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Results:1-10 of 141

Eighth Circuit decision on“cross-plan offsetting” illustrates importance of careful plan drafting
  • Proskauer Rose LLP
  • USA
  • January 24 2019

The U.S. Court of Appeals for the Eighth Circuit recently weighed in on a practice for recovering health plan overpayments known as “cross-plan


Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes
  • Proskauer Rose LLP
  • USA
  • December 21 2018

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are


NLRB Issues Strategic Plan for Coming Years
  • Proskauer Rose LLP
  • USA
  • December 13 2018

The NLRB recently made public its NLRB Strategic Plan FY 2019-FY2022 wherein it states it wants to reduce time to handle cases before it by 5 per


Not a Foreign Concept: Court Orders Production of Native ESI Files to Verify That Data Had Not Been Manipulated
  • Proskauer Rose LLP
  • USA
  • August 17 2016

A common issue in almost any case involving the production of electronically stored information ("ESI") is the format in which the parties will


New York’s Commercial Division Requires Motion to Seal When Redacted Documents are Filed
  • Proskauer Rose LLP
  • USA
  • July 20 2016

The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option


Health and Human Services, Labor and Treasury Departments Release New Summary of Benefits and Coverage Templates and Accompanying Documents
  • Proskauer Rose LLP
  • USA
  • May 26 2016

The Departments of Health and Human Services ("HHS"), Labor ("DOL"), and Treasury (the "Departments") have jointly released final changes to the


DOL begins enforcing the ACA through plan audits
  • Proskauer Rose LLP
  • USA
  • April 17 2012

Recent written audit requests to health and welfare plans from the U.S. Department of Labor (DOL) have included inquiries related to various mandates under the Affordable Care Act (the ACA or the Act).


Estate of Beybom, 2011-839e, NYLJ 1202516821017, at 1 (N.Y. Surr. Ct., Suffolk County, Aug. 26, 2011)
  • Proskauer Rose LLP
  • USA
  • November 15 2011

The Suffolk County Surrogate’s Court has found that a witness to an SCPA 2307-a disclosure form may be affiliated with the nominated attorneyfiduciary.


Reconciling obligations relating to the production of documents under ERISA 104(b)(4) versus the claims regulation, 29 C.F.R. 2560.503-1
  • Proskauer Rose LLP
  • USA
  • November 7 2011

There are a few issues raised by the need to comply with both the statutory provision and the regulation governing the production of documents in response to participant requests: who is required to produce what, when, and who is the entity liable for damages?


The Supreme Court’s decision in Cigna Corp. v. Amara
  • Proskauer Rose LLP
  • USA
  • November 7 2011

Amara was a very significant decision in several respects.