Joshua Bachrach: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Joshua Bachrach

Phone215.606.3906

Peer Rating
 4.9/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Appellate
  • Life, Health, Disability & ERISA
 
Contact InfoTelephone: 215.606.3906
Fax: 215.627.2665
http://www.wilsonelser.com/attorneys/joshua_bachrach
 
University Temple University, B.A., 1986
 
Law SchoolWidener University School of Law, J.D., cum laude, 1993
 
Admitted1993, Pennsylvania and New Jersey; U.S. District Court, Eastern and Western Districts of Pennsylvania; U.S. District Court, District of Colorado; U.S. District Court, Eastern and Western Districts of Michigan; U.S. District Court, District of Nebraska; U.S. District Court, District of New Jersey; U.S. District Court, Eastern, Northern, Southern and Western Districts of New York; U.S. District Court, District of North Dakota; U.S. Court of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits; U.S. Supreme Court
 
Memberships 

Memberships & Affiliations

American Bar Association
DRI: The Voice of the Defense Bar

 
Biography

Joshua B achrach represents clients in state and federal courts throughout the United States in litigation involving ERISA and non-ERISA disputes over disability, life and health coverage as well as disputes over pension benefits. Josh also represents insurers in coverage and bad faith litigation. He is a frequent speaker at national seminars on ERISA-related subjects and has written numerous articles on ERISA and related topics.

Josh is regarded as a valuable resource based on his knowledge of ERISA, life, health and disability law as well as his appellate work. He is often engaged nationally in litigation matters and he is frequently consulted to evaluate issues prior to the commencement of litigation. Josh has personally handled several hundred ERISA cases nationally.

Areas of Focus

Appellate
Josh has argued appeals before nearly all of the U.S. Courts of Appeals as well as the Supreme Court of Alaska and Pennsylvania appellate courts.

Life, Health, Disability & ERISA
Josh is national counsel for several major disability and life insurers. In that capacity he represents clients in all phases of litigation throughout the United States. In addition, he consults with clients on issues involving claim administration and plan language. Josh also provides representation and advice to self-funded employee benefit plans.

Awards & Distinctions

AV Preeminent Rated by Martindale-Hubbell
Program Chair for the 2015 DRI Life, Health, Disability and ERISA Seminar
Former editor-in-chief of the ABA-TIPS Law Journal
Former chair of the Health and Disability Law Committee of the ABA TIPS Section

Publications

Third Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards

Attorney Fee Awards in ERISA Cases

May 14, 2015

The Third Circuit has opened the door to fee recoveries in ERISA cases in a way not contemplated by previous law. The court decided that a party can achieve success on the merits without any judicial action and that the defendants' voluntary payment of interest is sufficient to make the claimants eligible for attorney fees.

Seller Beware: Eighth Circuit Finds Insurer Potentially Liable for Enrollment Mistakes of Employer

Insurer Potentially Liable for Enrollment Errors

February 27, 2015

In a 2014 case, the Eighth Circuit joined a number of other circuits in recognizing equitable remedies of reformation and surcharge based on a breach of fiduciary duty under ERISA. A claim for supplemental life insurance benefits under the employer's group policy was denied because the employee failed to submit evidence of insurability as required under the plan. However, in concluding that the plan insurer breached its fiduciary duties, the court relied primarily on the actions and omissions of the employer.

De Facto Plan Administrator Claims in the First Circuit

De Facto Plan Administrator Claims in the First Circuit

July 10, 2014

The term “administrator” is defined in the ERISA statute as “the person specifically so designated by the terms of the instrument under which the plan is operated.” If no one is named plan administrator, it is deemed to be the plan sponsor, which is usually the employer. Based on the specific definition of the term “administrator,” nearly every circuit has refused to recognize “de facto” plan administrators.

Ninth Circuit Refuses to Recognize ERISA Plan's Right to Recover Overpayment of LTD Benefits

Ninth Circuit on Recovery of LTD Benefit Overpayment

February 26, 2013

The U.S. Supreme Court's recent decision not to hear a petition for a writ of certiorari in a case in which the Ninth Circuit refused to recognize an ERISA plan's right to recover an overpayment of long-term disability benefits consistent with the terms of the applicable policy could cast serious doubts on a carrier's ability to recover such overpayments, at least in certain circumstances, particularly in the Ninth Circuit.

Comprehensive Analysis of the Ninth Circuit's Application of the Standards of Review under ERISA

Application of the Standards of Review under ERISA

December 2012

This monograph provides a comprehensive discussion of the application of the abuse of discretion and de novo standards of review for courts within the Ninth Circuit in matters governed by the Employee Retirement Income Security Act of 1974. In focusing on the opinions issued by district courts, the monograph gives insight into the type of evidence and the arguments that generally succeed, as well as the arguments that should be avoided.

A Comprehensive Analysis of the Ninth Circuit's Application of the Standards of Review Under ERISA

June 2012

ERISA Survey of Federal Courts

ABA Publishing

2012 Edition

Life, Health, Disability & ERISA Newsletter

Insurance Fraud & Group Policy Limitations

February 2010

This Life, Health, Disability & ERISA Newsletter discusses insurance fraud, important ERISA holdings, new California law on group policy, and more.

Eighth Circuit concludes that decision in Abram v. Cargill, Inc. does not apply under new ERISA regulations

April 2009 In Midgett v. Washington Group Intl Long Term Disability Plan, __ F.3d __, 2009 WL 996682 (8th Cir. April 15, 2009), the Eighth Circuit considered the amended ERISA claim regulations in deciding whether a claimant received a full and fair review of the denial of benefits. The court ultimately agreed with the Tenth and Eleventh Circuits and concluded that a plan is under no obligation to provide a claimant with copies of reports obtained during the appeal so they may comment on them prior to a final decision.

Additional Publications

“ERISA Disability Policies in California and Beyond: The Future of Discretionary Clauses,” For The Defense, DRI, February 2006

Events

Josh Bachrach to Chair DRI's Annual Life, Health, Disability & ERISA Seminar

Speaking Engagements

April 15-17, 2015

DRI'S Life, Health, Disability and ERISA Seminar

Disability Insurance Law Update

Seminars/Webinars

May 1, 2014

DRIs Life, Health, Disability & ERISA Seminar

Legal versus Factual Disabilities and the Risk of Relapse as Disabling Conditions

Speaking Engagements

January 2011

37th Annual ABA-TIPS Midwinter Symposium on Insurance and Employee Benefits

Additional Events

ERISA Survey of the Federal Circuits: A Practitioner's Guide to Emerging Issues, ABA Annual Meeting (August 2010)
Attorneys Fees Under ERISA After the Supreme Courts Decision in Hardt v. Reliance Standard Life Insurance Co., ABA-TIPS Teleconference (July 2010)
Supreme Court Update on ERISA Issues, ABA Joint Committee of Employee Benefits (July 2010)
Unique Strategies for Recurring Issues in the ERISA Claim Process, DRI Life, Health, Disability and ERISA Claims Seminar (April 2010)
The Ins and Outs of Plan Amendment and Vesting, DRI Life, Health, Disability and ERISA Claims Seminar (April 2010)
Fundamentals and Current Issues of Fiduciary Duty Litigation, DRI Life, Health, Disability and ERISA Claims Seminar (April 2010)
The Obama Administrations Impact on ERISA and Health & Disability Insurance, 36th Annual ABA-TIPS Midwinter Symposium on Issues Relating to Life, Health & Disability Insurance, Insurance Regulation, and Employee Benefits and Reinsurance (January 2010)
MythBusters: Responding to Common Plaintiff's Arguments, DRI Life, Health, Disability and ERISA Claims Seminar (April 2009)

News

Insurance Law Daily Covers Case Involving Wilson Elser's Insurer-Client Represented by Joshua Bachrach

Insurance Law Daily

July 29, 2014

 
Reported CasesRepresentative Matters: Killen v. Reliance Standard Life Ins. Co., __ F.3d __, 2015 WL 127379 (5th Cir. 2015); Hampton v. Reliance Standard Life Ins. Co., 769 F.3d 597 (8th Cir. 2014); Tetreault v. Reliance Standard Life Ins. Co., 769 F.3d 49 (1st Cir. 2014); Gross v. Sun Life Assur. Co. of Canada, 734 F.3d 1 (1st Cir. 2013); Lemons v. Reliance Standard Life Ins. Co., 2013 U.S. App. LEXIS 16409 (3d Cir. 2013); Combs v. Reliance Std. Life Ins. Co., 511 Fed.Appx. 468 (6th Cir.2013); Jimenez v. Sun Life and Health Ins. Co., 486 F. Appx 398, 406 (5th Cir. 2012); Bauer v. Reliance Standard Life Ins. Co., 421 Fed. Appx. 226 (3d Cir. 2011). Est. of Hinkle v. Assurant Employee Benefits, 390 Fed. Appx. 105 (3d Cir. 2010). Balmert v. Reliance Standard Life Ins. Co., 601 F.3d 497 (6th Cir. 2010). Gunn v. Reliance Standard Life Ins. Co., 399 Fed. Appx. 147 (9th Cir. 2010). Gagliano v. Reliance Standard Life Ins. Co., 547 F.3d 230 (4th Cir. 2008). Mohnkern v. Professional Ins. Co., 542 F.3d 157 (6th Cir. 2008).
 
ISLN900152816
 

Documents by this lawyer on Martindale.com

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Third Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards
Joshua Bachrach, May 27, 2015
Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not unfettered. Reviewing the language in the ERISA statute, the...

Seller Beware: Eighth Circuit Finds Insurer Potentially Liable for Enrollment Mistakes of Employer
Joshua Bachrach, March 5, 2015
In Silva v. Metropolitan Life Insurance Company, 762 F.3d 711 (8th Cir. 2014), the Eighth Circuit joined a number of other circuits in recognizing equitable remedies of reformation and surcharge based on a breach of fiduciary duty under ERISA. The claim for supplemental life insurance benefits...

De Facto Plan Administrator Claims in the First Circuit
Joshua Bachrach, July 17, 2014
According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for plan documents. Citing to Law v. Ernst &...


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Office Information

Joshua Bachrach

Independence Square West, Suite 1130 East
PhiladelphiaPA 19106-3308




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