Benefits

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    DOL Says It Recovered $1.4B For Plans, People In Fiscal '24

    The U.S. Department of Labor's Employee Benefits Security Administration announced Friday that it recovered nearly $1.4 billion in direct payments to plans, participants and beneficiaries in 2024, largely stemming from enforcement actions and informal complaint resolutions.

  • January 17, 2025

    Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told

    Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.

  • January 17, 2025

    SEC Fines Transamerica $2.9M Over Retirement Biz Conflicts

    The U.S. Securities and Exchange Commission on Friday fined registered investment adviser Transamerica Retirement Advisors LLC $2.9 million to settle claims it concealed conflicts of interest generated by Transamerica's incentive compensation payments to representatives.

  • January 17, 2025

    Up Next At High Court: Forum Shopping & TCPA Definitions

    The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.

  • January 17, 2025

    Trade Group Sues To Stop Federal Mental Health Parity Regs

    A benefits-focused employer trade group sued the U.S. Department of Labor and other federal agencies in D.C. federal court Friday, seeking to block recently finalized mental health parity regulations the group alleges are unconstitutional and violate administrative procedure laws.

  • January 17, 2025

    DOL Says Mental Health Parity Law Compliance Still Lacking

    The U.S. Department of Labor and two other agencies said Friday that many employer health plans are still falling short of full compliance with a federal law requiring that mental health and substance use disorder treatment be covered comparably to physical healthcare.

  • January 17, 2025

    Ex-Conn. State Employee Accused In $1.9M Medicaid Scam

    A former employee of Connecticut's Office of Policy and Management is one of two people charged by federal authorities with defrauding the state Medicaid program out of nearly $1.9 million by submitting false claims for services for children with autism, the U.S. attorney's office said Friday.

  • January 17, 2025

    Drink Maker Celsius Settles SEC's Accounting Claims For $3M

    The U.S. Securities and Exchange Commission on Friday fined beverage company Celsius Holdings Inc. $3 million to settle claims that it issued financial statements that were materially inaccurate and misleading due to misreported stock award information.

  • January 17, 2025

    Littler Adds ERISA Partner From Trucker Huss In Calif.

    Labor and employment firm Littler Mendelson PC has expanded its offerings in California with the addition of an attorney from Trucker Huss.

  • January 17, 2025

    4 Battles Over Gender-Affirming Care To Watch In 2025

    The U.S. Supreme Court will rule on the federal government's challenge to Tennessee's ban on gender-affirming care for minors, and the Eleventh Circuit is considering a bid to upend federal rules extending the Affordable Care Act's nondiscrimination protections to transgender patients. Here, Law360 looks at four cases that could have ramifications for benefits law in 2025.

  • January 17, 2025

    Justices To Hear Ex-Marine's Bid For PTSD Compensation

    The U.S. Supreme Court on Friday agreed to take up the appeal of a former U.S. Marine who says that the Federal Circuit misstepped by limiting the retroactive special compensation he could receive for combat-related post-traumatic stress disorder to six years because he filed late.

  • January 17, 2025

    Vanguard To Pay SEC, States $106M Over Surprise Tax Bills

    The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.

  • January 16, 2025

    Yellow Corp., Teamsters Debate WARN Suit Ahead Of Trial

    Yellow Corp. and the unions representing many of the workers it laid off met in Delaware bankruptcy court Thursday to preview arguments they will deliver at a trial, set to start next week, that will determine whether the trucking company can escape some of the WARN Act claims it is facing after laying off 25,000 employees.

  • January 16, 2025

    McNair Son Wants Legal Fee Fight Set Back In Motion

    The eldest son of late Houston businessman Bob McNair asked a Texas appeals court Wednesday to reverse an order temporarily halting his litigation seeking legal fees connected to a probate case over the management of his family's companies.

  • January 16, 2025

    Ex-Atty's Audit Rightly Tied To State Farm Fight, Panel Rules

    State Farm and two clients were properly ushered into a case examining a disbarred attorney's trust accounts, a Connecticut appeals court ruled Thursday, shutting down the ex-lawyer's demand for $52,100 in purported attorney fees by upholding a judge's decision linking settlement payout, audit and ethics feuds under one docket.

  • January 16, 2025

    Chamber Slams Opioid Judge's PBM Audit Privilege Ruling

    The Sixth Circuit must step in to prevent a pharmacy benefit manager from being forced to turn over internal compliance audit documents, the U.S. Chamber of Commerce has said, arguing a lower court's decision threatens to undermine the existence of in-house counsel's attorney-client privilege. 

  • January 16, 2025

    Hearthside Proposes $30M In Ch. 11 Key Employee Bonuses

    The bankrupt parent of snack maker Hearthside Food Solutions proposed a pair of retention and incentive payment plans that would provide up to $30 million in bonuses to key employees in the company's Texas Chapter 11 case.

  • January 16, 2025

    Ogletree Hires Jackson Lewis Atty, Former NBA Counsel

    Ogletree Deakins Nash Smoak & Stewart PC has hired a former Jackson Lewis PC attorney, who also has experience working in-house for the National Basketball Association as an associate counsel, the firm announced Tuesday.

  • January 16, 2025

    DOL Proposes Rule On Valuing Stock For Purchase By ESOPs

    The U.S. Department of Labor proposed a rule Thursday to help plan managers determine the value of company stock for purchase by an employee stock ownership plan while also withdrawing a previous rule that the DOL proposed in 1988 but never finalized.

  • January 16, 2025

    Pa. Energy Co. Strikes Deal To End 401(k) Class Action

    A Pennsylvania-based electricity and natural gas company agreed to settle a class action alleging it loaded its employee retirement plan with costly underperforming investment options, staving off a trial slated to begin this month.

  • January 15, 2025

    GE Investors' $362.5M Settlement Gets Initial Greenlight

    Investors in manufacturing giant General Electric Co. have gotten an initial nod for their proposed $362.5 million eve-of-trial deal to end long-running claims that the company fraudulently concealed cash flow problems, allegedly resulting in plummeting shares after its fiscal woes were disclosed.

  • January 15, 2025

    FTC Won't Disqualify Commissioners From PBM Insulin Case

    The Federal Trade Commission denied bids from Caremark Rx, Express Scripts and OptumRx that sought to bar the commission's Democratic members from participating in a case accusing the pharmacy benefit managers of inflating insulin prices.

  • January 15, 2025

    Ruling On Fla. Gender Law Animus Is Flawed, 11th Circ. Told

    Florida urged an Eleventh Circuit panel on Wednesday to overturn an order declaring the state's ban on certain types of medical treatment for gender dysphoria unconstitutional, arguing the lower court wrongly used the condition as a proxy for transgender individuals in ruling that the prohibition was proof of discriminatory animus.

  • January 15, 2025

    Davis Wright Atty Says Firm Is Trying To Push Him Out

    An attorney employed by Davis Wright has launched a pro se employment discrimination lawsuit in Washington state court, accusing the firm of trying to "strong-arm" him into leaving after he reported what he described as misconduct by a partner and banishing him from its Seattle office when he threatened legal action.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • The Future Of ERISA If High Court Ends Chevron Deference

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    The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employers, Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

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