Benefits

  • November 21, 2024

    11th Circ. Says Fla. Law Bars Workers' Comp Suit

    The Eleventh Circuit backed the dismissal of a worker's suit claiming a chemical company didn't do enough to shield him from particles that caused a lung condition, ruling that a Florida workers' compensation law blocks him from pursuing the company in court for negligence.

  • November 21, 2024

    House Panel Seeks Info On DOL Agreements With Law Firms

    The U.S. House Committee on Education and the Workforce on Thursday pressed the U.S. Department of Labor for details about its information-sharing agreements with plaintiffs law firms after discovery in a proposed class action revealed a pact between the agency and Cohen Milstein Sellers & Toll PLLC.

  • November 21, 2024

    2nd Circ. Doubts Concrete Cos.' Revival Bid In CBA Fight

    The Second Circuit appeared reluctant Thursday to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, with multiple judges pointing to discovery failures that underpinned a lower court's grant of summary judgment to the union.

  • November 21, 2024

    11th Circ. Asked To Rethink $100M Credit For John Hancock

    The Eleventh Circuit should reverse its decision allowing John Hancock Life Insurance Co. to keep $100 million in foreign tax credits that rightfully belong to the company's investors, trustees of a retirement plan said in arguing that the court overlooked a key U.S. Treasury regulation.

  • November 21, 2024

    MVP: Cohen Milstein's Michelle C. Yau

    Michelle Yau of Cohen Milstein Sellers & Toll PLLC helped to secure multiple multimillion-dollar settlement deals as lead counsel on class actions from workers alleging retirement plan mismanagement, including deals with New York Life Insurance Co. and Citgo Petroleum Corp., earning her a spot among the 2024 Law360 Benefits MVPs.

  • November 20, 2024

    6th Circ. Revives 401(k) Fund Suit Against Parker-Hannifin

    A split panel of the Sixth Circuit on Wednesday revived a proposed class action against Parker-Hannifin Corp. from workers who alleged mismanagement of their employee retirement plan, finding a lower court erred in dismissing claims that high-fee and poorly performing investment offerings in the plan violated federal benefits law.

  • November 20, 2024

    PBMs Sue To Block FTC's In-House Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

  • November 20, 2024

    Amazon Settles Military Leave Bias Suit Ahead Of Trial

    Amazon has settled an employee's suit claiming the online retail giant blocked him from promotions because he took leave to serve in the U.S. Marine Corps Reserve, prompting a Washington federal judge on Wednesday to halt a trial that was set to begin in the case next month.

  • November 20, 2024

    Firms For Ohio Funds Aim To Steer ZoomInfo Investor Suit

    Two Ohio retirement funds asked a Washington federal judge to name their attorneys from Labaton Keller Sucharow LLP and Byrnes Keller Cromwell LLP as lead counsel and liaison counsel in investor claims brought against ZoomInfo Technologies Inc. over its allegedly misguided attempts to maintain a pandemic-era customer boom.

  • November 20, 2024

    US Chamber Backs Fla. City In ADA Retirement Benefits Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court to back the Eleventh Circuit's determination that federal disability law doesn't protect former employees from post-employment bias, arguing a former Florida firefighter is trying to stretch the statute beyond what Congress intended.

  • November 20, 2024

    Pa. Justices Ask Why CBD Isn't 'Medicine' For Hurt Workers

    Justices on the Pennsylvania Supreme Court questioned Wednesday why they should accept an insurer's assertion that hemp-derived CBD oil should be deemed dangerous, when an injured attorney's physician had prescribed it for pain relief as part of his workers' compensation treatment plan.

  • November 20, 2024

    MVP: Zuckerman Spaeder's D. Brian Hufford

    D. Brian Hufford of Zuckerman Spaeder LLP secured key wins for his clients over the past year in cases challenging thousands of healthcare coverage denials, including a victory at the Ninth Circuit where he was able to change the court's mind on the third try, earning him a spot as a 2024 Law360 Benefits MVP.

  • November 19, 2024

    Vets' Attys Want Nonprofit To Get $63M Of Agent Orange Funds

    Counsel representing a class of Vietnam veterans exposed to Agent Orange and their survivors in litigation that settled 33 years ago urged a California federal judge on Tuesday to hand $63 million in unclaimed funds to a legal nonprofit, a request the federal government has contested.

  • November 19, 2024

    CSX Can't Escape FMLA Suit Over Attendance Policies

    CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.

  • November 19, 2024

    UnitedHealthcare Can't Escape Patient's Proton Beam Suit

    A Florida federal judge on Tuesday refused to toss a federal benefits lawsuit from a patient who alleged that UnitedHealthcare wrongly denied him coverage for proton beam therapy to treat tongue cancer, rejecting the insurer's argument that an exclusion for unproven treatments applied.

  • November 19, 2024

    Insurers Urge Arbitration Of Union Fund's ERISA Claims

    Elevance Health Inc. and several affiliated health insurers want a Connecticut federal judge to force arbitration of claims brought by a union fund that alleges excessive fees violated benefits law, arguing that the companies were unaware of an arbitration agreement with the plaintiff when they started litigating the early stages of a proposed class action.

  • November 19, 2024

    US Chamber, Biz Groups Back Halt Of Ill. Temp Worker Law

    The U.S. Chamber of Commerce and other organizations backed a bid by a group of staffing associations and agencies to block enforcement of an Illinois law mandating benefits for long-term temporary workers, saying the amended law still distorts the Employee Retirement Income Security Act.

  • November 19, 2024

    MVP: Mayer Brown's Brantley Webb

    Brantley Webb of Mayer Brown LLP's U.S. Supreme Court and appellate practice group guided Yale University and Wood Group PLC to trial victories in Employee Retirement Income Security Act lawsuits and convinced the D.C. Circuit to uphold the dismissal of a challenge to Georgetown University's retirement plans, earning her a spot as one of the 2024 Law360 Benefits MVPs.

  • November 18, 2024

    Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says

    The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Amazon Worker Can't Add Retaliation Claim To December Trial

    A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.

  • November 18, 2024

    Bechtel Retiree Seeks Class Status In 401(k) Fee Suit

    A Bechtel Global Corp. retiree asked a Virginia federal judge to let her represent 7,000 retirement plan participants in her suit claiming the engineering company overcharged its $5.7 billion plan by tapping a pricey default investment option.

  • November 18, 2024

    MVP: McDermott's Allison Wilkerson

    McDermott Will & Emery LLP's Allison Wilkerson led the firm's employee stock ownership plan practice group through numerous high-profile deals this year, including accounting firm BDO's $1.3 billion transaction to create its ESOP and multiple acquisitions of ESOP-owned companies, landing her a spot among the 2024 Law360 Benefits MVPs.

  • November 18, 2024

    High Court Turns Away Ex-Volvo Worker's Military Bias Suit

    The U.S. Supreme Court declined Monday to review a U.S. Army veteran's suit claiming Volvo fired her because of her military service and post-traumatic stress disorder, leaving in place a Seventh Circuit decision that refused to reinstate a $7.8 million jury verdict in her favor.

  • November 15, 2024

    PBMs Denied Breakup Of Combined FTC Insulin Price Trial

    The Federal Trade Commission's allegations that pharmacy benefit manager giants Caremark Rx, Express Scripts and OptumRx are artificially inflating insulin prices through unfair rebate schemes will forge ahead as a single case following an in-house agency judge's refusal to break them into separate proceedings.

Expert Analysis

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • How Expanded Birth Control Coverage May Affect Employers

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    Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Insurance Industry Impacts If DOL Fiduciary Rule Is Revived

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    If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

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