Equity Aids the Vigilant: The Supreme Court's Montanile Decision And Its Lessons for ERISA Plans' Efforts To Recover Medical Payments

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Equity Aids the Vigilant: The Supreme Court's Montanile Decision And Its Lessons for ERISA Plans' Efforts To Recover Medical Payments

February 12, 2016

By Igor V. Timofeyev, Eric R. Keller & Mark Poerio

After the U.S. Supreme Court’s opinion in Board of Trustees of the National Elevator Industry Health Benefit Plan holding that ERISA prohibits suits by benefits plans where the beneficiary spent the settlement money on nontraceable items, lawyers from Paul Hastings suggest that plans enhance their monitoring efforts, review the adequacy of their subrogation clauses and act promptly when seeking reimbursement from plan participants.

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Regulatory Scrutiny of Language Discrimination in the Marketing and Offering of Consumer Financial Products and Services

The U.K. Diverted Profits Tax - Political But is it Practical?

Not Just Refrigerators and Light Bulbs: Connected Vehicles as an Extension of the Internet of Things

The Calculus of Going Hostile: Recent Lessons from the Field

White House Notifies Congress of Intent to Rescind Cuba’s Status as State Sponsor of Terrorism – But Significant Roadblocks Remain

Supreme Court Opinion on Preclusive Effect of TTAB’s Registration Decisions Has Important Implications for Trademark Owners

Guideposts for Handling Corporate Investigations - ABA's Litigation Journal

Revisions to California’s Heat Illness Prevention Standard To Take Effect on May 1, 2015

CFTC Action Against Kraft May Be an Important Early Test of CFTC’s New Anti-Fraud Authority

The Video Privacy Protection Act - Recent Decisions Further Narrow The Contours Of Liability

Key Trends in BSA/AML Compliance: Heightened Regulatory Expectations as Industry Growth Presents New Challenges

Are You Being Served?: Appellate Courts Consider Whether the Federal Rules of Criminal Procedure Authorize Service on Foreign Defendants Through Domestic Subsidiaries, But Larger Question Looms

CFPB’s Public Complaint Database Likely to Amplify Consumer Voice But Muffle Effective Provider Responses

CFPB Releases its First Regulatory Proposals Under its UDAAP Authority - Proposing to Level the Playing Field for Payday Loans, Vehicle Title Loans, and Certain High-Cost Installment and Open-End Loans

The Iran Accord—What It Means for Our Clients

Alternatives for U.S.-Listed Mainland Companies Pursuing Listings in Hong Kong

CFPB Treatment of Confidential Supervisory Information: Comparative Analysis and Overlapping Jurisdiction of the Federal Banking Agencies

Have I Been Served? The Ninth Circuit Agrees to Clarify Process of Service for International Entities in USA v. The Public Warehousing Company, KSC

Quick Fixes Implemented, New Rules on the Way for PTAB Trial Practice

Commerzbank, Schlumberger Settlements Mark Acceleration of Sanctions-Related Enforcement Activities

Rules Governing Fracturing Conducted on Federal Lands Become Effective June 24

It Keeps Going and Going and Going—Second Circuit Reaffirms Stringent Scienter Standard for Securities Fraud Claim Against Auditors of Battery Company

The Short, Unhappy Life of the Recent Appraisal Trend

Supreme Court Rejects EEOC Guidance on Light Duty Assignments for Pregnant Employees

Not Finished With You Yet—The U.S. Government Extends its Deferred Prosecution Agreement With Biomet, Inc., Again Underscoring the FCPA Risks in Life Sciences

Viability of The Federal Government’s Most Recent Foray into Hydraulic Fracturing: The Department of the Interior Issues a Final Rule on Hydraulic Fracturing for Federal and Tribal Lands

The Future of Italian Mutual Banks

FCC Releases Order Subjecting Broadband Internet Access Services to Greater FCC Oversight

Global Offering of Shares Listed on the Korea Exchange

E-Discovery in Government Investigations: An Introduction

Have the CFPB’s Recent Rewards for So-Called “Responsible Conduct” Created a New Consideration for Officers and Directors Seeking to Meet Their Fiduciary Duties?

Investigations by the U.S. Securities and Exchange Commission

Agencies Can Revise, Or Abandon, Prior Regulatory Interpretations Without Notice-And-Comment Rulemaking, Says Supreme Court

Department of Labor Finalizes Rule for Handling SOX Retaliation Claims

IRS Ends Moratorium on Private Letter Rulings Related to Qualifying Income for Master Limited Partnerships

Forcing Agreement: Limitations on the Ability to Bind Non-Consenting Delaware Stockholders to Post-closing Obligations in a Private Merger

Peeling the Onion: Appellate Lawyers' Take on Disparate Cases

The SEC’s Proposed Disclosure Rules for Hedging Transactions by Directors, Officers, and Employees

Employers Should Be Aware of Recent Changes and Additions to Key D.C. Employment Laws

Advice on What You Don't Want to Buy

Cross-Border M&A is Getting More Complicated

Proposed Rulemaking by the Bureau of Economic Analysis Could Result in Mandatory Reporting Obligations for Large Swath of U.S. Financial Services Providers

The Federal Circuit Offers Guidance on Appealability and the Claim Construction Standard in Inter Partes Review Proceedings

For More Information:

Eric R Keller

Email

+1 202 551 1770
Igor V Timofeyev

Email

+1 202 551 1792

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