Try our Advanced Search for more refined results
Benefits
-
June 17, 2024
Accused NBA Fraud Leader May Testify At Doctor's Trial
A former NBA player who was sentenced to 10 years in prison for allegedly spearheading a scheme to defraud the league's healthcare plan is likely to be called to testify at the upcoming trial of a co-defendant, a Manhattan federal judge said Monday.
-
June 17, 2024
DOL Says Insurers Can't Block ERISA Retirement Advice Regs
The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.
-
June 17, 2024
Pharmacy Groups Urge High Court To Hear Okla. PBM Case
Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.
-
June 17, 2024
Catching Up With Delaware's Chancery Court
Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk.
-
June 17, 2024
Justices To Hear Nvidia Case On Securities Pleading Standard
The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.
-
June 14, 2024
Potato Co.'s Software Rollout Fried Its Revenue, Suit Says
Potato product manufacturer Lamb Weston has been hit with a proposed shareholder class action in Idaho federal court alleging that it concealed from investors information about the botched implementation of software that had been intended to improve the efficiency of the company's operations but ended up costing the company millions in lost sales.
-
June 14, 2024
Red States Look To Block ACA Trans Discrimination Rule
A group of 15 conservative states urged a Mississippi federal court to halt recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rule strips the states of their right to oversee medical ethics.
-
June 14, 2024
Providers' $12M Suit Against Cigna, Multiplan Trimmed
A California federal judge trimmed a suit against Cigna and Multiplan alleging the companies lowballed reimbursement to a group of substance use disorder treatment providers seeking more than $12 million under health plans they administered, keeping a federal benefits law claim intact but dropping several state law claims.
-
June 14, 2024
NJ Chief Justice Depo 'Redundant' In Pension Fight, Court Told
The New Jersey judiciary urged the state court to deny a bid to depose Chief Justice Stuart Rabner in a suit brought by a former Superior Court judge over the denial of her disability pension application, arguing she can't meet the heightened burden required to depose a high-ranking official and that the chief justice's testimony is privileged.
-
June 14, 2024
Former IT Worker Wants Outright Win In FMLA Suit
A former information technology worker asked a Florida federal court Friday to reconsider a win it denied him in his lawsuit alleging he was fired after he took medical leave to treat anxiety, arguing the court should have found his company acted illegally.
-
June 14, 2024
Pfizer Worker's Ex-Wife Can't Raid 401(k) To Collect Damages
The ex-wife of a former Pfizer employee can't use her ex-husband's 401(k) account to collect damages awarded in a defamation suit against him, a Pennsylvania federal judge ruled, saying federal benefits law prevents her from seizing his retirement contributions.
-
June 14, 2024
4 Big ERISA Decisions From The 1st Half Of 2024
A California federal court allowed a novel type of 401(k) mismanagement suit to advance to discovery, the Ninth Circuit elaborated on the pleading standard for mental health parity claims, and workers beat back an attempt to force their federal benefits suit into arbitration at the Second Circuit. Here, attorneys discuss four consequential ERISA decisions in 2024's first half.
-
June 13, 2024
Prudential Investors Get Final OK On $35M Settlement
A New Jersey federal judge on Thursday granted final approval to a $35 million class action settlement between Prudential Financial Inc. and shareholders who alleged the company hid the risks associated with the purchase of thousands of life insurance policies.
-
June 13, 2024
New Evidence Triggers Amended Misclassification Complaint
Growers accusing a chicken farm of misclassifying them as independent contractors can amend their suit, a South Carolina federal judge ruled Thursday, agreeing that new evidence they obtained could expand the suit's reach.
-
June 13, 2024
Tesla Shareholders Approve Musk's Compensation Package
Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.
-
June 13, 2024
Retirement Sponsor Strikes Deal To End 401(k) Fee Suit
A professional employer organization that offered a $1.5 billion 401(k) plan to credit unions reached a deal to end former plan participants' proposed class action accusing it of saddling them with lofty fees, a Thursday filing in Wisconsin federal court said.
-
June 13, 2024
Perdue Wants Copycat Wage Suit Tossed or Transferred
Perdue Foods asked a Maryland federal judge Thursday to throw out or transfer to Georgia a chicken grower's suit alleging independent contractor misclassification, saying the claims are identical to another suit in that state the named plaintiff was involved with.
-
June 13, 2024
Media Co. Strikes Deal In Suit Alleging Pricey 401(k) Funds
A media company has agreed to settle a class action alleging it failed to trim costly investment funds from its workers' $540 million 401(k) retirement plan serving 12,000 members, costing them millions in savings, according to a filing in New York federal court.
-
June 12, 2024
Ex-Rehab Biz Manager Gets Prison For Theft From Resident
The former business manager of a Connecticut rehabilitation center will serve at least nine months in prison for stealing money from an elderly resident's bank account, state prosecutors said.
-
June 12, 2024
Wells Fargo Accused Of Mismanaging Forfeited 401(k) Funds
A former Wells Fargo employee hit the San Francisco-based bank with a proposed class action in California federal court Tuesday, alleging Wells Fargo and its fiduciaries violated the Employee Retirement Income Security Act by using forfeited retirement funds to reduce its own contributions to other workers' 401(k)s.
-
June 12, 2024
CalPERS Opposes $5B Atty Fee In Musk Pay Fight
The nation's largest public pension fund lined up Wednesday against a proposed $5 billion-plus fee for stockholder attorneys whose Delaware Court of Chancery suit blocked Tesla CEO Elon Musk's one-time $56 billion compensation plan, one day ahead of a Tesla shareholder vote to resurrect the pay deal.
-
June 12, 2024
Lipitor Buyers Get Final OK For $93M Deal In Antitrust Fight
A New Jersey federal judge gave final approval Wednesday to a $93 million settlement between a class of buyers of Lipitor and Pfizer, resolving their claims in sprawling antitrust litigation that Pfizer conspired with a drug manufacturer to delay the release of a cheaper generic version of Lipitor and monopolize the market.
-
June 12, 2024
Worker Hits Lumber Co. With 401(k) Fee, Investment Suit
A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.
-
June 12, 2024
Okta, Investors Reach $60M Deal In Cyberattack Coverup Suit
Okta Inc. investors have asked a California federal judge to give the first OK to a $60 million settlement reached in a suit alleging the software company misled the certified class about a 2022 cyberattack.
-
June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
Expert Analysis
-
Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
-
NY, Del. May Be Trending Against Noncompete Enforceability
While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.
-
Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
-
The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
-
Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
-
Opinion
CFPB Must Clarify When Anti-Fraud Benefits Offset Harms
The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.
-
Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
-
Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
-
How To Win More Money For Terminated Executives
Excerpt from Practical Guidance
Terminated executives are often rattled into accepting too little money and too many restrictive covenants, but by converting the company’s hidden anxieties into leverage and using proven bargaining-table talking points to reframe the employer’s risks, outgoing executives can negotiate significantly better severance packages, says Stephen Zweig at FordHarrison.
-
Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
-
Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
-
Arbitration Is Still On The Table To Fight ERISA Class Actions
Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.
-
Exploring Menopause Benefits: A Guide For Employers
With 64% of women surveyed in 2023 wanting employer-sponsored menopause benefits, companies that wish to recruit and retain female employees should consider updating both their healthcare plans and corporate culture to help these often-marginalized workers feel and perform their best, say Diane Dygert and Maria Rossi at Seyfarth.
-
ERISA Litigation Faces New Frontiers In 2024
As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.
-
Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.