Benefits

  • March 04, 2024

    5th Circ. May Uphold National Block On ACA Preventive Care

    The Fifth Circuit appeared open Monday to striking down Affordable Care Act requirements forcing insurers to cover a range of preventive treatments such as mammograms and HIV prevention medication, homing in on constitutional problems with how members of a task force setting coverage mandates were appointed.

  • March 04, 2024

    Teamsters Request Discovery Stay In $137M Fight With Yellow

    A Kansas federal judge should decide whether Yellow Corp.'s $137 million lawsuit against the Teamsters can survive the union's dismissal bid before making the union produce more documents, the Teamsters said, looking to pause the discovery process in litigation accusing the union of holding up a corporate restructuring.

  • March 04, 2024

    Vax Refusal Doesn't Negate Benefits, Mass. Top Court Says

    Massachusetts' highest court ruled Monday that an employee's refusal of the COVID-19 vaccine for religious reasons can be grounds for dismissal, but not for stripping them of unemployment benefits.

  • March 04, 2024

    Musk Fired Twitter Execs To Avoid $200M Bill, Suit Says

    Elon Musk fired four top Twitter executives just minutes after he closed on his deal to buy the company, now called X Corp., to avoid paying them $200 million in severance benefits, they told a California federal court Monday.

  • March 04, 2024

    Carvana, Execs Beat 'Puzzle Pleading' Investor Suit, For Now

    An Arizona federal judge dismissed for now a consolidated investor class action alleging Carvana's promised "limitless growth machine" business model was a lemon that artificially inflated its share prices long enough for its executives to sell $3.9 billion of their own stock, saying the investors need to rework their "puzzle pleading."

  • March 04, 2024

    Christian Group Nabs Injunction In EEOC Trans Care Suit

    A North Dakota federal judge said Monday a Christian business group's members no longer have to provide coverage for gender transition care because it violates their religious beliefs, granting the group a key win in its suit challenging the U.S. Equal Employment Opportunity Commission's take on federal anti-discrimination law.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Sodexo Nicotine Surcharge Suit Gets Backing From DOL

    The U.S. Department of Labor backed a proposed class action accusing food provider Sodexo of unlawfully charging employees who use nicotine $1,200 more per year for health insurance, telling the Ninth Circuit that the arbitration agreement the company wants to use to sink the case conflicts with federal benefits law.

  • March 04, 2024

    L3Harris Agrees To Pay $650K To Wrap 401(k) Class Action

    Defense contractor L3Harris will pay $650,000 to end a class action accusing it of running afoul of federal benefits law by saddling retirement plan participants with high fees and expensive investment options, according to a Florida federal court filing.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    55K Labcorp 401(k) Participants Seek Class Cert. In NC

    Tens of thousands of participants in a 401(k) plan for Labcorp employees asked a North Carolina federal court on Friday to certify the claims in their benefits lawsuit, arguing they had claims common and typical to warrant certification.

  • March 01, 2024

    Fla. Officials Say Better Process Wouldn't Stop Medicaid Cuts

    Florida health officials have urged a federal judge to toss a proposed class action brought by residents who argued state agencies cut their Medicaid coverage without proper notice, saying whatever notice the agencies might have provided, it wouldn't have made any difference in the residents' eligibility.

  • March 01, 2024

    Printing Co. Strikes Deal To End Ex-Employees' 401(k) Suit

    A Minnesota printing company has agreed to end a proposed class action alleging it unlawfully kept high-priced investment options in its employee 401(k) plan when cheaper alternatives were available, a group of former employees told a federal court.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    DC Circ. Enforces UAW Bargaining Order With Auto Parts Co.

    The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.

  • March 01, 2024

    Atty Censured Over Conduct In NFL Concussion MDL

    A Pennsylvania federal judge has rejected objections from a law firm and its principal and affirmed a special masters' determination that the attorney be censured for engaging in "questionable behavior" while trying to secure monetary awards for clients from the NFL players' concussion injury litigation settlement.

  • March 01, 2024

    Aon, Transport Co. To Pay $9M To End Workers' ERISA Suit

    A transportation company and its investment consultant will foot a $9 million bill to end a class action accusing them of running afoul of federal benefits law by replacing investment options in the company's retirement plan with subpar funds, according to a filing in Ohio federal court.

  • March 01, 2024

    18-Year Ogletree Shareholder Named ERIC Legal Group Head

    A longtime Ogletree Deakins Nash Smoak & Stewart PC shareholder has left the firm for a role as executive director of the ERISA Industry Committee's Legal Center, the group announced Friday.

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Real Estate Tech Co. Opendoor Beats Investor Suit, For Now

    Real estate marketplace giant Opendoor Technologies Inc. has beaten, for now, a suit accusing it of misleading investors about its artificial-intelligence-powered algorithm and ability to remain profitable, with an Arizona federal judge ruling that many of the challenged statements in the suit are not actually false or misleading.

  • February 29, 2024

    Duke Can't Escape Retiree's Mortality Data Lawsuit

    Duke University can't toss a retiree's suit alleging it underpaid former employees millions by using outdated mortality data to calculate their retirement benefits, a North Carolina federal judge said Thursday, ruling that the former worker put forward enough detail showing she was harmed.

  • February 29, 2024

    Insurance Co. Settles Mass. Worker's Long COVID Suit

    Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.

Expert Analysis

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • Secure 2.0 Takeaways From DOL's 2024 Budget Proposal

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    The U.S. Department of Labor’s fiscal year 2024 budget proposal provides insight into the most pressing Secure 2.0 implementation issues, including establishment of a search database for finding lost retirement savings and developing guidance on the execution of newly authorized emergency savings accounts, say attorneys at Maynard Nexsen.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Managing Public Pension Plans During An Election Cycle

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    With the 2024 elections fast approaching, investment advisers managing public pension plan assets must consider political contributions by their personnel in order to ensure compliance with the pay-to-play rule and other statutory, regulatory and contractual requirements, say attorneys at Dechert.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • Chancery Reaffirms Very High Bar For Board Liability On Deal

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    The Delaware Court of Chancery's recent decision in a Block shareholder's suit over the purchase of Tidal serves as a reminder that an independent and disinterested board will not have liability unless it did not act in good faith — even when the court strongly criticizes flawed processes and the business decision, say attorneys at Fried Frank.

  • Indemnification In Exec Separation Deals: Read The Fine Print

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    The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.

  • Benefits And Beyond: Fixing Employee Contribution Failures

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    Employers must address employee contribution failures promptly in order to avoid losing significant tax benefits of 401(k) or 403(b) plans, but the exact correction procedures vary depending on whether contributions were less than or greater than intended, say attorneys at Seyfarth Shaw.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Weighing The Risks Of AI For Employee Benefits Admin

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    Although artificial intelligence has the potential to transform employers' administration of benefits, with these opportunities come great risks related to Employee Retirement Income Security Act fiduciary duties and preemption considerations, making the evolving state law landscape even more critical, say attorneys at Michael Best.

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