Greenberg Traurig is proudly sponsoring the Energy & Mineral Law Foundation’s 2024 Fall Symposium at the Central Bank Convention Center in Lexington, Ky. taking place Oct. 15-17.
Litigation shareholders Michael Pusateri and Will Prochot will host a discussion titled “Going Rogue: DOL’s Efforts to Avoid Black Lung Trust Fund Liability for Failed Self-Insurers.” Their discussion will look at how, following the bankruptcies of several self-insurers, the U.S. Department of Labor has changed its policy regarding the trigger for self-insurance coverage without notice and comment rulemaking to avoid Trust Fund liability for DOL’s mismanagement of the BLBA self-insurance program. The discussion will cover DOL’s prior approach to self-insurance liability and its retroactive and illegal policy change that blurs the difference between self-insurance and commercial insurance and creates perpetual parental liability for self-insured parents for former subsidiaries. The discussion also will address recent developments in the case law addressing the legality of DOL’s policy change.