Benefits

  • August 15, 2024

    2023 Rule Revising Hospital Payments Struck Down

    A Texas federal judge on Thursday sided with about a dozen hospitals challenging a federal regulation that they say will curtail their payments for treating low-income patients, declaring the rule unlawful and setting it aside.

  • August 15, 2024

    9th Circ. Judges Seem To Split On Wash. Abortion Coverage

    A Ninth Circuit judge asked Thursday how a church could be harmed by a Washington law requiring employee health plans to cover abortions, since none of its workers had ever actually sought one, while another judge asked if tossing the case would slam the door on religious objections.

  • August 15, 2024

    Stop 'Pointing Fingers,' Judge Tells Blue Cross, Mich. Tribe

    A Michigan federal judge on Wednesday urged counsel in a Native American tribe's lawsuit alleging Blue Cross Blue Shield of Michigan improperly billed for members' healthcare to heed his repeated advice and focus on the merits of the case, denying both parties' attempts to punish the other.

  • August 15, 2024

    Northeast Grocery Chain Escapes 401(k) Mismanagement Suit

    The parent company of grocery chain Price Chopper defeated a proposed class action alleging it allowed its 401(k) plan to be bogged down with underperforming funds and excessive costs, with a New York federal judge ruling Thursday that workers hadn't provided enough detail to sustain their claims.

  • August 15, 2024

    Chemical Co. Inks $1.1M Deal To End 401(k) Row

    A group of former Univar Solutions USA Inc. employees asked an Illinois federal judge Thursday to greenlight a $1.1 million deal to shutter their suit claiming the chemical company saddled their $978 million retirement plan with excessive administrative fees.

  • August 15, 2024

    Caterpillar Must Face Illinois Ex-Workers' Genetic Privacy Suit

    Caterpillar Inc. can't escape a proposed class action alleging it violated an Illinois genetic information privacy statute by asking job applicants about their family medical history, a federal judge ruled, rejecting the machinery manufacturer's assertion that it didn't intend to collect the data.

  • August 15, 2024

    Full 11th Circ. To Weigh Georgia Deputy's Trans Health Win

    The Eleventh Circuit agreed Thursday to a full-court rehearing of an appeal from Georgia county officials looking to overturn a deputy's win in her suit alleging a health plan coverage exclusion for gender-affirming surgery violated federal anti-discrimination law.

  • August 15, 2024

    Okla. Says 10th Circ. PBM Ruling Defies High Court Precedent

    Oklahoma urged the U.S. Supreme Court to review a Tenth Circuit decision nullifying certain parts of a state law regulating pharmacy benefit managers, arguing the appeals court's ruling openly conflicts with sister circuits and previous high court rulings while pushing federal benefits law beyond its limits.

  • August 14, 2024

    Computer Equipment Co. Hid Demand Decline, Investor Says

    Cloud network equipment company Extreme Networks Inc. misled investors about its financial prospects and declining client demand as its customers' buying habits changed during the COVID-19 pandemic, according to a proposed class action filed in California federal court.

  • August 14, 2024

    Wintrust Escapes BlackRock 401(k) Fund Suit

    An Illinois federal judge agreed Wednesday to permanently toss a proposed class action against Wintrust Financial Corp. alleging mismanagement of an employee 401(k) plan, finding ex-workers hadn't plausibly alleged their employer violated federal benefits law by offering what they said were underperforming target-date funds.

  • August 14, 2024

    Fuel Co. Can't Halt Fund's Contributions Dispute, Judge Says

    An airplane fueling services company can't escape claims from a Teamsters benefit plan seeking more than $150,000 in unpaid contributions and other costs, a New York federal judge ruled, finding ambiguities with provisions in an agreement about contribution obligations preclude dismissal.

  • August 14, 2024

    Calbiotech Beats Ex-Worker's 401(k) Retaliation Suit

    A former Calbiotech Inc. employee must return a $12,500 payment he received after being terminated, a California federal judge ruled, finding he breached his severance agreement by filing a lawsuit claiming he was let go for asking about the life sciences company's 401(k) plan documents.

  • August 14, 2024

    Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win

    A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.

  • August 14, 2024

    Nordstrom Saddled 401(k) Plan With High Fees, Workers Say

    Nordstrom cost workers millions in savings by failing to trim excessive fees from its $3.4 billion retirement plan and using forfeited plan funds to cushion its contribution promises, a group of current and former workers alleged in a suit filed in Washington federal court.

  • August 14, 2024

    Chancery Says Unisys Must Advance Ex-Workers' Legal Fees

    Pennsylvania information technology company Unisys Corp. must front the legal fees and expenses for two executives it hired away from French competitor Atos SE and then sued for trade secret infringement after they went back to Atos two years later, Delaware's Court of Chancery has ruled.

  • August 13, 2024

    Atlassian Again Beats Investor Suit Over Software Co.'s Slump

    Investors in software company Atlassian Corp. haven't shored up claims that the company hid a slowdown in a key growth metric before a 2022 earnings miss, a San Francisco federal judge has decided, dismissing a proposed class action but giving plaintiffs one more shot at their claims.

  • August 13, 2024

    2nd Circ. Partially Revives Retirees' JPMorgan Benefits Suit

    The Second Circuit on Tuesday partially resurrected a retired JPMorgan Chase employee's putative class action claiming it failed to properly notify and inform workers after the retirement plan was converted to a cash balance plan, ruling that JPMorgan had properly notified retirees as to only some aspects of the change.

  • August 13, 2024

    Intuit Can't Escape Ex-Employee's 401(k) Forfeiture Suit

    A California federal judge has rejected Intuit's bid to toss a former employee's proposed class action claiming the company improperly used money from forfeited, nonvested accounts to reduce its own 401(k) matching contributions, but the judge trimmed claims the plaintiff agreed to drop related to the plan's administrative committee.

  • August 13, 2024

    10th Circ. Says Mine Can't Undo Worker's Black Lung Benefits

    A Tenth Circuit panel on Tuesday rejected a coal mining company's attempt to prevent a retired Utah miner from getting benefits under the Black Lung Benefits Act, finding the miner's time working in above-ground facilities did not remove the law's presumption in his favor.

  • August 13, 2024

    9th Circ. Reverses Order Sending Insulin Suit To State Court

    The Ninth Circuit on Tuesday sided with CVS Caremark and Express Scripts, ruling that a lower court erred in 2023 when it agreed to send California's allegations of inflated insulin prices back to state court.

  • August 13, 2024

    Quarry Liable For Layoff Notices, NLRB Tells DC Circ.

    The National Labor Relations Board correctly found that a quarry operator illegally issued layoff notices to union supporters, the agency argued to the D.C. Circuit on Tuesday, saying the company hadn't followed its practice of laying people off during cold weather.

  • August 13, 2024

    Yellow Takes Teamsters' Win Over Restructuring To 10th Circ.

    Yellow Corp. has asked the Tenth Circuit to revive its $137 million lawsuit accusing the Teamsters of driving the logistics firm into bankruptcy by fighting a necessary corporate restructuring, according to an appeals notice.

  • August 13, 2024

    Wash. Social Media Ban Violates Workers' Free Speech

    The Washington State Court of Appeals has said a state law barring injured workers from posting videos of their state workers' compensation medical exams on social media is an unconstitutional violation of free speech rights.

  • August 13, 2024

    Ex-Rep. Santos Warned Not To Hide Evidence As Trial Nears

    A New York federal judge cautioned former U.S. Rep. George Santos on Tuesday that failing to turn over discovery could box in his defense to allegations of campaign finance fraud and other criminal charges at a trial set to begin next month.

  • August 13, 2024

    Capital Group Can't Force 401(k) Fund Suit To Arbitration

    A California federal court refused to force individual arbitration of a proposed class action against The Capital Group Companies Inc. from a 401(k) plan participant alleging mismanagement, finding an arbitration provision in plan documents couldn't waive statutory rights under the Employee Retirement Income Security Act.

Expert Analysis

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    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.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    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.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    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.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    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.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    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.

  • Management Incentives May Be Revisited After PE Investment

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    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.

  • Practicing Law With Parkinson's Disease

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    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.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    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.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    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.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    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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