News and Insights

Law360 Taps Six Jenner & Block Lawyers for Editorial Boards

Law360 selected six Jenner & Block lawyer to serve on the publication’s 2022 editorial advisory boards. As members, they will provide feedback on Law360’s coverage and serve as on-the-record sources for reporters. ...READ MORE

“ERISA Release of Claims Is No Match for Breach of Fiduciary Duty Allegations: Ninth Circuit Joins Seventh and Eighth Circuits in Requiring Consideration of Alleged Fiduciary Misconduct in Determining Enforceability of ERISA Releases,” Employee Relations Law Journal

In an article for Employee Relations Law Journal, Partner Joseph Torres, Special Counsel Jennifer Beach, and Associate Jeff Salvadore discuss a recent Ninth Circuit Court of Appeals decision regarding enforceability of releases of ERISA claims, examining the Court’s holding and offering key takeaways for plan sponsors, fiduciaries, and ERISA practitioners....READ MORE

“New in Name Only: The Ninth Circuit Reaffirms Derivative Standing to Sue Under ERISA, While Relabeling It Derivate ‘Authority to Sue’” Employee Relations Law Journal

In an article for the Employee Relations Law Journal, Partner Joe Torres, Special Counsel Jenny Beach, and Associate Jacob Wentzel discuss the implications of the recent ERISA decision by the Ninth Circuit in South Coast Specialty Center, Inc. v. Blue Cross of California. The court addressed whether and when a plan participant can assign a right to sue to a third-party medical provider. ...READ MORE

“Maybe There’s a Leg to Stand on After All: US Court of Appeals for the Ninth Circuit Allows Non-Health Care Providers to Assert Derivative Standing to Bring Out-of-Network ERISA Claims,” Employee Relations Law Journal

In this article, Jenner & Block Partner Joe Torres, Special Counsel Jennifer Beach, and Associate Jacob Wentzel examine a recent decision by the US Court of Appeals for the Ninth Circuit that may expand the scope of derivative standing. The authors first provide background on out-of-network provider claims. They then discuss the Ninth Circuit’s decision, including the ability of a “successor in interest arising out of the provider’s bankruptcy” to seek reimbursement from insurance companies at t...READ MORE