Are you looking for someone to invest in your new company or help expand your business? Landing private equity (PE) financing can be like preparing for your high school prom. To impress that special someone you have admired, you…more
In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before…more
You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework…more
You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount the…more
Employers must begin using the new version of Form I-9 on May 7, 2013. U.S. Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS) announced publication of the revised Form I-9 for…more
Will Rogers once said, “Everything is funny as long as it is happening to somebody else.” Employee wage and hour class actions and government audits are never funny. Just ask the president of a sheetrock company sentenced in…more
The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third…more
Following are some highlights for the comprehensive bipartisan immigration reform bill introduced in the Senate on April 17, 2013.
H-1B Cap Raised, but New Restrictions on Temporary H-1B Workers. In an effort promote…more
The claimant seeking long term disability benefits under your ERISA Plan was found to be disabled by the Social Security Administration…more
One option is wellness programs, which provide employees with incentives to engage in healthy behaviors. These programs have spread in both size and importance. According to one survey, 68 percent of employers provided employees…more
On April 4, 2013, in the Allergan decision, the Delaware Supreme Court reversed the Court of Chancery’s ruling last year that the dismissal of a shareholder derivative action in California did not preclude other stockholders…more
Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington…more
What does “full and fair” review during an ERISA appeal mean?
Before the appeal decision is made, does the administrator have to disclose to the claimant medical opinions obtained during an appeal? Not if that opinion…more
U.S. Customs and Border Protection (CBP) has officially announced its intent to eliminate its use of paper I-94 arrival/departure cards, now given to temporary foreign visitors and workers at the time of their admission to the…more
Why is CBP eliminating paper I-94 cards? CBP believes that filling out and issuing paper I-94 cards is an unproductive use of time, for both government officers and travelers. As part of post-9/11 initiatives put in place…more
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