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Expert Analysis

• 4th Circ. ERISA Ruling Shows Plan Discretion Is Not Limitless

  

  The Fourth Circuit’s recent decision in Garner v. Central States, holding that a benefit plan had abused its discretion in denying a claim for surgery, clarifies that the Employee Retirement Income Security Act's review standard is not a rubber stamp of plan determinations, and shows where the outer limits of discretion end, says Mark DeBofsky at DeBofsky Sherman.

• Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

• How Law Firms Can Employ More Veterans

  

  Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

• Enviro Assessment Rule May Help Lower Buyers' PFAS Risks

  

  The U.S. Environmental Protection Agency's new rule incorporating the latest American Society for Testing and Materials standard for Phase I environmental site assessments should be helpful for purchasers of real property seeking greater protection against liability for per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

• Associates, Look Beyond Money In Assessing Lateral Offers

  

  In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

• 1 Year Shows Ford Ruling Didn't Change Personal Jurisdiction

  

  Federal decisions issued in the year since the U.S. Supreme Court's Ford Motor v. Montana opinion support Justice Elena Kagan's insistence that the ruling simply applied precedent and did not create a new standard for evaluating specific personal jurisdiction as some feared, say attorneys at DLA Piper.

• SEC's Climate Rules Promote Compliance, Not Real Change

  

  Compliance with the U.S. Securities and Exchange Commission’s proposed new rules requiring corporate disclosures of activities and risks associated with climate change will be performative, and the flawed rules will fail at their primary purpose — giving investors and stakeholders actionable information, say Nir Kossovsky and Denise Williamee at Steel City Re.

• Cos. In Port Areas Face Growing Longshore Act Claims Risk

  

  Trucking companies and other businesses with operations located near waterfront cargo terminals should be aware that courts' inconsistent application of the Longshore and Harbor Workers' Compensation Act could increase their exposure to workers' compensation litigation, says Matthew Malouf at Bauer Moynihan.

• What Ohio's 'Surprise Billing' Ban Means For Providers

  

  Ohio's new law prohibiting certain out-of-network billing practices presents some difficult issues for providers — especially rural providers — to navigate, and likely will lead to inconsistent reimbursement rates and considerable administrative costs, say attorneys at Dinsmore.

• SG Must Take A Stand On Medical Cannabis Reimbursement

  

  The solicitor general's expected brief in Musta v. Mendota Heights Dental Center — on whether the U.S. Supreme Court should resolve how federal drug laws affect state laws requiring workers’ compensation benefits for medical marijuana treatment — will need to make a clear recommendation, because the cannabis industry can no longer tolerate half measures, says David Standa at Greenspoon Marder.

• Best Practices For Boards, Execs After SEC's Cyber Proposal

  

  The U.S. Securities and Exchange Commission's recently proposed cybersecurity disclosure rules signal that officers and directors, not just companies, may find themselves in the SEC's crosshairs over cyber incidents and disclosure failings, but several best practices and steps can help minimize their risk, says Matthew Dunn at Carter Ledyard.

• A Workers' Comp. Defense Refresher For Georgia Employers

  

  With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.