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Donald P. Carleen, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes that one of the more difficult ERISA issues arises upon judicial review of a decision made by a plan administrator with a conflict of interest. The courts have long struggled with the question of what standard of review is appropriate when plan participants seek judicial review of a denial of benefits.
March 14, 2007 at 12:00 AM
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