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Expert Analysis

• 6th Circ. ERISA Ruling Shows Scope Of Fiduciary Liability

  

  The Sixth Circuit's recent partial revival of a widow's lawsuit alleging Walmart violated federal benefits laws serves as a stark reminder of how those who are only supposed to perform ministerial functions can inadvertently expose themselves to fiduciary liability by undertaking fiduciary actions, say Samantha Kopacz and Nhan Ho at Miller Canfield.

• And Now A Word From The Panel: MDL Travel

  

  The Judicial Panel on Multidistrict Litigation’s return to in-person proceedings, as well as a recent petition in an insurance-related MDL, highlight an important question about whether the panel will continue to consider travel convenience as a relevant factor in venue decisions after two years of virtual hearings, says Alan Rothman at Sidley.

• Employer Travel Benefits Options For Abortion Care Post-Roe

  

  Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

• ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

  

  The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

• Lessons For Gov't Contractors Amid Increased Antitrust Risk

  

  A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

• Private Insurers Must Watch Out For Medical Equipment Fraud

  

  Recent trends indicate that it is extremely rare for the government to prosecute those involved in health care fraud against private insurers, especially in cases involving durable medical equipment, so private insurers must take steps to investigate and detect fraudulent schemes, says Michael Vanunu at Rivkin Radler.

• 4th Circ. ERISA Ruling Shows Plan Discretion Is Not Limitless

  

  The Fourth Circuit’s recent decision in Garner v. Central States, holding that a benefit plan had abused its discretion in denying a claim for surgery, clarifies that the Employee Retirement Income Security Act's review standard is not a rubber stamp of plan determinations, and shows where the outer limits of discretion end, says Mark DeBofsky at DeBofsky Sherman.

• Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

• How Law Firms Can Employ More Veterans

  

  Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

• Enviro Assessment Rule May Help Lower Buyers' PFAS Risks

  

  The U.S. Environmental Protection Agency's new rule incorporating the latest American Society for Testing and Materials standard for Phase I environmental site assessments should be helpful for purchasers of real property seeking greater protection against liability for per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

• Associates, Look Beyond Money In Assessing Lateral Offers

  

  In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

• 1 Year Shows Ford Ruling Didn't Change Personal Jurisdiction

  

  Federal decisions issued in the year since the U.S. Supreme Court's Ford Motor v. Montana opinion support Justice Elena Kagan's insistence that the ruling simply applied precedent and did not create a new standard for evaluating specific personal jurisdiction as some feared, say attorneys at DLA Piper.