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ERISA Watch – Fourth Circuit Rules that Top-Hat Plan Can Change Crediting Rate Used to Calculate a Participant’s Payout

This week’s notable decision, Plotnick v. Computer Scis. Corp. Deferred Comp. Plan for Key Executives, No. 16-1606, __F.3d__, 2017 WL 5162581 (4th Cir. Nov. 8, 2017), required the Fourth Circuit…

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ERISA Watch – Plan Is Entitled to Recover Its Appellate Attorneys’ Fees for Time Spent Defending Fee Award

Last week’s notable decision was about attorneys’ fees.   This week’s notable decision is also about fees:  Micha v. Sun Life Assurance of Canada, Inc., No. 16-55053, __F.3d__, 2017 WL 4896481…

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ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)

Show me the money!  Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…

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Bay Area Cancer Connections Presentation: Disability Benefits & Employment Leave Laws

Today, our attorney Michelle Roberts and our colleague, Kathy Chao, presented on disability benefits and employment leave laws at the Bay Area Cancer Connections in Palo Alto, CA.  To view…

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ERISA Watch – Court Rules That Disability Claimant Is Entitled to Discovery about Insurance Company’s Attorney-Client Communications

What do you get when you cross the band No Doubt, the singer Neil Young, and a financially conflicted disability insurance company? Give up? The answer:  An awesome discovery order.…

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ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable

This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…

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