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Gwaltney’s ERISA Insight Published

Column is first in three-part series.
InsideCounsel
July 2013

Charlotte Litigation Member Larry Gwaltney is authoring a three-column InsideCounsel “Counsel Commentary” series on preparing an ERISA plan for litigation.  Gwaltney’s first column, “An ERISA plan for litigation,” published on July 29 and was featured in the “Inside SCOOP” newsletter. 

The first column overviews three factors that employers should address in ERISA plans:  administrative review and exhaustion, deferential review of plan interpretations and forum selection clauses.

“In the plan, employers have flexibility to define the obligations required of plan participants before an employer must pay benefits.  Careful drafting of an ERISA plan can provide an employer a greater likelihood of success in benefit claim litigation.”