Benefits

  • February 08, 2024

    Judge Drops Claim From Biotech Ex-VP's Incentive Pay Suit

    A Pennsylvania federal judge on Thursday trimmed a breach-of-contract claim from a biotech executive's lawsuit, but preserved the bulk of the complaint, which accuses CSL Behring of firing him to avoid having to pay him an incentive of up to $3 million for staying with CSL following an acquisition.

  • February 08, 2024

    Union Fund Sues Pioneer For Docs In $59B ExxonMobil Deal

    Oil and natural gas company Pioneer Natural Resources has been sued for its books and records in the Delaware Court of Chancery by a pension fund alleging that the company's officers and directors breached their fiduciary duties as the company negotiated a $59.5 billion deal to be acquired by oil giant Exxon Mobil Corp.

  • February 08, 2024

    Mass. Appeals Court Won't Revive State Worker's Wage Suit

    A Massachusetts appeals court affirmed Thursday the dismissal of a complaint by a retired state employee seeking to recoup accrued vacation pay against the Commonwealth, finding her claim is precluded under sovereign immunity and she didn't exhaust the grievance procedures in her bargaining agreement.

  • 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.

Expert Analysis

  • 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.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

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