Benefits

  • January 29, 2024

    Kellogg Can't Flout Pension Guardrails, Retirees Say

    Kellogg retirees urged a Michigan federal judge to shoot down the cereal and snack foods company's argument that it has "carte blanche to shortchange employees" by using old data to calculate pension payments.

  • January 29, 2024

    Yellow Corp. Calls Pension Arbitration Demand 'Nonsense'

    Bankrupt trucking firm Yellow Corp. has called the Central States Pension Fund's arbitration demand for $4.8 billion in pension liability claims "nonsense," because the fund has already acquiesced in the bankruptcy court's jurisdiction over the claims.

  • January 26, 2024

    Ex-Child Care Worker's 'Hypothetical' Competition Claims Fail

    A Washington federal judge said she couldn't hear claims in a case accusing a child care company of hindering a former worker from landing outside nannying jobs, saying the plaintiff failed to point to any lost opportunities because of the employer's policies.

  • January 26, 2024

    TIAA Sues Ex-SVB Execs Over Losses From Bank's Failure

    Former directors and executives of Silicon Valley Bank have been hit with a suit in California federal court by financial services giant TIAA over losses it allegedly suffered when the bank imploded under the weight of a bulging portfolio of interest rate-sensitive assets.

  • January 26, 2024

    NC Insurance Group Not Bound By Medicare Law, Suit Says

    The North Carolina Insurance Guaranty Association asked a federal court to find that it doesn't have to pay back Medicare for claims that should otherwise be covered by private insurance, arguing the agency isn't a policy provider as defined by federal law.

  • January 26, 2024

    Painters Union's Trust Says Law Firm Owes It Medical Costs

    A painters union's trust that provides employee benefits has said in a new lawsuit that a plan participant and a Washington state personal injury law firm must reimburse it for medical expenses after they recovered more than $700,000 in damages from a pair of car crashes.

  • January 26, 2024

    Records Agency Clears Backlog That Held Up VA Benefits

    The archivist of the United States is touting the elimination of the pandemic-induced backlog of military service records that veterans need to access benefits and services.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Engineering Co. Flouted Stock Buyback Deal, Ex-Execs Say

    A former associate vice president and a managing director at engineering firm Syska Hennessy alleged in North Carolina federal court that the company violated an agreement by not purchasing their employee stock after they departed.

  • January 26, 2024

    On 2nd Try, Magna Workers Nab Class Status In ERISA Suit

    A Michigan federal judge certified a class of an estimated 20,000 workers in a suit accusing auto parts supplier Magna International of mismanaging their $1.6 billion retirement plan, after the class replaced its first set of proposed representatives.

  • January 26, 2024

    Teamsters Pension Fund Says Mich. Cos. Owe $18M, Not $15M

    A Michigan furniture manufacturer and its shipping partner owe a Teamsters-affiliated pension fund $18 million and not $15 million over the next 15 years in connection with their 2018 exit from the fund, the fund told an Illinois federal court.

  • January 26, 2024

    Small-Biz Group Tells 5th Circ. ESG Rule Hurts Businesses

    A small-business group and a conservative think tank pressed the Fifth Circuit to reverse the U.S. Department of Labor's win in a suit challenging a rule that allows retirement advisers to consider issues such as climate change when choosing investments, saying the regulations are too burdensome on small businesses.

  • January 26, 2024

    What Gender-Affirming Care Cases Mean For Benefits Attys

    Ongoing legal battles over restrictions on youth access to gender-affirming medical care may spur employers to upgrade their benefits to help health plan participants travel out of state to seek treatment and open up a new area of liability for plan administrators. Here's a look at three things benefits attorneys should know about legal fights over limitations on gender identity-related care.

  • January 25, 2024

    Feds Press State Medicaid Admins On Hep C Coverage

    The Justice Department has sent letters to state Medicaid administrators advising them to guarantee lifesaving medications are covered for people who have hepatitis C and substance use disorder.

  • January 25, 2024

    Vet Fighting Volvo USERRA Win Faces Skepticism At 7th Circ.

    A U.S. Army veteran faces some "insurmountable legal obstacles" in her push to reinstate a $7.8 million trial win in a long-running case accusing Volvo of illegally firing her over military-related absences, a Seventh Circuit judge said at oral arguments Thursday.

  • January 25, 2024

    Aon, Ex-Partner Cut $1.5M SEC Deal Over Return Errors

    Chicago-based registered investment adviser Aon Investments USA Inc. and the firm's former partner have agreed to pay a total of $1.57 million to resolve U.S. Securities and Exchange Commission allegations that they repeatedly misled a pension fund client about a discrepancy in its investment returns, according to a pair of orders by the agency Thursday.

  • January 25, 2024

    Transgender Vets Sue VA Over Gender-Confirmation Surgery

    A transgender veterans group filed a federal lawsuit Thursday against the U.S. Department of Veterans Affairs to force the VA to respond to a 2016 rulemaking petition requesting coverage of gender-confirmation surgery, saying the VA has "unreasonably delayed" its response to the petition, leaving it in limbo.

  • January 25, 2024

    6th Circ. Won't Reverse 'Willy-Nilly' For Investment Firm

    A Sixth Circuit panel told investment firm Stout Risius Ross Inc. it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback.

  • January 25, 2024

    John Hancock Clients Owed Tax Credit Perk, 11th Circ. Told

    John Hancock Life Insurance Co. clients urged an Eleventh Circuit panel on Thursday to reverse a lower court's ruling that the company didn't breach a fiduciary duty when $100 million worth of foreign tax credits wasn't passed through to them, saying the transaction diminished the value of their retirement accounts.

  • January 25, 2024

    Former NFL Player Takes Second Shot At Retirement Benefits

    A retired NFL player is making another run at the football league's retirement plan Wednesday in Texas federal court, saying that he wasn't given the chance to follow through with the plan's administrative process and that the pension's leadership unfairly denied him access to the plan's benefits.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Ex-Union Fund Trustees Ask 7th Circ. To Undo DOL Takeover

    The Seventh Circuit should reverse the U.S. Department of Labor's preliminary injunction win that put an independent fiduciary in charge of a multiemployer benefit fund at the center of mismanagement claims, former trustees contended, saying a lower court doesn't have jurisdiction.

  • January 24, 2024

    Former Walmart Managers Fight To Keep OT Suit Intact

    A group of former Walmart warehouse managers urged a Georgia federal judge to let them move forward together in a suit alleging the company denied them overtime, asking the judge to reject a report and recommendation from a magistrate judge stating they should pursue their claims individually.

  • January 24, 2024

    4th Circ. Won't Halt Order Affirming DOL Judge Appointments

    The Fourth Circuit won't pause an order approving the appointment of two U.S. Department of Labor administrative law judges pending the resolution of a petition for a writ of certiorari challenging their addition to a DOL tribunal.

  • January 24, 2024

    No Immediate Appeal For Kimberly-Clark In ERISA Fee Case

    Kimberly-Clark Corp. can't yet appeal a ruling saying the company had to face a proposed class action accusing it of saddling its $4 billion retirement plan with excessive fees, a Texas federal judge said, reasoning that waiting for Fifth Circuit input would delay the case's conclusion.

Expert Analysis

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Asset Manager Considerations For Soliciting Calif. Pensions

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    With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Why It's Time To Regulate Plan Data As An Asset

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    With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue

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    The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • $735M Tesla Settlement Drives Home Lessons For Boards

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    As one of the largest settlements of its kind, the recent $735 million deal between Tesla and 11 nonemployee directors highlights the increased scrutiny placed on compensation practices and director independence, and provides further caution to members of boards and their compensation committees, say attorneys at Cleary.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • 2nd Circ. Goldman Ruling May Hinder Securities Classes

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    The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Opinion

    10th Circ. Remand Of ERISA Claims To Insurer Is Problematic

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    The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.

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