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Benefits
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September 17, 2024
Benefit Funds Sue Sandoz Over Alleged Fraudulent Transfers
Several health and welfare funds have filed a class action against Sandoz Inc. and affiliates in Pennsylvania federal court, alleging the drugmaker engaged in fraudulent transfers designed to evade liabilities stemming from drug-pricing antitrust litigation.
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September 17, 2024
Walmart Workers Sue Over Health Plan Tobacco Surcharges
Retail giant Walmart Inc. is violating federal benefits law by making workers who use tobacco pay more for health insurance, according to a proposed class action filed in Wisconsin federal court.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
Marshall Dennehey Adds Boyd & Jenerette Workers Comp Pro
Marshall Dennehey is growing its workers compensation practice in Florida with the addition of a former Boyd & Jenerette PA partner.
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September 17, 2024
HSF To Boost Paid Leave For Parents And Carers
Herbert Smith Freehills LLP said Tuesday that it will offer its employees increased leave for parents and carers, marking it the latest firm to offer improved policies to give staff greater support when they start a family.
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September 17, 2024
Syensqo Transfers $485M of Pension Risk To Pacific Life, RBC
Belgian chemicals company Syensqo said Tuesday it has offloaded $485 million of its U.S. and Canadian pension liabilities through a bulk annuity deal with two insurers.
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September 16, 2024
4th Circ. OKs Immediate Appeal Of Genworth 401(k) Class
The Fourth Circuit gave Genworth Financial a green light to challenge a recent trial court decision certifying a class in a suit brought by former Genworth workers who said the company violated federal benefits law by keeping underperforming BlackRock target-date funds in their 401(k) plan.
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September 16, 2024
Telecom Installer To Pay Workers $600K To End DOL Probe
A Michigan-based fiber optics installer will pay $594,000 in back pay and damages to 63 workers whom the U.S. Department of Labor says the company misclassified as independent contractors, the agency announced Monday.
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September 16, 2024
Aviation Workers Say Volato Fired Workforce Without Notice
Former employees of aviation company Volato Inc. filed a proposed class action in Florida federal court alleging that 233 employees, nearly all the workers at a St. Augustine facility, were laid off without required advanced notice.
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September 16, 2024
Ex-Cadwalader Litigation Co-Head Among Duo Added By V&E
Cadwalader Wickersham & Taft LLP's former global litigation group co-chair is one of two ex-partners in New York bringing their practices to Vinson & Elkins LLP, according to a Monday announcement.
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September 16, 2024
EEOC Says Healthcare Co.'s Leave Refusals Breach ADA
A company that provides healthcare services to the elderly violated the Americans with Disabilities Act by refusing to grant additional leave to workers when their Family and Medical Leave Act time off expired, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.
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September 16, 2024
7 Million UK Private Sector Workers Facing Pensions Crisis
The retirement incomes of 40% of employees in the private sector are on track to fail to provide sufficient money to give them a decent standard of living, a report by a think tank said Monday.
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September 16, 2024
Titanic Shipbuilder Sinks Under Weight Of Debt
Struggling shipbuilder Harland & Wolff said Monday that it plans to enter into administration and remove its shares from the London Stock Exchange after failing to win a £200 million ($264 million) government loan to help offset money owed to creditors.
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September 16, 2024
Tribunal Tosses Asda Workers' Claim For Extra Holiday Pay
A group of Asda employees have lost their bid for extra holiday pay as an employment tribunal ruled in favor of the supermarket chain, finding that it had the right under its agreement with the union to determine which days count as national holidays.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.
The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.
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September 13, 2024
Workers Strike Class Deal With Ex-Union's Benefit Plans
Former transportation company workers who accused a pair of their ex-union's benefit plans of unlawfully overpaying one of the plans' trustees and the plans' manager have urged an Illinois federal judge to greenlight a $615,000 class action deal.
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September 13, 2024
Yellow Corp.'s Bid To Ax $7.8B Pension Liability Rejected
A Delaware bankruptcy judge sided with the Pension Benefit Guaranty Corp. in its dispute with trucking firm Yellow Corp. over $7.8 billion in retirement fund withdrawal liability, ruling Friday that special federal funds from a 2021 COVID-19 stimulus package do not reduce or eliminate the debtor's liability.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Emergent BioSolutions Pays $40M To Settle COVID Vax Suit
Emergent BioSolutions has agreed to pay $40 million to settle a consolidated class action alleging it misled investors about how prepared it was to handle two high-profile deals to manufacture COVID-19 vaccines.
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September 13, 2024
Boeing Machinists Strike For First Time Since 2008
Thousands of Boeing machinists and other workers walked off the job Friday after rejecting a proposed contract that union leadership had recommended for approval.
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September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
Freeths Hires McNulty As Pensions Director In London
Freeths LLP has appointed Sean McNulty, a former legal director at Blake Morgan as a pensions director in its London office, a move it believes will bolster its retirement income business.
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September 13, 2024
UK Pensions Lifeboat Sets £100M Levy Amid Calls For Change
Britain's pensions protection body has said that it is likely to maintain its £100 million ($131 million) levy on the sector for the next financial year, as analysts call for legislative change that would allow the redress program to lower it further.
Expert Analysis
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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Inside OMB's Update On Race And Ethnicity Data Collection
The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Management Incentives May Be Revisited After PE Investment
As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.