State Law Claims Against Beneficiaries Not Barred by ERISA Preemption


From Berman Fink Van Horn A participant in an employee benefit plan, including a retirement plan or employer provided life insurance program, ordinarily has the right to designate a beneficiary of their account (or policy). It is reasonable to expect that the participant’s intent as to the beneficiary would be honored. However, uncertainty may arise…


Be Proactive: What to Look for in Cyber Insurance


From Berman Fink Van Horn At Berman Fink Van Horn P.C. we just completed a full-scale review of our Cyber Insurance Policy. We have had Cyber Insurance for a few years but our recent full-scale review was in part based on a meeting I attended at which Suzanne E. Spaulding spoke about cyber security. Suzanne is the…


NLRB Offers Rare Win for Employer Confidentiality Policy


From Meyers, Roman, Friedberg & Lewis It’s been a rough few years for workplace policies at the NLRB. From communication policies, to social media policies, to conduct policies, to confidentiality policies, the NLRB has, time and again, struck down facially neutral, garden variety employer policies as overly restrictive of employees’ section 7 rights to engage in protected concerted activity under the National Labor…


Do I Really Need a Survey?

Real Estate

From Berman Fink Van Horn “Do I really need a survey?” is a question I hear from time to time from clients purchasing commercial real estate, most often in the context of the purchase of operating space they are leasing or from first-time purchasers of commercial property. Generally, these clients believe that they either know…



Real Estate

From Berman Fink Van Horn In prior posts, I highlighted general concepts associated with retaining a real estate broker professional, and described different types of engagements.  Now, let’s review some of the features often present in a broker engagement agreement. Duration:  How long is your Broker being hired to represent you in the purchase, sale,…