Benefits

  • January 23, 2024

    Colo. Says Sick Leave Law Is In Line With Federal Regs

    The State of Colorado asked a federal court to grant it an early win in an airline trade group's lawsuit seeking to block the state's sick leave law, saying the federal laws the group had cited do not interfere with the state's ability to promulgate a new labor law.

  • January 23, 2024

    Split 9th Circ. Revives Nurse's Disability Benefits Suit

    A divided Ninth Circuit panel has reinstated a nurse's lawsuit alleging an insurer wrongly denied her long-term disability benefits, saying a prior suit she brought against the company — which resulted in her winning short-term benefits at trial — doesn't get in the way of the current one.

  • January 23, 2024

    DOL Finalizes ERISA Prohibited Transaction Exemptions Rule

    The U.S. Department of Labor issued a final rule Tuesday updating the process for filing and processing exemptions to the Employee Retirement Income Security Act's strict limitations on transactions between parties in interest.

  • January 22, 2024

    Xerox Workers Seek Final OK Of $4.1M Deal Over 401(k) Fees

    A class of nearly 40,000 Xerox Corp. employees asked a Connecticut federal judge for her final blessing Monday on a $4.1 million settlement resolving accusations the company allowed its retirement plan to be saddled with recordkeeping fees that cost up to four times more than what similar comparators charged.

  • January 22, 2024

    Alibaba Urges Against Class Cert. In Suit Over Antitrust Probe

    Chinese e-commerce company Alibaba has urged a New York federal court to deny class certification in a shareholder suit accusing the company of failing to warn investors about regulatory risks it faced in the lead-up to a planned initial public offering of its fintech affiliate Ant Group, arguing the practices in question were not hidden and therefore did not affect share prices.

  • January 22, 2024

    George Santos Beefs Up Legal Team In NY Criminal Case

    Former U.S. Rep. George Santos added two defense attorneys to his legal team Monday in the New York federal case charging him with stealing from campaign donors, reporting fake fundraising numbers to the Federal Election Commission and other crimes.

  • January 22, 2024

    Biden Rolls Out New Abortion Protections On Roe Anniversary

    On the anniversary of Roe v. Wade on Monday, the Biden administration announced several initiatives intended to bolster protections for reproductive care, previewing guidance that would expand contraceptive coverage and doubling down on an emergency care law that's the subject of an abortion case before the U.S. Supreme Court.

  • January 22, 2024

    Settlement Nears For Aetna, Optum Administrative Fee Class

    A settlement is looming in a patient's certified class claims accusing Aetna Inc. and OptumHealth Care Solutions LLC of conspiring to dupe patients into paying administrative fees by dressing them up as medical expenses, according to a filing in North Carolina federal court.

  • January 22, 2024

    4th Circ. Preview: Timberland's TM Bid Kicks Off 2024

    The Fourth Circuit will kick off 2024 by probing Timberland's bid to trademark its footwear and pondering an embattled insurance mogul's attempt to escape a $524 million judgment.

  • January 22, 2024

    Teamsters Fund Prevails In $190K Pension Fight With Univar

    An Illinois federal judge on Monday found Univar Solutions is still on the hook to pay $190,000 to a Teamsters pension fund, ruling a pair of letters the company cited did not prove the parties had severed a collective bargaining agreement containing pension obligations.

  • January 22, 2024

    New York Life Strikes Deal To End Workers' 401(k) Suit

    New York Life Insurance Co. and thousands of current and former insurance company workers told a New York federal court Monday that they had struck a deal to settle a case alleging mismanagement of the employees' 401(k) retirement plan.

  • January 22, 2024

    Energy Co. Seeks Win In Investors' $3B Pipeline Project Suit

    Energy Transfer has asked a Pennsylvania federal judge to grant it a win in a class action alleging it misled investors about its $3 billion Mariner East 2 and Revolution pipeline projects, arguing the investors failed to allege any material misstatements or connect them to a stock price drop, among other things.

  • January 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, a dating app found a way to ease some relationship tension, burned up stockholders sued an energy giant, and a vice chancellor got some supreme validation for his dismissal of a shareholder suit against Snap Inc. and Fox Corp.

  • January 22, 2024

    Md. Hospital Chain To Pay $11.8M To End ERISA Class Action

    Hospital chain MedStar Health has agreed to shell out $11.8 million to wrap up an ERISA class action brought by workers who said the company mismanaged their $1.8 billion retirement plan, according to a Maryland federal court filing.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Fired Rail Worker Owed Full Back Pay, Union Tells 8th Circ.

    Kansas City Southern Railway Co. should comply with an order requiring it to fully reimburse a wrongfully fired worker for five years of lost pay and benefits, a transportation workers union told the Eighth Circuit on Friday, looking to end the railroad's challenge to the back pay amount.

  • January 19, 2024

    Ill. Justices Uphold Pension Reform Law

    The Illinois Supreme Court ruled Friday that a state law consolidating more than 600 local police and firefighter pension funds into two statewide pension investment funds is constitutional, rejecting arguments from active and retired beneficiary members who claimed the law diminished and impaired their pension benefits.

  • January 19, 2024

    Cremation Co. Beats Ex-Worker's 401(k) Excessive Fee Suit

    A Wisconsin federal judge tossed for good a former worker's suit alleging that a global tech and cremation company saddled its employees' retirement plan with high fees, ruling Friday that a report recommending the suit's closure correctly found holes in the ex-employee's claims.

  • January 19, 2024

    Becton Investors Get Initial OK Of $85M Deal Over Recall

    A magistrate judge granted preliminary approval to an $85 million settlement a class of Becton Dickinson investors reached with the medical tech company over securities fraud claims that it hid regulatory problems regarding sales of its Alaris infusion pump, which Becton recalled in 2020.

  • January 19, 2024

    DOL Settles With Sports Agent In Pension Enforcement Case

    The U.S. Department of Labor told a Texas federal court Friday that it had agreed to settle an enforcement case against a sports agent and onetime O'Melveny & Myers attorney alleging he improperly withdrew approximately $111,000 out of his sports company's profit-sharing plan to fund the business.

  • January 19, 2024

    Nestle Wins Exit Bid In ERISA Suit Over $4.2B 401(k) Plan

    A Wisconsin federal judge on Friday tossed a proposed class action claiming Nestle allowed its retirement plan to pay excessive fees compared to other plans, without leave to amend, saying a magistrate judge properly analyzed the purported comparators as "disparate to the plan at issue."

  • January 19, 2024

    Firms Net $9.2M Fee For ProAssurance Investor Settlement

    Saxena White PA and Robbins Geller Rudman & Dowd LLP have been awarded roughly $9.2 million in attorney fees for their work in securing a $28 million deal resolving claims that healthcare liability insurance company ProAssurance Corp. and its directors harmed investors by issuing an insurance policy to a physician staffing firm they knew presented a large financial risk.

  • January 19, 2024

    Secure 2.0 Spurs Feds To Seek Input On Retirement Reporting

    Federal agencies overseeing reporting and disclosure requirements for employee retirement plans announced Friday that they're seeking public comment on how they might be more effective or streamlined as part of Secure 2.0, an improvement effort Congress requested in a policy overhaul passed in late 2022.

  • January 18, 2024

    Linde Says 'Earnings' Isn't Ambiguous In 3rd Circ. Benefit Suit

    Linde North America told the Third Circuit this week that it shouldn't revive a retirement benefits lawsuit from the company's former general counsel-turned-whistleblower in which he claimed his former employer had ripped him off for more than $100,000 in benefits, in part because he believes ambiguity surrounds the term "earnings" in the company retirement program. 

  • January 18, 2024

    Ex-Police Union Head Gets 3 Years For Retirement Fund Fraud

    The former president of a New York City law enforcement union has been sentenced to 40 months in prison and the union's former financial adviser to 18 months for defrauding union members out of $500,000.

Expert Analysis

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How A Union Fight Played A Key Role In Yellow's Bankruptcy

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    Finger-pointing between company and union representatives appears to be front and center at the early stages of trucking company Yellow’s bankruptcy case, highlighting the failed contract negotiations' role in the company's demise, says George Singer at Holland & Hart.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • SEC Focus On Perks Offers Insights On Cooperation

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    The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • 4 Employer Action Steps For New Mental Health Parity Rules

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    A recently released guidance under the Mental Health Parity and Addiction Equity Act reiterated that employers contracting with outside service providers to administer their health plans are not relieved of their compliance obligations — so all employers sponsoring a group health plan should consider four action items for success, say attorneys at Ice Miller.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • What Calif. 'Take-Home' COVID Ruling Means For Employers

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    The California Supreme Court’s recent holding in Kuciemba v. Victory that employers are not liable for the spread of COVID-19 to nonemployee household members reflects a sensible policy position, but shouldn't be seen as a sea-change in the court's employee-friendly approach, say Brian Johnsrud and Brandon Rainey at Duane Morris.

  • Benefits Ruling Has ERISA Review Standard Red Flags

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    The Eighth Circuit’s recent McIntyre v. Reliance Standard decision, reversing a nurse's disability benefits win, applies a deferential standard of review that conflicts with rulings issued by other federal circuit courts, and raises concerns about whether the law’s intent is being met, says Mark DeBofsky at DeBofsky Law.

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