Benefits

  • June 25, 2024

    Public Pensions Have Personnel Authority, Calif. Panel Rules

    A county public employee retirement system has the authority to create employment classifications and set its employees' salaries, a California appellate court ruled Monday, reviving the Los Angeles County Employees Retirement Association's lawsuit seeking confirmation of its authority to make key personnel decisions.

  • June 25, 2024

    7th Circ. Backs State Farm's Employment Suit Coverage Win

    State Farm is off the hook for a dispute between the former president of the College of DuPage and the board that fired and allegedly defamed him, the Seventh Circuit said, affirming a lower court's finding that another insurer should cover the litigation and $4 million settlement.

  • June 25, 2024

    Healthcare Co. Inks $1.5M Deal To End Pension Fund Suit

    A Massachusetts healthcare company has agreed to pay $1.5 million to end a class action alleging it loaded its $500 million pension plan with costly investments and failed to keep administrative fees in check, plan participants leading the suit told a federal court.

  • June 25, 2024

    Breaking IP Barriers: Q&A With Harrity's Elaine Spector

    Harrity & Harrity LLP partner Elaine Spector has helped shape multiple firms' leave policies after watching other parents face pressure to work shortly after having a child.

  • June 25, 2024

    Ga. Panel OKs COVID Aid To Atty Who Cared For 2 Young Kids

    A Georgia attorney who left his legal job to be the primary caregiver for his young children during the height of the COVID-19 pandemic should have qualified for the Pandemic Unemployment Assistance program, a state appeals panel has ruled, overturning the state's decision to deny benefits.

  • June 24, 2024

    Health Co. Narrows Doctor's Reneged Benefits Suit

    An Arizona federal judge trimmed a doctor's suit claiming her healthcare system employer refused to let her use her benefits to take time off to undergo cancer treatments, but kept alive claims that the company violated state and federal law by misleading her about paid leave.

  • June 24, 2024

    Teamsters Fund Must Face Pension Conversion Suit

    A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.

  • June 24, 2024

    Doctor Left Text Trail Describing NBA Fraud Scheme, Jury Told

    Prosecutors told a Manhattan federal jury that a Seattle medical professional sent a series of text messages detailing a plan to submit fraudulent claims to an NBA healthcare plan to obtain payouts, kicking off a second trial over the alleged scheme.

  • June 24, 2024

    Boeing Says Turbulent Securities Suit Should Be Dismissed

    Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.

  • June 24, 2024

    McDermott Investors See Partial Cert. In $6B CB&I Deal Suit

    Investors in energy industry engineering company McDermott International Inc. saw part of their proposed investor class certified as a lead plaintiff is sought for a second subclass in litigation over the company's $6 billion acquisition of Chicago Bridge & Iron Company NV.

  • June 24, 2024

    PNC Beats ERISA Suit After Class Expert Found Unreliable

    PNC escaped a certified class action alleging it let employee retirement fund participants pay excessive fees after a Pennsylvania federal judge on Friday ruled that an expert witness who calculated $25 million in damages for the class of current and former employees wasn't reliable.

  • June 24, 2024

    Waste Management Co. Will Pay $395K To End 401(k) Fee Suit

    Waste management company Clean Harbors Environmental Services Inc. will pay $395,000 to resolve a proposed class action alleging it mismanaged its $813 million employee retirement plan by failing to look for less expensive funds, according to a Friday filing.

  • June 24, 2024

    DOL Still Mulling Changes To Pension De-Risking Guidance

    The U.S. Department of Labor told Congress in a new report Monday it hasn't ruled out changing guidance used by retirement plan managers when selecting an annuity provider for pension de-risking transactions, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.

  • June 24, 2024

    Shipping Co. Agrees To Pay $225K To Resolve 401(k) Fee Suit

    A former worker at a shipping company has asked a North Carolina federal court to greenlight a $225,000 settlement that puts an end to her proposed class action accusing the company of saddling its retirement plan with excessive administrative fees and failing to remove its expensive recordkeeper.

  • June 24, 2024

    IT Co. Settles Fired Worker's Anxiety Leave Retaliation Suit

    An information technology company has agreed to settle a former worker's suit claiming the company pushed him out of a job after he took medical leave to treat his anxiety that developed from working 16-hour days, according to a Florida federal court filing.

  • June 24, 2024

    High Court To Review State Gender Care Bans

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.

  • June 24, 2024

    Justices To Assess Reach Of ADA To Ex-Workers' Benefit Suits

    The U.S. Supreme Court on Monday accepted a retired Florida firefighter's request that it decide whether former employees can lodge discrimination suits under the Americans with Disabilities Act related to post-employment benefits.

  • June 24, 2024

    Justices Won't Hear Objections To $2.67B BCBS Deal

    The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.

  • June 21, 2024

    Under Armour To Pay $434M To End Securities Fraud Claims

    Under Armour Inc. has agreed to shell out $434 million to put to rest claims it inflated stock prices by hiding declining demand for its products, investors announced Friday, reaching a deal just weeks before a jury trial was set to kick off in Maryland federal court.

  • June 21, 2024

    9th Circ. Axes 2 Symetra Structured Deal Recipient Classes

    The Ninth Circuit on Thursday scrapped two classes in a lawsuit accusing an insurance conglomerate of wrongfully inducing personal injury settlement recipients to give up their rights to periodic payments in exchange for a discounted immediate lump sum payment, saying individual issues will predominate over common issues.

  • June 21, 2024

    11th Circ. Backs Fla. Agency Win In Ex-Warden's FMLA Suit

    The Eleventh Circuit refused Friday to reinstate a former warden's lawsuit accusing the Florida Department of Corrections of transferring and demoting her because she was nearing 60 and took six months of leave, saying she failed to connect the dots to show the agency was motivated by bias.

  • June 21, 2024

    American Airlines Can't Shake ESG Retirement Class Action

    A Texas federal judge won't free American Airlines from a class action claiming its pilots' $26 billion retirement plan focused too heavily on environmental and social factors, ruling the airline's failure to push investment managers to abandon the strategy buttresses the plaintiffs' case that American endorsed it.

  • June 21, 2024

    Former CEO Wins Unpaid Benefits Suit Against Credit Union

    A Connecticut federal judge granted a win to a former CEO claiming a credit union refused to fully pay out his retirement benefits after he was abruptly fired over his Parkinson's disease diagnosis, saying he put forward enough detail to connect his termination with his disability.

  • June 21, 2024

    5th Circ. Knocks Out National Block On ACA Preventive Care

    The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.

  • June 21, 2024

    Ex-Mass. Pol Hit With New Charges In COVID Fraud Case

    A former Massachusetts state senator already accused of pandemic-related fraud has been charged alongside his sister with attempting to cover up a scheme to make him eligible for unemployment benefits, the U.S. attorney's office announced Friday.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • The Future Of ERISA If High Court Ends Chevron Deference

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    The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employers, Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

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