Expert Analysis

• Weighing The Risks Of AI For Employee Benefits Admin

  

  Although artificial intelligence has the potential to transform employers' administration of benefits, with these opportunities come great risks related to Employee Retirement Income Security Act fiduciary duties and preemption considerations, making the evolving state law landscape even more critical, say attorneys at Michael Best.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• What Courts Say About Workers' Comp And Medical Marijuana

  

  Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.

• What's Next For 5th Circ.'s ACA Preventive Care Suit

  

  The Fifth Circuit's high-profile Braidwood v. Becerra case has significant ramifications for Affordable Care Act coverage requirements, and there is precedent to suggest that it could be ultimately decided by the U.S. Supreme Court, says Nicholas DiCarlo at Zuckerman Spaeder.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Opinion

  6th Circ. Judge Correctly ID'd ERISA Civil Procedure Conflict

  

  While the Sixth Circuit in Tranbarger v. Lincoln Life & Annuity recently affirmed a ruling that denied the plaintiff's disability benefits, one judge's concurrence should be commended for arguing that adjudication of such Employee Retirement Income Security Act cases fundamentally contradicts the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.

• Key Takeaways From Del. Chancery's Oracle Toss

  

  The Delaware Chancery Court's recent finding that Oracle founder Larry Ellison didn't try to influence the company to overpay for its NetSuite acquisition offers important lessons on the determination of issues of control, including the importance of establishing an independent special committee, say attorneys at Fried Frank.

• How REITs Can Prep For SEC's Repurchase Disclosure Rules

  

  With real estate investment trusts' share repurchase activity on the rise, REITs should beware the potential enforcement risks that may arise from the U.S. Securities and Exchange Commission's new rules requiring additional disclosures regarding such repurchases, says Zach Swartz at Vinson & Elkins.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• Peeling Back The Layers Of Rep. George Santos' Indictment

  

  Federal prosecutors' recent 13-count criminal indictment of Rep. George Santos reflects a focused, even simplified approach, showing the kind of careful scrutiny that charges against sitting members of Congress always merit, and leaving open questions about potential charges other enforcers could bring, say Rob Walker and Caleb Burns at Wiley.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• ERISA Ruling Shows Why Insurers Must Justify Claim Denials

  

  The Tenth Circuit's recent decision in D.K. v. United Behavioral Health imposed a long-overdue measure of accountability on health insurers by holding that Employee Retirement Income Security Act compliance requires responding to the medical opinions of the beneficiary's treating doctors before denying claims, says Mark DeBofsky at DeBofsky Law.

• Takeaways From New Fla. Pharmacy Benefit Manager Rules

  

  A recently passed Florida law imposes several new requirements on pharmacy benefit managers, necessitating practical considerations that range from potential license application delays to possible trade secret exposure, say Thomas Range and Bruce Platt at Akerman.

• Roadblocks For Cannabis Employers Setting Up 401(k) Plans

  

  Though the Internal Revenue Code and the Employee Retirement Income Security Act generally allow cannabis businesses to establish 401(k) plans for their employees, companies must still pick their way through uncertainties around tax deductions and recruiting reliable vendors, say attorneys at Shipman & Goodwin.