Featured Articles

On the Patentability of Computer-Generated Inventions

Stephen D. Rosenberg
July 15, 2009 21:28

So, so, so very far behind. Its even creeped onto the blog, and in particular into our serialization of The Genie In the Machine. Oh, well, better late than never. Here is the last and final installment of our semi-serialization of Robert Plotkin’s book on automated inventing, and its impact...

The Attorney-Client Privilege in Insurance Litigation

Stephen D. Rosenberg
June 15, 2010 14:29

My in-box, like most of you I assume, is inundated on a day in, day out basis with offers of webinars, seminars, and the like on every topic under the sun that the sponsors think I might even conceivably have any interest in or professional connection to. Most I ignore without even opening, as not...

How Computer-Automated Inventing is Revolutionizing Law and Business

Stephen D. Rosenberg
June 12, 2009 15:30

I have always maintained a digressions section of the blog, down in the corner of the left hand side of the blog, for the purpose of allowing me to talk about areas of my practice - like intellectual property litigation - other than those listed in the title of the blog; its also there to give me...

The Future After Hardt

Stephen D. Rosenberg
June 02, 2010 13:40

Well, everybody and their mother’s lawyer has an article, blog post or client advisory memo out on the Hardt case, and I suspect that is because, frankly, its about as easy a Supreme Court decision to understand as you can find. What’s it hold? Procedural victory requiring remand of an...

Recent Articles

Do the 1% Have the Same Rights as the 99%?

Stephen D. Rosenberg
March 15, 2012 15:08

Sorry, I couldn't’t resist that relatively timely, but already essentially clichéd headline. That said, its still an interesting way to consider the question of top-hat plans, and their status under ERISA. In particular, there is an open question in most jurisdictions with regard to...

The Tin Man's Heart

Stephen D. Rosenberg
March 14, 2012 14:54

I spoke last week at the New England Employee Benefits Council on the Department of Labor’s efforts to redefine the word fiduciary by regulation, so as to capture within that rubric more of the vendors, providers and advisors involved in the retirement industry. Overall, my sense is the...

A Perfect Storm, ERISA Style

Stephen D. Rosenberg
March 08, 2012 21:18

This is not, at this point, a novel idea, but I do take credit for being one of the first to blog regularly on the thesis that we are approaching, if haven’t by now already hit, a perfect storm when it comes to retirement benefits and ERISA. The perfect storm consists of a series of elements...

On ERISA and the Potential Liability of Senior Executives

Stephen D. Rosenberg
March 06, 2012 15:26

Susan Mangiero of FTI Consulting, who blogs at Pension Risk Matters (as well as at Good Risk Governance Pays) and is one of my favorite sources of information concerning the investment and risk management realities that lie behind the façade of ERISA governed plans, is, along with a few...

Fiduciary Prudence? 9.5 Million Reasons to Care.

Stephen D. Rosenberg
March 02, 2012 18:18

Here’s something very interesting, which I thought I would pass along with a couple of comments. It is the Court’s order concerning the proposed settlement of the class action at issue in George v. Kraft Food. George, which I discussed here, involved a particularly minute attack on the...

Speaking of New Department of Labor Regulations . . .

Stephen D. Rosenberg
February 28, 2012 16:57

By the way, I and a cast of thousands (no, not really a cast of thousands; more like a very knowledgeable cast of several) will be speaking on “New Retirement Plan Regulations and Legislation Impacting 401(k) and 403(b) Plans” on Friday, March 9th. Ed Lynch of Fiduciary...