Benefits

Expert Analysis

• A Benefits Attorney's Role In Corporate Transactions: Part 2

  Excerpt from Practical Guidance

  

  In the context of a corporate transaction, employee benefits and compensation attorneys may need to consider the treatment of benefit plans, integration issues, the purchase agreement and agreements that extend beyond the closing, says Michelle Capezza at Epstein Becker.

• A Benefits Attorney's Role In Corporate Transactions: Part 1

  Excerpt from Practical Guidance

  

  Employee benefits and executive compensation attorneys must consider a spate of issues in the context of a corporate transaction, including the due diligence process and identification of plan-related liabilities, says Michelle Capezza at Epstein Becker.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• What DOL Worker Classification Rule Means For Employers

  

  The U.S. Department of Labor's final rule on the classification of independent contractors is substantially the same as the draft proposed in September, however it adds significant clarification for two of the factors used in making the classification determination, says Roxanne Wilson at Arent Fox.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• ERISA Exhaustion Defense Still Viable In Some Jurisdictions

  

  A Georgia federal court’s recent decision in Fleming v. Rollins is a reminder that despite an ongoing circuit split, administrators facing fiduciary breach claims under the Employee Retirement Income Security Act can, in certain courts, still assert defenses based on plaintiffs' failure to exhaust a plan's administrative remedies, says Art Marrapese at Barclay Damon.

• New Laws Will Keep Calif. Employers On Their Toes In 2021

  

  California employers should start 2021 by updating their handbooks, preparing additional training and updating necessary procedures as they face a growing number of regulations around COVID-19 and workplace protection, says Mellissa Shafer at Hinshaw & Culbertson.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

• Disability Benefits Turn On Symptoms Over Diagnosis

  

  In disability benefits litigation, medical symptoms are more important than the reasons behind them, as illustrated by a California federal court's recent ruling in Myers v. Aetna, says Mark DeBofsky at DeBofsky Sherman.

• Bribery Trial Highlights SEC's Focus On Gift Violations

  

  In this brief video, Peter Chan and Karl Egbert at Baker McKenzie, and Suzan Rose at the Alternative Investment Management Association, discuss the U.S. Securities and Exchange Commission's recent trial victory in SEC v. Paulsen, a case that illustrates the agency's increasing focus on gift and entertainment expense compliance for asset managers.

• Tips For Drafting Effective Amicus Briefs

  

  Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

• Benefits-Plan Sponsors Face A Tough Year On Compliance

  

  This year, sponsors of benefits plans will need to address ever-changing rules related to fiduciary duties, defined contribution retirement savings plans, and new reporting and disclosure requirements — not to mention, work and legislative issues around the COVID-19 pandemic, says Ivelisse Berio LeBeau at The Wagner Law Group.

• 5 Trends That Will Influence E-Discovery In 2021

  

  Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.