Benefits

  • 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.

  • January 30, 2024

    Chancery Voids Elon Musk's $55B Tesla Pay Package

    Delaware's chancellor struck down Elon Musk's proposed $55 billion Tesla pay package Tuesday, finding that disclosure failures, murky terms, conflicted director architects and Musk's own hand on the tiller warranted an order to roll back the award.

  • January 30, 2024

    Tribe's Repeat Default Bids Disrespect Court, Blue Cross Says

    Blue Cross Blue Shield of Michigan says a Native American tribe's third request for a default win in its suit alleging the insurer overcharged for tribe members' care is disrespectful and constitutes a continued violation of a court order for the tribe to identify members involved in the insurance plan.

  • January 30, 2024

    Mich. Judge OKs $20M For Victims Of Faulty Fraud Algorithm

    A Michigan state judge signed off Monday on a settlement that will see the state's unemployment agency pay $20 million to people wrongly accused of fraud by an algorithm.

  • January 30, 2024

    Minority USPS Workers Lack Access To Counseling, Suit Says

    The U.S. Postal Service violates federal law by making an anonymous counseling program available for postal inspectors, who are predominantly white, while not doing the same for its largely Black and Hispanic postal police officers, a proposed collective action told a California federal court.

  • January 29, 2024

    Veterans Org. Wants Court To Prod VA On Transgender Petition

    A veterans group for those who served in Iraq and Afghanistan told the Federal Circuit on Monday that a yearslong delay by the U.S. Department of Veterans Affairs to cover gender confirmation surgery abdicates a "sacred obligation" to those who served in the military.

  • January 29, 2024

    CoreLogic Gets Ex-Worker's 401(k) Mismanagement Suit Axed

    A California federal judge tossed a former CoreLogic worker's suit claiming the company burdened its retirement plan with excessive fees and underperforming funds, ruling that the employee didn't personally face the financial harm that he complained about in the suit.

  • January 29, 2024

    Ex-CFO Sued By SEC Ordered To Return Fraud-Tainted Bonus

    The former chief financial officer of Synchronoss Technologies Inc. was ordered to return $430,000 in compensation to the company after a New York federal judge found she committed securities fraud by helping the software firm inflate its earnings, netting a partial victory for the U.S. Securities and Exchange Commission.

  • January 29, 2024

    HHS Urges Court To Reject Novo Nordisk Drug Plan Challenge

    The U.S. Department of Health and Human Services is asking a New Jersey federal judge to reject the challenge diabetes care drugmaker Novo Nordisk Inc. has been mounting against an effort to establish a drug price negotiation program aiming to lower costs for Medicare's prescription drug plan.

  • January 29, 2024

    Del. Justices Reverse Toss Of Cantor Fitzgerald No-Compete

    In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Court decision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5 million.

  • January 29, 2024

    Hearing Aid Co. Eargo Investors Ask 9th Circ. To Revive Suit

    Investors of Eargo Inc. have told the Ninth Circuit that a lower court erred in dismissing their class action against the hearing aid company since they sufficiently alleged the firm and its top brass acted with intent to commit insurance billing fraud.

Expert Analysis

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Wilderness Therapy Ruling May Deter Broad Policy Exclusions

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    A Utah federal court's recent ruling in M.A. v. United Healthcare that an insurance policy exclusion for the adolescent behavioral health treatment known as wilderness therapy was ambiguous shows that blanket rejections can go too far, and may preclude new rationales for claim denials, says Mark DeBofsky at DeBofsky Law.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cos. Must Show Discretion In Public Statements When Sued

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    A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • An Overview Of 6 PBM Bills Moving Through Congress

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    As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.

  • 10th Circ. ERISA Ruling Is Promising For Self-Funded Plans

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    Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

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