Benefits

  • January 07, 2025

    AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win

    Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.

  • January 07, 2025

    5 Argument Sessions Benefits Attys Should Check Out In Jan.

    The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.

  • January 07, 2025

    6th Circ. Declines To Send Publix Questions To Ga. High Court

    The Sixth Circuit won't certify a set of questions about Georgia state nuisance law to the state's Supreme Court, after ruling that Publix Super Markets Inc. hasn't shown the appeals court needs to step in before a bellwether trial in the national opioid multidistrict litigation.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Bass Pro To Pay $5M To End Worker's Tobacco Penalty Suit

    Bass Pro Shops has agreed to pay $4.95 million to settle a proposed class action claiming the retailer unlawfully charged employees who use tobacco an extra $2,000 per year for health insurance without properly telling them how to avoid the charge, according to a Missouri federal court filing.

  • January 07, 2025

    Davis Polk, Kirkland Guide Paychex's $4.1B Paycor Buy

    Human capital management company Paychex Inc., advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to buy fellow human capital management, payroll and talent acquisition software company Paycor, led by Kirkland & Ellis LLP, in a deal with an enterprise value of $4.1 billion.

  • January 06, 2025

    Hospital Escapes Investment Underperformance Suit, For Now

    A Colorado federal judge on Monday agreed to initially toss a proposed class action alleging mismanagement of a faith-based nonprofit hospital's retirement plan, finding the plaintiffs haven't backed up their allegations of investment underperformance.

  • January 06, 2025

    Fed. Circ. Revives DEA Agent's Challenge To Promotion Denial

    The Merit Systems Protection Board must reevaluate a former U.S. Drug Enforcement Administration agent's case alleging a promotion was unlawfully delayed because he took time off for military service, the Federal Circuit said Monday, ruling an administrative judge used the wrong standard to evaluate his claim.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    5th Circ. Iffy On Humana, Blue Cross Allergy Meds Denials

    A Fifth Circuit panel seemed poised Monday to side with an allergy services provider accusing insurance giants Blue Cross Blue Shield and Humana of colluding to deny claims and drive the company out of the market.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    Northern Trust Inks $6.9M Deal To Shutter 401(k) Suit

    Northern Trust Co. has agreed to pay $6.9 million to end a proposed class action claiming it tapped underperforming proprietary investment funds for its $2.8 billion retirement plan, according to a Monday filing in Illinois federal court.

  • January 06, 2025

    Ga. Physician Assistant Sues Insurer Over Disability Benefits

    A former physician assistant at Emory Healthcare Inc. filed suit Friday against Unum Life Insurance Co. of America, alleging that the company wrongfully terminated her long-term disability benefits despite her continued suffering from long COVID, which rendered her "unable to sustain almost any level of physical activity."

  • January 06, 2025

    Ex-NFL Pro Abandons 5th Circ. Bid To Renew Benefits Suit

    Former Denver Broncos fullback Detron Smith has dropped his Fifth Circuit appeal of a ruling that denied his bid to receive full disability benefits, days before arguments were set in the case.

  • January 06, 2025

    Outpatient Surgery Co. Strikes $1.5M Deal To End 401(k) Suit

    United Surgical Partners International Inc. will pay about $1.48 million to end a proposed class action alleging the outpatient surgery network loaded its employee 401(k) plan with expensive investment options and excessive fees, according to a filing in Texas federal court.

  • January 06, 2025

    Conn. Justices Won't Hike Benefits Cut For Law Partner's Ex

    The ex-husband of a law firm partner cannot secure a bigger cut of the partner's retirement funds because the payments from the firm are too "speculative" to qualify as property, the Connecticut Supreme Court ruled 5-1 on Monday.

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 03, 2025

    George Santos Wants Fraud Sentencing Delayed For Podcast

    Expelled U.S. Rep. George Santos on Friday urged a New York federal judge to delay sentencing in his federal fraud case for six months, saying he needs time to earn money through his new "Pants On Fire" weekly gossip podcast to pay roughly $580,000 owed in restitution and forfeiture.

  • January 03, 2025

    PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

    An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Biden Signs Bill To Stop Convicted Lawmakers' Pensions

    President Joe Biden has signed a law that would close a "loophole" to prevent former members of Congress convicted of certain crimes from receiving pensions during their appeals process.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 02, 2025

    Tesla Investors Appeal Chancery Rulings In Musk Pay Suit

    Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.

  • January 02, 2025

    1st Private Co. Joins Insulin Price-Fixing MDL

    A Florida-based car dealer is the first private company to join a multidistrict litigation accusing Novo Nordisk, Eli Lilly and Sanofi-Aventis of fixing the prices of insulin and other drugs to treat diabetes.

  • January 02, 2025

    ERISA Can't Shield Packaging Co. From Genetic Privacy Suit

    A food packaging company must face a former employee's lawsuit claiming it unlawfully asked about her family medical history, an Illinois federal judge ruled, saying the claims weren't preempted by federal benefits law because it wasn't clear a corporate wellness plan was involved.

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Musk Pay Fight Shows Investor Approval Isn't Universal Cure

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    The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

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