Benefits

  • August 07, 2025

    2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'

    The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.

  • August 07, 2025

    BioPharma Co.'s $15M Deal Over Ruined J&J Vaccines OK'd

    A Maryland federal judge on Thursday granted final approval to a $15 million settlement to close out a stockholder derivative suit claiming Emergent BioSolutions Inc. and its top brass made a mint selling stock before their allegedly lax oversight led to the contamination of over 15 million Johnson & Johnson COVID-19 vaccine doses.

  • August 07, 2025

    Worker Says Property Firm Fired Her Over Medical Diagnosis

    A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.

  • August 07, 2025

    Michigan AG Fights Bid To Pause PBM Price-Fixing Suit

    Michigan's attorney general has said there is no reason to pause her price-fixing suit against pharmacy benefit managers Express Scripts and Prime Therapeutics for a pending dismissal motion, urging a federal judge not to put discovery on ice. 

  • August 07, 2025

    10th Circ. Upholds Okla. Law Banning Trans Care For Minors

    The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.

  • August 07, 2025

    Anthem Seeks Exit From Lab's $3.8M Insurance Suit

    Anthem Blue Cross Blue Shield of Connecticut again asked a federal judge to let it out of a lab's $3.8 million suit alleging the company failed to pay 3,000 insurance claims for medical tests, arguing that the lab's second amended complaint didn't make up for the deficiencies that got most of the first one dismissed.

  • August 07, 2025

    2nd Circ. Axes Challenge To Medicare Drug Price Negotiations

    In a published opinion Thursday, the Second Circuit turned away Boehringer Ingelheim's constitutional and administrative challenge to the Medicare Drug Price Negotiation Program, finding that the program is voluntary and it was lawfully implemented under the Inflation Reduction Act.

  • August 07, 2025

    Rising Star: Skadden's Mary E. Grinman

    Mary E. Grinman of Skadden Arps Slate Meagher & Flom LLP has defended several large employers in proposed class actions alleging retirement plan mismanagement, including Liberty Mutual and JPMorgan, earning her a spot among benefits practitioners under age 40 honored by Law360 as Rising Stars.

  • August 07, 2025

    Trump Greenlights Private Equity, Crypto 401(k) Investing

    President Donald Trump signed an executive order Thursday that aims to make it easier for retirement plans to invest in a wider range of assets, including cryptocurrency, private equity and real estate.

  • August 07, 2025

    7th Circ. Backs $75M In Chicken Price-Fixing Settlements

    The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.

  • August 07, 2025

    Vanguard, Investors Agree To Settle After Axed $40M Tax Deal

    Vanguard and investors have reached a second deal in a suit over allegations of surprise tax bills from a fund restructuring after a Pennsylvania federal judge scrapped a previous settlement in which the class would have fetched $40 million, the parties said Thursday.

  • August 07, 2025

    Alcoa Can't Stop Order Reinstating Retirees' Lifetime Benefits

    Alcoa USA Corp. lost its bid to pause an injunction reinstating lifetime healthcare benefits for a class of unionized retirees, their surviving spouses and dependents, with an Indiana federal judge finding the Seventh Circuit is likely to uphold the lower court's reasoning.

  • August 07, 2025

    Mass. High Court Affirms $1M Pension Loss For OT Fraud

    The forfeiture of $1 million in pension and health benefits following a Massachusetts state trooper's conviction in an overtime fraud scheme is not so grossly disproportionate to the offense that it violates the state constitution's prohibition on excessive fines, Massachusetts' highest court concluded on Thursday.

  • August 07, 2025

    Defense Cos. Get Forfeiture Claims Cut From 401(k) Suit

    A Kansas federal judge largely declined to toss two ex-workers' claims that defense contractors improperly retained costly investment options in their retirement plans but threw out allegations that the companies violated federal benefits law by using forfeited plan funds to cover their contribution obligations.

  • August 06, 2025

    6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit

    The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.

  • August 06, 2025

    6th Circ. Orders Redo Of Pension Fund Withdrawal Liability

    The Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude."

  • August 06, 2025

    Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows

    The Ninth Circuit aligned with several other federal appeals courts when it recently struck down a clause in a food service company's employee health plan that barred class or representative actions, marking the latest in a series of setbacks for employers looking to push federal benefits suits into solo arbitration.

  • August 06, 2025

    Masimo Drops Founder Joe Kiani From 'Empty Voting' Suit

    Masimo Corp. has agreed to free its founder, Joe Kiani, from the medical technology company's suit alleging he manipulated a shareholder vote through an "empty voting" scheme, pointing to "the interest of judicial efficiency and economy."

  • August 06, 2025

    Texas Hospital Should Face Retirement Plan Suit, Judge Says

    A Houston hospital shouldn't dodge a proposed class action claiming it failed to remove a J.P. Morgan fund from its $2.8 billion employee retirement plan despite the investment option's consistent underperformance, a Texas federal magistrate judge recommended Wednesday, saying the allegations are solid enough to stay in court.

  • August 06, 2025

    Wells Fargo Worker To Pay $3M To Settle ESOP Class Claims

    A Wells Fargo employee will pay $3 million to resolve claims against her in a class action alleging owners of an electrical component company and managers of its employee stock ownership plan undervalued the plan's shares when the program shut down, according to a filing in Massachusetts federal court.

  • August 06, 2025

    Rising Star: Cohen Milstein's Ryan Wheeler

    Ryan Wheeler of Cohen Milstein Sellers & Toll PLLC has recovered millions of dollars for his clients in benefits cases, like one claiming that Citgo shorted retirees in pension payments, and another saying that an Illinois casino used an employee stock ownership plan to craft a shady company sale, earning him a spot among the benefits law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2025

    LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit

    Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.

  • August 05, 2025

    Wash. Judge Questions Injunctions' Scope In Head Start Case

    A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.

  • August 05, 2025

    OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

    OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

  • August 05, 2025

    UBH Patients Score Partial Win In Mental Health Claims Fight

    A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.

Expert Analysis

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

    Author Photo

    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

    Author Photo

    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • What Dismissal Rulings May Mean For ERISA Forfeiture Cases

    Author Photo

    Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

    Author Photo

    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

    Author Photo

    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

    Author Photo

    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

  • Series

    Playing Soccer Makes Me A Better Lawyer

    Author Photo

    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • DOJ-HHS Collab Crystallizes Focus On Health Enforcement

    Author Photo

    The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.

  • Series

    Law School's Missed Lessons: Learning From Failure

    Author Photo

    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • Lessons On Parallel Settlements From Vanguard Class Action

    Author Photo

    A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

    Author Photo

    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • What To Know As SEC Looks To Expand Private Fund Access

    Author Photo

    As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.

  • Series

    Playing Baseball Makes Me A Better Lawyer

    Author Photo

    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

    Author Photo

    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • FCA Working Group Reboot Signals EHR Compliance Risk

    Author Photo

    The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here