Benefits

  • October 01, 2024

    Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now

    A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.

  • October 01, 2024

    Lighting Co., ESOP Manager Can't Toss Workers' ERISA Fight

    A California federal judge refused to toss an ex-worker's federal benefits lawsuit alleging a lighting company's employee stock ownership plan was mismanaged in a $25 million sale of company stock, finding allegations could proceed to discovery that individuals behind the deal breached their fiduciary duty to the ESOP.

  • October 01, 2024

    Military Contractor's Widow Can Continue Death Benefit Suit

    A widow's pursuit of $670,000 in benefits following her husband's death in Afghanistan while training the country's police force can continue, an Illinois federal judge ruled, trimming claims against the man's employers and benefits administrators but leaving her breach of contract claim against an insurer intact.

  • October 01, 2024

    Boeing Can't Escape Investors' 737 Max Fraud Suit

    An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.

  • October 01, 2024

    Amgen Must Face Suit It Misled Investors On $10.7B Tax Bill

    Amgen lost an attempt to escape a potential class action claiming the pharmaceutical giant hid a $10.7 billion tax bill from investors after a New York federal court ruled there was sufficient evidence for the action to proceed.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • September 30, 2024

    Google Investors' Attys Snag $66.5M In $350M Privacy Deal

    A California federal judge on Monday gave final approval to Alphabet's $350 million deal settling a Google data breach securities suit and awarded $66.5 million for attorney fees amid objections, calling the deal "an excellent result" and noting the 19% cut was below the benchmark for similar cases.

  • September 30, 2024

    Missouri Drops Appeal Intended To Save ESG Regulations

    Missouri has asked the Eighth Circuit to dismiss its appeal of a federal judge's decision finding that the state's anti-environmental, social and governance regulations for brokers and advisers violate the First Amendment and are preempted by federal laws.

  • September 30, 2024

    Military Reservist Not Owed Top-Up Pay, Feds Tell High Court

    A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.

  • September 30, 2024

    Ex-Jersey Shore Mayor Admits To Benefits Theft, Tax Crimes

    The former mayor of Wildwood, New Jersey, has admitted to unlawfully obtaining state health benefits, failing to disclose his outside employment and neglecting to report income from that job on state tax returns, New Jersey Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Monday.

  • September 30, 2024

    MetLife Can't Get Early Win In Pensioners' Mortality Table Suit

    MetLife lost its bid for an early win Monday in a federal benefits lawsuit from pensioners alleging the company lowballed their annuity payouts by using outdated mortality data when making conversions, with a New York federal judge concluding that disputes over actuarial assumptions should proceed to trial.

  • September 30, 2024

    Theater Nixed Older Workers' Health Benefits, EEOC Says

    A New Mexico movie theater refused to provide employees over 65 with health insurance benefits and forced a 72-year-old manager to retire amid the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission told a federal court.

  • September 30, 2024

    Macy's Can't Dodge DOL's Tobacco Surcharge Program Suit

    An Ohio federal judge has denied Macy's Inc.'s bid to dismiss a health plan discrimination claim brought against it by the U.S. Department of Labor but gave the retailer a chance to try again, ruling that the parties' dispute has surely been affected by the U.S. Supreme Court's recent decision to ax Chevron deference.

  • September 30, 2024

    Steward Health CEO Sues Senate Panel After Contempt Vote

    The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.

  • September 27, 2024

    Texas AG Wants Austin's Abortion Travel Fund Shut Down

    Texas Attorney General Ken Paxton on Friday accused the city of Austin of illegally using taxpayer funds to cover travel costs for people traveling out of the Lone Star State to get abortions, claiming that the city is misappropriating the funds in violation of the state constitution.

  • September 27, 2024

    Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices

    The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.

  • September 27, 2024

    Disney Warns Investor Streaming Suit Could Chill Innovation

    Allowing securities litigation over The Walt Disney Co.'s underperforming streaming service to go forward would discourage companies from trying "new, risky business plans," counsel for the entertainment giant told a California federal judge in an attempt to toss the suit Friday.

  • September 27, 2024

    Hedge Fund Inks $7.9M Deal In ERISA 401(k) Investment Suit

    A Connecticut-based hedge fund that went bankrupt and owner George A. Weiss have agreed to pay $7.9 million to end an ex-worker's suit alleging the company plowed its employees' retirement savings into two substandard proprietary funds, according to filings Friday in Connecticut federal court.

  • September 27, 2024

    Shipping Cos. Say Union Won't Bargain As Strike Looms

    A group representing shipping industry employers along the East and Gulf coasts claimed the International Longshoremen's Association violated federal labor law by refusing to negotiate for a new contract, as the union representing thousands of dockworkers gears up for a strike that could begin Oct. 1.

  • September 27, 2024

    GOP States Sue HHS Over Gender Dysphoria Disability Rule

    A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.

  • September 27, 2024

    11th Circ. Rejects Initial En Banc Hearing For ERISA Appeal

    The Eleventh Circuit denied an initial en banc hearing request from former employees of a seafood company who are pushing to revive a lawsuit alleging their employee stock ownership plan was overcharged by tens of millions of dollars after a Georgia federal judge dismissed the case in December.

  • September 27, 2024

    Alvarez & Marsal Tax Appoints Former Weil Official

    Alvarez & Marsal's tax affiliate announced it has appointed a former Weil Gotshal & Manges LLP executive as a senior official for the firm's compensation and benefits practice.

  • September 27, 2024

    Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair

    A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.

  • September 27, 2024

    NFL Retirement Plan Can't Dodge Ex-Player's Benefits Suit

    The National Football League's retirement plan can't fully toss a retired player's suit alleging he was illegally denied retirement benefits after the plan found his rookie season didn't qualify him for it, a Texas federal judge ruled, rejecting the argument that he didn't properly appeal the denial.

  • September 27, 2024

    MetLife's 3rd Circ. Win Won't Stop ERISA Health Fee Suits

    The Third Circuit's recent decision upholding MetLife's escape from a lawsuit accusing the company of pocketing $65 million in pharmacy rebates instead of using the funds to lower employee healthcare costs hands additional authority over to employers facing a new wave of class action litigation over excessive health fees, attorneys say.

Expert Analysis

  • Roundup

    After Chevron

    Author Photo

    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Opinion

    FIFA Maternity Policy Shows Need For Federal Paid Leave

    Author Photo

    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

    Author Photo

    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

    Author Photo

    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

    Author Photo

    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

    Author Photo

    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

    Author Photo

    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What DOL Fiduciary Rule Means For Private Fund Managers

    Author Photo

    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • How Associates Can Build A Professional Image

    Author Photo

    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

    Author Photo

    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • Emerging Trends In ESG-Focused Securities Litigation

    Author Photo

    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

    Author Photo

    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Benefits archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!