Benefits

  • November 13, 2024

    Casino Queen To Pay $7.1M To Wrap Up ESOP Suit

    The parent company of Illinois-based Casino Queen has agreed to pay a group of workers $7.1 million to shutter their proposed class action claiming their employee stock ownership plan paid too much in a $170 million deal to buy stock in the company, costing employees millions in benefits.

  • November 13, 2024

    Attorneys Seek $983K Fee For Work On $2.95M Benefits Deal

    Six attorneys who settled a benefits class action on behalf of about 14,000 employees of an aerospace and auto parts manufacturer asked a Michigan federal judge to approve nearly $1 million in fees, saying this would be a standard payout in light of the $2.95 million settlement.

  • November 13, 2024

    Settlement Talks Falter In Schnader Harrison Pension Fight

    Negotiations between a former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm appear to have failed for now in the former partner's proposed Employee Retirement Income Security Act class action as the parties missed the deadline for a deal this week.

  • November 13, 2024

    Fla. College Nabs Early Win In Retirement Fee Suit

    A Florida federal court handed Embry-Riddle Aeronautical University an early win Wednesday in an ex-worker's proposed class action alleging mismanagement of her retirement plan, finding she hadn't demonstrated any individual injury from the recordkeeping fees or investments she had challenged.

  • November 13, 2024

    Cadwalader Brings New Partner To Corp. Team From Kirkland

    Cadwalader Wickersham & Taft LLP announced Tuesday that it had hired an adviser to companies and private equity funds from Kirkland & Ellis LLP, touting her experience in complex business transactions.

  • November 13, 2024

    NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight

    A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.

  • November 12, 2024

    Ex-Capital One Workers Lodge $43M 401(k) Forfeiture Suit

    A group of former Capital One employees has brought a proposed class action in New York federal court accusing the financial institution and its top brass of improperly using $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions to the plan.

  • November 12, 2024

    Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe

    Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.

  • November 12, 2024

    Deloitte Must Face Certified Class Over Nuclear Audit Reports

    A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.

  • November 12, 2024

    American Airlines Escapes Pandemic Early Retirement Suit

    A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims. 

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Ex-Alorica Employees Ask For Class Status In 401(k) Fee Suit

    Former Alorica Inc. employees urged a California federal court to sign off on a 4,000-member class in their lawsuit claiming the business process outsourcing company loaded its 401(k) plan with high costs and underperforming investment options.

  • November 08, 2024

    5 Ways Trump's Election Could Change Employee Benefits

    Donald Trump's election to a second term as president has attorneys preparing for potentially significant changes to tax, investment and health policy that could directly affect the administration of employee benefit plans. 

  • November 08, 2024

    Cigna Agrees To End Behavioral Health Underpayment Suit

    Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.

  • November 08, 2024

    Judge Won't Pause Housing Order In LA Campus Suit

    A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.

  • November 08, 2024

    Pot Co. Employees Accuse Billionaire Owner Of Fraud

    Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.

  • November 08, 2024

    Attys Ask 11th Circ. To Affirm Arbitration Denial In ERISA Case

    The American Association for Justice has urged the Eleventh Circuit to find that a legal technology company's arbitration clauses are unenforceable, arguing that the company should face workers' Employee Retirement Income Security Act suit in court.

  • November 08, 2024

    Mitsubishi Chemical Dodges Ex-Worker's ERISA Suit, For Now

    A New York federal judge tossed a former worker's suit claiming Mitsubishi's chemical unit retained pricey and underperforming funds in its $700 million retirement plan while failing to cut fees, finding his claims were either half-baked or he failed to show he suffered an injury.

  • November 07, 2024

    Trans Patients Say Fla. Ban On Care Should Be Bias Tested

    A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."

  • November 07, 2024

    ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win

    The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.

  • November 07, 2024

    Vanguard Investors Ink $40M Settlement In Tax Liability Suit

    Vanguard investors have asked a Pennsylvania federal judge to give the first green light to a $40 million settlement reached with the firm over it allegedly breaching its fiduciary duty when it triggered a sell-off of assets that left investors with massive tax bills.

  • November 07, 2024

    Sutter Health Could Face Retrial On Antitrust Claims In March

    Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.

  • November 07, 2024

    Bass Pro Shops Settles Challenge To Tobacco Health Plan Fee

    Bass Pro Shops struck a deal to end a proposed class action in Missouri federal court claiming the outdoor retailer improperly charged employees an extra $2,000 a year through their health plans if they used tobacco, according to a docket entry Thursday.

  • November 07, 2024

    Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed

    A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.

  • November 07, 2024

    Same PBM Conduct Means Same Insulin Price Trial, FTC Says

    Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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
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    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

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    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

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    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

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    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

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    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

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    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.

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