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ERISA Plaintiffs' Attorneys Find Small Victories Can Be Winning Lottery Tickets
Seyfarth Shaw
Jan. 22, 2014 "Plan sponsors should consider adopting the following practices to avoid or limit potential exposure for plaintiffs' fees and costs: [1] If voluntarily reversing a benefit denial, obtain a release of attorneys' fees in exchange for agreeing to grant the benefit. [2] Emphasize that fees are unwarranted or should be reduced substantially to reflect any unsuccessful claims.... [3] Vigorously defend against allegations of bad faith ... [4] When amending plan language, state the reasons for the change, so that a participant can't argue that the plan was amended as a result of a lawsuit." MORE >> |
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