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This month’s Friday Five explores decisions from around the country discussing the concept of reasonableness in various forms. One court rejected the parties’ proffered definitions of the term “working” and instead determined that a dictionary definition was reasonable. Two cases reflect courts...

Real Estate Workouts – General Session Real estate workouts and refinancing are a growing reality in EB-5. How to handle debt maturities and other issues, especially when EB-5 is subordinate in the capital stack, will be challenging. Panelists will discuss trends and case studies for EB-5 workouts...

On March 12, 2025, the U.S. Department of Homeland Security (“DHS”) issued an Interim Final Rule (“IFR”) implementing a new registration requirement (“Registration Requirement”) for certain foreign nationals to be filed with the United States Citizenship and Immigration Service (“USCIS”). The...

Saul Ewing LLP is pleased to announce that Amy Kline and Caitlin Strauss have been honored in the 2025 JD Supra Readers' Choice Awards for their exemplary authorship of The Friday Five. This prestigious award recognizes the top authors and firms for exceptional thought leadership over the past year...

This month’s Friday Five addresses cases covering ERISA preemption, the viability of a claim for benefits where the claimant alleges to have not received notice of a prior claim denial, an affirmance by the Circuit Court of a denial of benefits, and District Court reviews of decisions denying...

One mandate under the PPACA [1] required health care providers, non-grandfathered health insurance issuers and self-insured group health plans to provide consumers with access to information about the cost of services before they receive care (“Transparency in Coverage” or “TiC”). During his first...

The New EB-5 Landscape: A Path Forward for Backlogged Visa Applicants With significant backlogs in other immigration avenues, the EB-5 investor lawful permanent resident (Green Card) program has become an increasingly attractive option. The program has received new life with the passing of the EB-5...

This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive benefits decision, an equitable ERISA claim for an administrator’s payment...

In the prior article we discussed the reasoning behind creation of a health and welfare committee to oversee administration of the health and welfare plans. In creating a charter, a plan sponsor will need to decide whether to include a work plan as an exhibit to that charter as a general guide to...

Following the flurry of regulatory guidance and informal comments from officials at the Employee Benefits Security Administration, and other agencies of the Federal government, health and welfare plans should be a primary focus for plan sponsors in the upcoming year. Designating a Committee or...

This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value units” analysis warrants equitable tolling, whether the administrative record...

This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or is viewed as a severe procedural violation, and the appropriate weight...

This month’s Friday Five discusses cases involving ERISA preemption, the methodology for calculating qualified joint and survivor annuity benefits, a dispute over an attempt to supplement the record before the Court, a factual dispute precluding summary judgment on a bad faith claim, and the payroll...