On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act....more
The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more
8/8/2019
/ Appeals ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
First Impression ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government
The U.S. Court of Appeals for the Fifth Circuit recently addressed “the labyrinthine complexities of ERISA law and practice.” Manuel v. Turner Industries Group, LLC, et al., No. 17-30835 (5th Cir. Oct. 1, 2018). ...more
The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more
9/27/2018
/ ADEA ,
Age Discrimination ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Liquidation ,
Retirement ,
Unemployment Benefits ,
Unions
On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more
11/7/2017
/ Appeals ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Litigation ,
Injunctive Relief ,
Intellectual Property Protection ,
Irreparable Harm ,
Misappropriation ,
Preliminary Injunctions ,
Trade Secrets ,
Uniform Trade Secrets Acts
In an opinion with mixed implications for both insurers and health care providers, the U.S. Court of Appeals for the Ninth Circuit recently ruled that when plan beneficiaries assign their claims for payment of benefits to...more