Benefits

  • February 02, 2024

    Attorneys Want $21.5M In GE Retirement Funds Suit

    Attorneys representing current and former workers who reached a $61 million settlement in their lawsuit accusing General Electric of mismanaging their retirement savings asked a Massachusetts federal court to greenlight their request for $21.5 million in fees and expenses, citing their commitment to six years' worth of litigation.

  • February 02, 2024

    Journalist Says Media Startup Owed Warning Of Mass Layoff

    Collapsed digital media startup The Messenger violated the Worker Adjustment and Retraining Notification Act when it recently terminated hundreds of staffers without warning, a former employee alleged in a proposed class action filed in New York federal court.

  • February 02, 2024

    Ohio Demolition Co. Hit With Post-Default Discovery Fines

    An Ohio building demolition and sewer services contractor has to pay daily fines for failing to respond to information requests from multiple union benefit funds' trustees in a case the company and its owner have already lost by default after they were found in contempt of federal court.

  • February 02, 2024

    Baker Botts Adds Employment Team Head From Hunton

    Baker Botts LLP has added a partner from Hunton Andrews Kurth LLP to lead its labor and employment practice, bolstering its ranks in Houston with a versatile attorney whose experience includes handling high-stakes trade secrets and employee benefits litigation.

  • February 02, 2024

    SeaWorld Must Face Suit Over 401(k) Roster, Fees

    A California federal judge refused to throw out a lawsuit former workers brought against SeaWorld accusing it of keeping high-cost funds in their retirement accounts and retaining expensive record-keepers, saying they put forward multiple signs that the company breached federal benefits law.

  • February 01, 2024

    Aetna Escapes Autism Benefits Denial Suit, For Now

    Aetna Life Insurance Co. beat claims that it stiffed an autism treatment center and benefits plan participants for treatment reimbursements, as a New Jersey federal court ruled that workers failed to identify plan language guaranteeing them coverage.

  • February 01, 2024

    Ga. Health System, Class Seek Initial OK Of $2M ERISA Deal

    A Georgia health system and a 6,800-member class of retirement plan participants urged a federal court to greenlight a $2 million deal that would put an end to the participants' lawsuit alleging their retirement accounts lost millions of dollars because of poor investment options and excessive fees.

  • February 01, 2024

    DuPont Should Face Pension Calculation Suits, Judge Says

    DuPont shouldn't be allowed to dodge two proposed class actions alleging it used outdated actuarial formulas to calculate workers' retirement benefits, a Delaware federal judge recommended, saying the company hadn't sufficiently shown the suits were filed too late.

  • February 01, 2024

    2nd Circ. Backs Wall Street In Treasury Auction-Rigging Case

    The Second Circuit declined Thursday to revive antitrust litigation accusing major Wall Street banks of conspiring to rig U.S. Treasury auctions and defend their secondary-market middlemen roles, ruling that the pension funds and other investors behind the case failed to paint plausible pictures of collusion.

  • February 01, 2024

    Musk Wants Investor Vote To Move Tesla From Del. To Texas

    Tesla CEO Elon Musk said Thursday the company will immediately move to hold a shareholder vote to transfer its state of incorporation from Delaware to Texas, shortly after Delaware's chancellor struck down Musk's proposed $55 billion Tesla pay package.

  • January 31, 2024

    Chancery's Musk Ruling Could Dim Superstar Execs' Shine

    When the Delaware Chancery Court scuttled Elon Musk's $55 billion Tesla compensation package in a first-of-its-kind ruling, experts said it was a "groundbreaking" move that checks the clout of superstar celebrity CEOs and their boardroom allies and could blunt their power against shareholders, experts told Law360.

  • January 31, 2024

    Colo. Judge Won't Rule Out Back Pay In Truck Driver ADA Suit

    A Colorado federal judge said he would not prevent the Equal Employment Opportunity Commission from seeking back pay on a claim that a trucking company's return-to-work policy had a disparate impact on disabled employees, finding in an order Wednesday that the company's request "would be unjust and border on absurd."

  • January 31, 2024

    Judge Won't Force Florida Trans Coverage Pending Appeal

    A Florida federal judge on Wednesday denied a motion to enforce a June ruling that invalidated a state ban on Medicaid payments for puberty blockers and cross-sex hormones for the treatment of gender dysphoria, noting a pending appeal before the Eleventh Circuit. 

  • January 31, 2024

    Ex-Workers Get 2nd Chance At Retirement Plan Suit

    A Nebraska federal judge allowed a group of ex-workers to revive their suit alleging a health system cost them millions in savings by mismanaging their retirement plan, saying Wednesday they deserve "one last bite at the apple" to show that comparable plans were cut a better deal.

  • January 31, 2024

    Food Packaging Co. Agrees To Wrap Up Suit Over 401(k) Fees

    Food and beverage packaging company Pactiv Evergreen has agreed to end a proposed class action alleging it let its $879 million 401(k) plan pay more than double what similarly sized plans were charged for recordkeeping services, the company told an Illinois federal court.

  • January 31, 2024

    GOP Bill Would Claw Back Funds Paid To Dead Pensioners

    A pair of Republican lawmakers introduced a bill that would require the Pension Benefit Guaranty Corp. to claw back overpayments that pension plans received under a 2021 coronavirus assistance bill for dead plan participants.

  • January 30, 2024

    Boeing Hit With Securities Fraud Suit Over 737 Max 9 Blowout

    Rhode Island's largest public employees retirement fund accused Boeing of misleading investors about the overall safety of its 737 Max jets, alleging in a new lawsuit Tuesday that the recent midair blowout aboard an Alaska Airlines flight showcases how missteps by Boeing's top brass have diminished shareholder value.

  • January 30, 2024

    8th Circ. Revives Wrongful Death Claim Against Paper Co.

    Paper company Sappi NA must face a lawsuit alleging that a worker was found deceased near an area where hydrogen sulfide gas was released despite the trustee for the worker's family collecting workers' compensation from a subsidiary, an Eighth Circuit panel ruled Tuesday, finding that the parent firm would need employees working at the facility when the death occurred for the state Workers' Compensation Act to bar the trustee's claims against it.

  • January 30, 2024

    Trans Care Ban Poses 'Philosophical' Questions, Justices Say

    A Texas Supreme Court justice on Tuesday wondered if seven parents of transgender children were asking the court to resolve "a moral and philosophical question" behind gender identity as it weighed whether to uphold a state court judge's decision to block a law prohibiting minors from receiving gender-affirming care.

  • January 30, 2024

    Pharmacy Knew Conn. Kickbacks Broke Law, Founder Testifies

    The owners of a compounding pharmacy at the center of an $11 million drug kickback case knew that it was illegal to make payments to patients who got their prescriptions filled and recruited other customers, a Connecticut state court judge heard Tuesday before striking the witness testimony from the record.

  • January 30, 2024

    Bed Bath & Beyond 401(k) Seeks To End ERISA Suit For Good

    Bed Bath & Beyond's 401(k) committee Tuesday sought to end a putative class action in New Jersey federal court alleging it failed to preemptively remove a MassMutual guaranteed interest account that resulted in low-value investment distributions, arguing it couldn't have predicted high interest rates or its bankruptcy.

  • January 30, 2024

    Boston Globe Says Ex-Exec's Wage Claim Ignores Mass. Law

    An ousted Boston Globe executive can't bring wage claims over an outstanding payment that was based on a percentage of profits because it was a bonus and not a commission, a lawyer for the newspaper told a judge Tuesday.

  • January 30, 2024

    Fed. Circ. Says VA Court Must Rehear Vet's Benefits Bid

    The federal government must reopen a veteran's application for U.S. Department of Veterans Affairs-provided employment benefits, the Federal Circuit ruled Tuesday, finding that a VA court incorrectly declined to add new documents that would potentially bolster the case for benefits.

  • January 30, 2024

    Most Claims In $1.76B Vt. Hospital 403(b) Suit Can Proceed

    A Vermont federal judge on Tuesday declined to toss the bulk of a proposed class action federal benefits lawsuit from ex-workers for the University of Vermont Medical Center alleging their $1.76 billion retirement plan was saddled with underperforming funds and higher fees, but agreed to drop injunctive relief claims.

  • January 30, 2024

    Verizon Can't Get Worker's Disability Benefits From Lawyer

    A Rhode Island federal judge rejected a suit from a Verizon benefits plan seeking to recover about $45,000 from a law firm representing a former Verizon employee who disappeared after recovering damages from a car crash, saying it's not clear there are any settlement funds left over.

Expert Analysis

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • How Mental Health Ruling Paves Road For Equal Coverage

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    The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.

  • An Informed Guide To Mastering Retirement Plan Forfeitures

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    When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • DOL's Retirement Security Rule Muddies Definitional Waters

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    The latest proposal changing how the Employee Retirement Income Security Act defines "investment advice," which the White House framed as a narrowly tailored regulation, would implement a sweeping regulatory overhaul that changes how the retirement services industry interacts with plans, participants and account owners, says Michael Kreps at Groom Law Group.

  • 9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

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    The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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