January

ERISA litigation often can be challenging and intimidating to attorneys practicing in other areas of the law. However, armed with some of the basics, even non-ERISA practitioners can be prepared to identify ERISA-governed claims and comply with the basic statutory and procedural requirements under ERISA.

New Federal Rule of Evidence 502 establishes national standards governing the preservation and loss of evidentiary privileges pertaining to documents and electronically stored information in litigation. Both parties and counsel need to understand the parameters of the new rule. Wise counsel will also look for opportunities to use the new rule to help clients reduce risk and costs involved in the discovery process.

Litigation arising from and relating to government contracts continues to have a significant presence in our federal courts. However, recent developments in various courts and Congress could drastically change the nature of such litigation.