may not be as interesting to some as the FBI investigation currently underway, but, as discussed below, plan sponsors and fiduciaries are well advised to understand the importance it may play in litigation.

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