Benefits

  • August 09, 2024

    Appeals Board Says BAE Not Owed $21M Pension Cost Claim

    The Armed Services Board of Contract Appeals rejected BAE Systems' $20.8 million appeal over costs related to withdrawing from a union pension plan at the end of a U.S. Air Force contract, saying the contract did not cover those costs.

  • August 09, 2024

    Aetna Illegally Axed Exec's Disability Benefits, Judge Says

    A California federal judge said Aetna was wrong to end an executive's disability benefits after it found he suffered from a mental illness instead of a physical disability, stating the insurer used flawed doctor opinions and may have been motivated by cutting costs.

  • August 09, 2024

    Kraft-Heinz Investor Can't Revive Del. Insider Trading Suit

    Attorneys for a Kraft Heinz stockholder lost a bid to convince Delaware's Court of Chancery that new evidence justified reopening a dismissed suit alleging that company insiders with ties to a controlling investor, Brazilian private equity firm 3G Capital Inc., sold $1.2 billion worth of shares on nonpublic information.

  • August 09, 2024

    Energy Transfer Investors Get Partial Win In $3B Pipelines Suit

    A Pennsylvania federal judge granted a class of investors a partial win in a class action claiming that Energy Transfer misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, ruling that the investors have raised genuine issues of material fact with at least one of their claims.

  • August 09, 2024

    Liberty Mutual Must Face Eatery's Suit Over Injury Claim

    The Connecticut state appeals court on Friday revived a restaurant's lawsuit against Liberty Mutual Insurance Co. stemming from a workers' compensation claim, ruling that an administrative board that initially sided with the insurer lacked jurisdiction over the matter.

  • August 09, 2024

    DOL Settles White Mountain Apache Tribe's ERISA Suit

    A D.C. federal judge has signed off on an agreement between the U.S. Department of Labor and the White Mountain Apache Tribe that settles its ERISA suit claiming the agency unlawfully slapped it with $140,000 in penalties after abruptly enforcing certain pension reporting requirements.

  • August 09, 2024

    Home Depot's ERISA Win At 11th Circ. Deepens Circuit Split

    The Eleventh Circuit's recent ruling backing Home Depot's defeat of a suit from workers who showed their 401(k) plan was mismanaged, but couldn't tie those lapses to financial losses, adds to a growing circuit split that attorneys say warrants guidance from the U.S. Supreme Court.

  • August 08, 2024

    Uber's $200M Deal To End Investors' 'Train Wreck' IPO Suit OK'd

    A California federal judge granted preliminary approval Thursday to Uber's $200 million class action deal with investors who claim the ride-hailing giant made false and misleading statements ahead of its $8.1 billion initial public offering regarding its passenger safety record, financial condition and the legality of its business model.

  • August 08, 2024

    Video Game Co. Can't Beat All Of Investors' Fraud Claims

    Digital entertainment and e-commerce company Sea Ltd. can't fully defeat a pension fund's lawsuit alleging that the company misled the market to stop a free fall in its share price after a subsidiary lost publishing rights in Southeast Asia to the popular League of Legends video game, among other things.

  • August 08, 2024

    CenterPoint Accused Of Mishandling Worker Retirement Plan

    A group of CenterPoint Energy employees hit the company with a proposed class action on Wednesday, alleging the entity mismanaged their employee retirement plan and cost participants millions of dollars.

  • August 08, 2024

    Block & Leviton, Bernstein Litowitz To Lead WWE-UFC Suit

    Block & Leviton LLP and Bernstein Litowitz Berger & Grossmann LLP pinned down counsel leadership duties Thursday for a pending, high-profile Delaware Court of Chancery stockholder challenge to World Wrestling Entertainment Inc.'s $21.4 billion merger with Ultimate Fighting Championship.

  • August 08, 2024

    NJ Chief Justice Escapes Depo In Ex-Jurist's Pension Suit

    Chief Justice Stuart Rabner of the New Jersey Supreme Court will not have to sit for a deposition in a suit brought by a former Superior Court judge over the denial of her disability pension application, a Garden State judge ruled Thursday.

  • August 08, 2024

    Liberty U., Ex-President Falwell Resolve Benefits Battle

    A Virginia federal judge dismissed Thursday former Liberty University President Jerry Falwell Jr.'s suit that asked for $8.5 million in retirement benefits in the aftermath of his resignation and a sex scandal, after Falwell and the school said they had reached a settlement.

  • August 07, 2024

    Abbott Brass Trim But Can't Nix Investors' Formula Recall Suit

    A Chicago federal judge on Wednesday substantially trimmed a derivative suit accusing Abbott Laboratories leaders of concealing known safety issues related to recalled infant formula but rejected the defendants' argument that tossing the suit in its entirety was in shareholders' "best interest."

  • August 07, 2024

    Santos, Feds Agree Jurors' Identities Should Be Secret

    Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.

  • August 07, 2024

    Republican Lawmakers Target Union Pension Overpayments

    Two struggling union pension plans have returned excess bailout funds they received because deceased pensioners weren't removed from their directories, but the Pension Benefit Guaranty Corp. hasn't said whether 60 other plans with deceased pensioners in their directories returned any extra funds, two Republican congresspeople said.

  • August 07, 2024

    Japanese Space Co. Slips Ex-Exec's $8M Stock Suit

    A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.

  • August 07, 2024

    Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says

    A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.

  • August 07, 2024

    Thompson Coburn Adds Willkie Benefits Atty

    Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.

  • August 07, 2024

    Tyson Foods Escapes 401(k) Recordkeeping Fee Suit

    An Arkansas federal judge agreed to toss a proposed class action federal benefits lawsuit from participants in a 401(k) plan for employees of Tyson Foods Inc., concluding allegations of high recordkeeping fees weren't backed up with sufficient comparisons to better-managed plans as required in the Eighth Circuit.

  • August 06, 2024

    Florida Asks 11th Circ. To Let Gender Law Take Effect Now

    Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.

  • August 06, 2024

    KKR & Co., 2 Founders Sued In Del Over $500M Exit Deal

    A union pension fund has sued KKR & Co. Inc. founders Henry Kravis and George Roberts and 14 others in connection with no-tax share conversion payment rights lined up in connection with the company's October 2021 switch from an umbrella partnership "C" company into a regular corporation.

  • August 06, 2024

    Investment Adviser Must Face Union Fund's $30M ERISA Suit

    A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.

  • August 06, 2024

    Amazon Seeks Early Exit From Military Service Bias Suit

    Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."

  • August 06, 2024

    Ex-Honeycomb Manager Wants Benefits Case Reopened

    Attorneys for a former Savannah Bee Co. honeycomb manager urged the Georgia Court of Appeals on Tuesday to reverse the Georgia Department of Labor's decision to deny her unemployment benefits on the grounds that her appeal was not timely, arguing circumstances caused her to file late with "good cause."

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Asset Manager Considerations For Soliciting Calif. Pensions

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    With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Why It's Time To Regulate Plan Data As An Asset

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    With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue

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    The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • $735M Tesla Settlement Drives Home Lessons For Boards

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    As one of the largest settlements of its kind, the recent $735 million deal between Tesla and 11 nonemployee directors highlights the increased scrutiny placed on compensation practices and director independence, and provides further caution to members of boards and their compensation committees, say attorneys at Cleary.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • 2nd Circ. Goldman Ruling May Hinder Securities Classes

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    The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

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