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Expert Analysis

• 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.

• Group Plan Questions After Telehealth Coverage Extension

  

  The recently enacted Appropriations Act extends a pandemic-era provision allowing health benefit plans to provide predeductible coverage for telehealth services, but without more permanent guidance from the IRS or Congress, key questions remain about retroactive liability and long-term solutions, say attorneys at King & Spalding.

• Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• 9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

  

  The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

• ERISA Ruling Was Right To Seal Sensitive Records

  

  An Ohio federal court’s recent decision to seal the record in Price v. Hartford Life and Accident Insurance, and comparable rulings in other jurisdictions, shows that the sensitive information standard that limits access to Social Security records should apply to Employee Retirement Income Security Act claim files that are similar in nature, says Mark DeBofsky at DeBofsky Sherman.

• Supply Chain Issues Put Carmack Preemption In Spotlight

  

  As U.S. businesses continue to struggle with supply chain problems, claims for losses and damages during shipping are likely to increase — so companies should make sure they understand how the Carmack Amendment preempts most state law claims related to carrier liability for cargo loss, and what the exceptions are, says Andrew Steif at Gunster.

• Aviation Watch: How Russia Sanctions Will Affect Aviation

  

  Sanctions levied against Russia in the wake of its invasion of Ukraine will likely leave the country with almost no national air transport industry, but will also have significant impacts on the Western aviation sector as well, from complicating flight paths to jeopardizing leasing arrangements, says Alan Hoffman, a retired attorney and aviation expert.

• Why Climate Plaintiffs Are Filing Securities, Consumer Suits

  

  While U.S. climate change lawsuits against carbon majors based on public nuisance tort claims have largely ended up in a procedural and jurisdictional maze, climate plaintiffs may be more successful with claims based on state securities and consumer protection laws, say Nick Dolejsi and Kyle Espinola at Zelle.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• Ruling Highlights Key Intersection Of 2 Health Benefit Laws

  

  The First Circuit’s recent ruling in N.R. v. Raytheon, reviving claims that an insurance plan violated the Mental Health Parity and Addiction Equity Act in denying treatment for autism, shows the statute’s value as a tool for patients — and how the Employee Retirement Income Security Act can be used to litigate such cases, says Mark DeBofsky at DeBofsky Sherman.

• Courts Are Right To Reject Insurer ERISA Atty Fee Awards

  

  There has been a recent, sharp uptick in insurance companies seeking fees against unsuccessful claimants of Employee Retirement Income Security Act benefits, but this unfair tactic is correctly meeting with little or no success in the courts, says Elizabeth Hopkins at Kantor & Kantor.

• Trucking Cos. Need Stronger Insurance To Protect Public

  

  A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.