Benefits

  • February 08, 2024

    Transport Co. Agrees To Settle Workers' Retirement Plan Suit

    Former transportation company employees told an Ohio federal court Thursday they reached a deal with the company to end a class of workers' lawsuit alleging the company followed the poor advice of its investment consultant in replacing most of its retirement plan options with subpar funds.

  • February 08, 2024

    Tech Co.'s 401(k) Committee Dodges Workers' Fee Suit

    A Georgia federal judge tossed out a proposed class action brought by two former technology company workers who claimed the company's 401(k) committee allowed the plan to be saddled with unlawfully hefty fees, saying they failed to show they went through the proper internal channels before filing suit.

  • February 08, 2024

    Wellstar Beats Whistleblower Retaliation Claim By Ex-Exec

    A Georgia federal judge has scuttled claims from a former Wellstar Health Group executive who said he was fired after blowing the whistle on the healthcare system's questionable procurement practices, finding the company had plenty of grounds to terminate him over his "abrasive" management style.

  • February 08, 2024

    Uber, Lyft Get May Trial Date In Mass. Worker Status Suit

    A lawsuit claiming Uber Technologies and Lyft Inc. break Massachusetts employment law by treating drivers as independent contractors rather than full-fledged employees will go to trial before a state judge in May.

  • February 08, 2024

    Ex-Schnader Harrison Atty Alleges Firm Mishandled Funds

    A former partner of now-shuttered Schnader Harrison Segal & Lewis LLP has accused the firm of mismanaging funds deducted from employee pay by failing to deposit them into a retirement plan, according to a putative class action in Pennsylvania federal court.

  • February 08, 2024

    NFL Benefits Plan Says Ex-Player's Claim Came Too Late

    The retirement plan for the National Football League asked a Texas federal judge on Wednesday to toss a retired player's second run at league retirement benefits, telling the court that the player fumbled the administrative process and that his claims don't merit a jury trial.

  • February 08, 2024

    Oracle Stockholders Lose Bid For $5M 'Mootness' Fee

    The Delaware Chancery Court has denied a $5 million attorney fee request by Oracle stockholders who lost a lawsuit that alleged the software giant overpaid for its $9.3 billion acquisition of Netsuite, rejecting the investors' contention that they deserve an award for prompting the company to appoint two new independent directors.

  • February 08, 2024

    Frost Brown Adds Estate Tax Pro In Cincinnati

    Frost Brown Todd LLP just added a new partner with more than three decades of estate planning experience to its tax, benefits and estates practice group in its Cincinnati office as part of its ongoing investment in its Midwestern presence, the firm has announced.

  • February 07, 2024

    Apple Beats Claims It Overpaid CEO Tim Cook, Other Brass

    Apple does not have to face an investor lawsuit accusing it of overpaying CEO Tim Cook and other top brass by tens of millions of dollars by improperly calculating the value of performance-based stock compensation, a New York federal judge ruled Wednesday.

  • February 07, 2024

    2nd Circ. Skeptical Of Reviving Investors' Breast Implant Suit

    The Second Circuit on Wednesday wondered whether there was enough evidence to revive a class action lawsuit accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, with the judges questioning investor claims that public statements addressing the concerns left out necessary information. 

  • February 07, 2024

    Matterport Stockholders Say Officials Wrongly Cashed $225M

    Shareholders of 3D model maker Matterport Inc. accused top company officials in Delaware Chancery Court of self-dealing by paying themselves performance rewards following a 2021 merger, even though the company hadn't met benchmarks to allow them to cash out $225 million in shares.

  • February 07, 2024

    Retirees Seek Case-Ending Sanctions In PPG Benefits Fight

    PPG should face sanctions for destroying evidence to defeat allegations that it illegally terminated retired workers' life insurance benefits following a merger, the retirees told a West Virginia federal court, saying the company can't minimize the destruction as a mere mistake.

  • February 07, 2024

    NJ Panel Backs Retired Cops In Health Insurance Dispute

    Retired police officers for a New Jersey township are entitled to full healthcare benefits without premium payments under a collective bargaining agreement, a state appellate panel ruled Wednesday, upholding an arbitration decision in the police officers' union's favor.

  • February 07, 2024

    BDO Inks $2.25M Deal In 401(k) Mismanagement Suit

    A proposed class of workers asked an Illinois federal judge to greenlight a $2.25 million settlement with accounting firm BDO, which they allege failed to verify that its retirement plan's funds were evaluated properly.

  • February 07, 2024

    Refrigeration Co. Can't Put ESOP Valuation Suit On Ice

    An industrial refrigeration company can't avoid a former executive's suit alleging it mismanaged an employee stock ownership plan by grossly undervaluing the business, after a North Carolina federal judge ruled he could still sue on behalf of the plan even if he's no longer a trustee.

  • February 07, 2024

    Worker Says J&J Mismanaged Prescription Benefits

    A Johnson & Johnson employee told a New Jersey federal court in a proposed class action that workers were overcharged for prescription drug benefits, including through an expensive contract with pharmacy benefits manager Express Scripts.

  • February 07, 2024

    Firefighters Won't Receive Pension Hike, Conn. Justices Rule

    Firefighters who voluntarily retired during ongoing collective bargaining proceedings are not entitled to increased pension benefits corresponding with retroactive wage increases, the Connecticut Supreme Court ruled.

  • February 07, 2024

    Ex-NJ Judge Says Femininity Bias Keeps Workplace Suit Alive

    A former New Jersey state judge called on a federal court Tuesday to reject court officials' bid to dismiss the remaining claims in her workplace discrimination lawsuit, arguing that her superiors' attitude about her pricey handbags and jewelry amounts to gender bias.

  • February 07, 2024

    House Panel's Top Dem Floats Bill To Require Automatic IRAs

    The House Ways and Means Committee's top Democrat introduced legislation Wednesday that would expand workers' retirement coverage by requiring employers with 10 or more employees to establish a federal automatic individual retirement account program.

  • February 06, 2024

    Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law

    The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.

  • February 06, 2024

    Disney Investors Say Co. Can't Exit Accounting Practices Suit

    Disney investors argued that providing misleading information about product performance is not a mere "business strategy," pushing back Monday on the company's attempt to escape the suit alleging Disney participated in a fraudulent accounting scheme to keep stock prices inflated as its streaming service Disney+ underperformed.

  • February 06, 2024

    Amazon Says Class Cert. Not Appropriate In Military Bias Suit

    Claims that Amazon systematically demoted and fired workers who took military leave should not move forward on a class basis, the online retail giant said, telling a Washington federal court that evidence shows thousands of military workers took time off without a hitch.

  • February 06, 2024

    Car Loan Co. Gets Claims Trimmed In Employee Stock Suit

    A California federal judge tossed much of a lawsuit claiming a car loan company violated federal benefits law when it revalued its stock at the start of the coronavirus pandemic, but said the company must still face claims that retirees were forced to sell their stock at a lower value.

  • February 06, 2024

    'Surprise Billing' Law Can't Pin Insurer, Conn. Justices Told

    Violating Connecticut's surprise medical billing law cannot expose an insurance company to liability under the state's unfair trade practices act, counsel for Harvard Pilgrim told the Connecticut Supreme Court on Tuesday, asking the justices for a ruling that could help the insurer battle a federal lawsuit.

  • February 06, 2024

    Express Scripts Cites Low Bar To Keep AG Suit In Fed. Court

    Pharmacy benefit manager Express Scripts Inc. pressed the Ninth Circuit on Monday to let it force its part of a California attorney general antitrust suit over skyrocketing insulin prices into federal court, arguing the enforcer and a U.S. district judge imposed the wrong standards in sending the case back to state court.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Benefits Limitations Period Ruling Carries ERISA Implications

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    The First Circuit's recent decision in Smith v. Prudential — over enforcing a benefits claim limitations period that expires before the claim accrued — has ramifications for Employee Income Security Act cases, where limitations issues can arise in the termination of ongoing benefit payments rather than an initial application for benefits, says Mark DeBofsky at DeBofsky Law.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • The SEC's Cooled Down But Still Spicy Private Fund Rules

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    Timothy Spangler and Lindsay Trapp at Dechert consider recently finalized U.S. Securities and Exchange Commission rules, which significantly alter the scope of obligations private fund advisers must meet under the Investment Advisers Act, noting the absence of several contentious proposals and litigation that could result in implementation delays.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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