Early Career Mechanical Engineer

Ninth Circuit ruling puts benefits verification calls in legal crosshairs. ERISA won't protect plan administrators from negligent misrepresentation claims on out-of-network calls. A recent federal appeals court ruling narrows a key defense that health plan administrators and plan sponsors have long relied on to block lawsuits from out-of-network medical providers. In August 11, the US Court of Appeals for the Ninth Circuit held in Healthcare Ally Management of California, LLC v. WSP USA, Inc. that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt a negligent misrepresentation claim arising from a benefits verification call. Plan administrators in the Ninth Circuit now face potential state tort liability over what they tell out-of-network providers before treatment, and ERISA's preemption defense will not automatically dispose of those claims. The dispute arose when an out-of-network provider called the plan's administrator before surgery to confirm reimbursement rates. The administrator allegedly said the plan would pay at the usual, customary, and reasonable rate, a benchmark for what providers in a geographic area typically charge for comparable services. The provider performed the surgery and was then paid at the Medicare rate, which the provider alleged amounted to five percent of the charged amount. ERISA shields contract claims, not misrepresentation. The court drew a line between two types of claims. Claims that turn on interpreting plan terms are preempted by ERISA. Claims that turn on whether the plan administrator made an inaccurate representation are not. Because the provider's injury arose from the misrepresentation rather than from the denial of benefits, ERISA's preemption shield did not apply. That distinction carries direct operational weight for plan sponsors and their third-party administrators (TPAs). Every benefits verification call involving an out-of-network provider in the Ninth Circuit is now a potential source of state tort liability if the rate represented does not match what the plan pays. The Ninth Circuit covers the nine-state western region including California, Washington, and Oregon. The Ninth Circuit's ruling aligns it with the Fifth, Eighth, and Eleventh Circuits on negligent misrepresentation claims from verification calls. The circuit map, however, is not uniform. Just eight days later, the Sixth Circuit ruled the opposite way, holding ERISA preempted a nearly identical claim because it turned on the plan's terms. Plan sponsors whose TPAs operate across multiple circuits face different legal exposure depending on which circuit governs. That geographic patchwork is a gap brokers advising multi-state employer clients are well-positioned to raise. Three action items for plan sponsors and their brokers. International law firm Mayer Brown's analysis of the ruling identifies three concrete steps worth taking for plan sponsors and their brokers. The first is a TPA audit focused on benefits verification calls. Mayer Brown recommends plan administrators review whether their TPAs record those calls. A recording that documents what the TPA said and what disclaimers it offered could be the most effective early defense against a misrepresentation claim. Sponsors who cannot answer whether their TPA records such calls should find out now. The second is a review of what the TPA says during those calls. The court's opinion notes that plan administrators owe no fiduciary duty to out-of-network providers, but that a provider must still show it justifiably relied on what it was told. Mayer Brown advises that a TPA providing plan coverage terms in writing, with a clear disclaimer warning the provider to seek independent advice, reduces the risk that any oral statement creates liability. Sponsors should confirm their TPAs do this consistently. The third, also flagged by Mayer Brown, is a reassessment of anti-assignment clauses in plan documents. These clauses block providers from suing under ERISA by preventing them from obtaining assigned rights from plan participants. The ruling makes clear they do not block state tort claims based on a misrepresentation. Anti-assignment clauses remain useful, but they are no longer a complete backstop where the claim is grounded in what the TPA said rather than what the plan pays. Brokers advising self-funded employers and their TPAs in the Ninth Circuit states have a specific reason to start a compliance conversation now. That conversation does not require legal advice. It requires knowing which states fall under which circuit, confirming whether the client's TPA records verification calls, and checking whether those calls include written coverage disclosures and appropriate disclaimers. Those are the right questions to raise before a claim arrives.

WSP names Jess Commerford business line executive for Federal Programs; Todd Semonite appointed federal regional executive. Leadership transition strengthens WSP's focus on federal growth, client relationships and long-term continuity. Thursday, August 20, 2026 - United States WASHINGTON, D.C., August 20, 2026 - To support continued growth in its Federal Programs business while maintaining stability, continuity and momentum for employees, clients and partners, WSP has appointed Jess Commerford business line executive for Federal, succeeding Todd Semonite, who was named Federal regional executive. In his new role, Commerford oversees WSP's Federal Programs business across the U.S., supporting strategic growth, operational performance, client relationships and collaboration across business lines. Commerford most recently served as senior vice president, regional operations for WSP's Federal Programs business. He brings more than three decades of experience delivering planning, architecture-engineering, environmental, program management and operations services for U.S. federal agencies. He previously served in leadership roles for Louis Berger from 1990 through its acquisition by WSP in 2019, including chief of strategy and development and U.S. director of corporate development. "Jess is a proven leader with deep knowledge of our business, our clients and our people," said Joe Sczurko, WSP U.S. region president. "His appointment reflects the strength of our internal leadership pipeline and provides strong continuity for our Federal team as we continue to expand our impact in a rapidly evolving market." Jess Commerford WSP's Federal Programs team collaborates with federal agencies to deliver mission-critical energy infrastructure, engineer highly functional and secure facilities and government assets, foster sustainable communities and protect natural resources. Semonite has served as the WSP Federal business line executive since joining the firm in 2021. He will now transition to Federal regional executive. In this strategic, market-facing role, he will focus on advancing growth across the Federal business, strengthening relationships with government clients and industry partners and supporting WSP's global defense initiatives. "Todd has been instrumental in shaping WSP's Federal business and elevating our position in the market," Sczurko said. "His distinguished career, both in military service and at WSP, reflects a commitment to our nation and its most critical missions that is unmatched. His experience and deep understanding of client priorities have made him a trusted advisor across the Federal sector. He will continue helping our clients and business navigate the opportunities ahead." He previously served as the 54th Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers, where he advised the Secretary of the Army on engineering, construction, public infrastructure and natural resources matters, and oversaw 36,000 civilian employees, 800 military personnel and a $68 billion project portfolio. In 2020, he led the Army Corps of Engineers' response to the coronavirus pandemic, including the construction of 38 alternate care facilities that created 15,000 beds for COVID-19 patients across the U.S. Todd Semonite At WSP, Semonite has played a pivotal role in shaping and strengthening the Federal business, including establishing the U.S. Federal business line, building a strategic key account program focused on federal and defense clients, supporting defense opportunities across WSP's global operations and fostering a culture of performance, professional development, training and compliance. "This transition gives WSP the best of both worlds: Jess's proven operational leadership and Todd's continued strategic focus on growth, relationships and market opportunities," Sczurko said. "Together, they position our Federal business to build on its strong foundation while preparing for the opportunities ahead." WSP's Federal business supports complex and consequential projects, serving clients across defense, infrastructure, environmental, energy and emergency management sectors. The firm has helped plan and deliver military installations, healthcare and research facilities, resilient energy systems, disaster recovery programs and environmental restoration initiatives, while providing program management, engineering and technical services that advance critical federal missions in the U.S. and abroad. Projects have included the U.S. Madawaska Land Port of Entry; Federal Emergency Management Agency hurricane emergency response; wildfire recovery services for the California Department of Resources, Recycling and Recovery; and integrated emergency power support and long-term resilience planning for Guam. About WSP in the U.S. WSP is one of the world's leading engineering, science and infrastructure solutions firms, uniting its multidisciplinary expertise to shape communities to advance humanity. From local beginnings to a globe-spanning presence today, WSP operates in more than 50 countries and employs approximately 83,000 professionals, known as Visioneers. WSP in the U.S.'s team of approximately 27,000 professionals pioneer solutions and deliver innovative projects across the transportation, infrastructure, environment, building, energy, water, and mining and metals sectors.

WSP is the new tenant at Skyliner II. The company has leased over 1,100 sq m of space. Publication date: 19.08.2026 Skyliner II gains another tenant. WSP Polska, one of the world's leading providers of professional engineering, consultancy and scientific services, has signed a lease agreement with Karimpol Polska for 1,105 sq m of office space on the 12th floor of the new tower in the Skyliner complex. The new office will serve as another WSP headquarters in Warsaw and will provide space for a team of specialists working on projects in areas including engineering, infrastructure, the environment and sustainable development. WSP is a global professional services firm, bringing together engineers, consultants and scientists working on projects that shape the future of communities around the world. The company employs 83,000 people and carries out projects on every continent. WSP works with clients across more than 100 sectors and offers services covering, amongst others, construction and property, energy and resources, industrial facilities, the environment, and transport and infrastructure. WSP has been operating in Poland since 1999, and the company's Warsaw headquarters serves as the hub for the Polish team's activities. WSP Poland currently employs over 140 engineers and consultants specialising in areas such as mechanical and electrical engineering, structural engineering, the environment, sustainable development, infrastructure, project and construction management, and digital solutions. The company undertakes both local and international projects, working with developers, architects and public bodies. - "Choosing Skyliner II as WSP's new headquarters is a natural step in the company's development and a response to the needs of our team. We were keen to find a space that would provide comfortable working conditions, reflect the character of our organisation, and allow us to further develop collaboration and the exchange of knowledge. Skyliner II combines a high-quality working environment, modern technical solutions and a convenient location in the centre of Warsaw. We are delighted to join the ranks of this project's tenants and believe that the new office will be a good place for WSP's continued growth in Poland," says Grzegorz Wieczorek, Chief Operating Officer and Member of the Management Board of WSP Poland. - "We are delighted that WSP is joining the ranks of Skyliner II's tenants. This partnership is particularly valuable because WSP's activities focus on designing solutions that address the most significant challenges facing modern cities - from energy efficiency and sustainable construction, through infrastructure and transport, to adaptation to climate change." The fact that a company with such strong technical and environmental expertise has chosen Skyliner II confirms to us that the development meets the expectations of organisations which view office space not only in terms of location and standard, but also in terms of its environmental impact and the comfort of its users. Skyliner II, developed in accordance with the highest standards of sustainable development and powered entirely by renewable energy, fits well within this perspective," says Harald Jeschek, Managing Partner of the Karimpol Group. WSP is involved in the delivery of many significant projects in Poland. The company has participated, amongst other things, in the design of the structural, plumbing and electrical systems for the Museum of Polish History in Warsaw, the new headquarters of CD PROJEKT RED, as well as the Manufaktura project in Łódź and the 3T Office Park in Gdynia. WSP also supports the energy transition of businesses and the development of renewable energy sources, as well as carrying out projects in the fields of infrastructure and environmental protection. WSP's new headquarters will occupy 1,105 sq m on the 12th floor of the new office building. Newmark and the law firm Eversheds Sutherland represented WSP Polska in the letting process. CBRE and the law firm Argon Legal advised Karimpol Polska on the transaction. Skyliner II is the next phase of the Karimpol Group's flagship development in Warsaw and will complement the complex's first skyscraper, creating a total of 73,000 square metres of modern office and retail space. The building will stand 130 metres tall and comprise 28 storeys, offering approximately 24,000 square metres of lettable space. The vast majority - around 23,000 square metres - will be allocated to office space, whilst nearly 1,000 square metres will be occupied by retail and service premises on the ground floor. Green terraces have been designed for the upper floors. The building will be connected to the first tower by a shared podium covering 4,500 square metres, which will house facilities accessible to both tenants and the local community. The complex will also offer a five-level underground car park with 217 parking spaces and 100 bicycle parking spaces. The Skyliner II project is being carried out in accordance with the highest standards of sustainable construction. The building has been awarded a BREEAM New Construction certificate at the 'Outstanding' level and, like Skyliner I, will be powered entirely by renewable energy. APA Wojciechowski Architekci is responsible for the architectural design, WARBUD S.A. is the main contractor, and Hill International is providing project management services. Completion of the Skyliner II construction project is scheduled for the fourth quarter of 2026.