Benefits

  • August 07, 2024

    Abbott Brass Trim But Can't Nix Investors' Formula Recall Suit

    A Chicago federal judge on Wednesday substantially trimmed a derivative suit accusing Abbott Laboratories leaders of concealing known safety issues related to recalled infant formula but rejected the defendants' argument that tossing the suit in its entirety was in shareholders' "best interest."

  • August 07, 2024

    Santos, Feds Agree Jurors' Identities Should Be Secret

    Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.

  • August 07, 2024

    Republican Lawmakers Target Union Pension Overpayments

    Two struggling union pension plans have returned excess bailout funds they received because deceased pensioners weren't removed from their directories, but the Pension Benefit Guaranty Corp. hasn't said whether 60 other plans with deceased pensioners in their directories returned any extra funds, two Republican congresspeople said.

  • August 07, 2024

    Japanese Space Co. Slips Ex-Exec's $8M Stock Suit

    A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.

  • August 07, 2024

    Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says

    A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.

  • August 07, 2024

    Thompson Coburn Adds Willkie Benefits Atty

    Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.

  • August 07, 2024

    Tyson Foods Escapes 401(k) Recordkeeping Fee Suit

    An Arkansas federal judge agreed to toss a proposed class action federal benefits lawsuit from participants in a 401(k) plan for employees of Tyson Foods Inc., concluding allegations of high recordkeeping fees weren't backed up with sufficient comparisons to better-managed plans as required in the Eighth Circuit.

  • August 06, 2024

    Florida Asks 11th Circ. To Let Gender Law Take Effect Now

    Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.

  • August 06, 2024

    KKR & Co., 2 Founders Sued In Del Over $500M Exit Deal

    A union pension fund has sued KKR & Co. Inc. founders Henry Kravis and George Roberts and 14 others in connection with no-tax share conversion payment rights lined up in connection with the company's October 2021 switch from an umbrella partnership "C" company into a regular corporation.

  • August 06, 2024

    Investment Adviser Must Face Union Fund's $30M ERISA Suit

    A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.

  • August 06, 2024

    Amazon Seeks Early Exit From Military Service Bias Suit

    Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."

  • August 06, 2024

    Ex-Honeycomb Manager Wants Benefits Case Reopened

    Attorneys for a former Savannah Bee Co. honeycomb manager urged the Georgia Court of Appeals on Tuesday to reverse the Georgia Department of Labor's decision to deny her unemployment benefits on the grounds that her appeal was not timely, arguing circumstances caused her to file late with "good cause."

  • August 06, 2024

    10th Circ. Says Union Contract Legally Imposed On Okla. Co.

    An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.

  • August 06, 2024

    Cargo Airline, Workers Forge Settlement In ESOP Battle

    A Delaware federal judge on Tuesday agreed to stay a suit against Western Global Airlines and an investment manager after workers who alleged that their employee stock ownership plan was mishandled told the court they had reached a settlement.

  • August 05, 2024

    DXC Investor's Suit Says Execs Overhyped Integration Efforts

    A DXC Technology investor filed a proposed class action in Virginia federal court Friday alleging the information technology giant over-touted its "transformation journey" and efforts to reduce restructuring and integration costs after acquiring several companies that caused investors to buy DXC common stock at artificially inflated prices.

  • August 05, 2024

    BCBS Asks 9th Circ. To Undo Trans Patients' Win In Bias Suit

    Blue Cross Blue Shield of Illinois urged the Ninth Circuit to reverse summary judgment in favor of trans patients who argued its exclusions for gender-affirming treatments violated the Affordable Care Act's anti-discrimination mandate, arguing Friday it is a third-party administrator that didn't design the exclusion nor exercised any control over it.

  • August 05, 2024

    Insurer Must Face Pa. Trans Firefighter's Surgery Claim

    A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.

  • August 05, 2024

    Cornell Workers Urge High Court To Hear ERISA Suit

    Cornell University employees doubled down Monday on their request that the U.S. Supreme Court hear their class action accusing the university of mismanaging its employees' retirement savings, saying high court review is warranted to clear up a circuit court split.

  • August 05, 2024

    7th Circ. Backs Insurer's Win In Family's Autism Claims Fight

    The Seventh Circuit on Monday affirmed a win for a Wisconsin health insurer in a family's dispute over coverage for autism therapies, finding that the insurer's denials of speech therapy to treat autism for a minor child were valid under a policy exclusion for treatments that weren't evidence-based.

  • August 05, 2024

    Catching Up With Delaware's Chancery Court

    Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.

  • August 05, 2024

    11th Circ. Upholds Home Depot's Win In Workers' 401(k) Suit

    The Eleventh Circuit has upheld dismissal of a class action against Home Depot from workers alleging their employee 401(k) plan was saddled with excessive fees and offered shoddy investment choices, finding a lower court was right to end the case in the home improvement retailer's favor.

  • August 02, 2024

    5th Circ. Upholds Challenge To Surprise Medical Billing Rule

    The Fifth Circuit on Friday affirmed wins for plaintiffs challenging provisions of a federal surprise medical billing rule that relate to payment fights between out-of-network providers and health insurers, agreeing with a Texas federal judge that the rule places "a thumb on the scale" in insurers' favor.

  • August 02, 2024

    Fla.'s Trans Healthcare Ban Violates Title VII, Judge Says

    A Florida federal judge has ruled the state's Department of Management Services illegally excluded gender-affirming treatment for transgender employees under state-sponsored health benefits plans, finding the state's exclusion only applies to trans individuals and is facially discriminatory under Title VII of the Civil Rights Act.

  • August 02, 2024

    Del. Chancellor Presses Tesla On Musk Pay Salvage Scheme

    Delaware's chancellor pointed Friday to "zero cases under Delaware law" where stockholders were allowed to ratify a corporate act that had been found to be a breach of fiduciary duty, asking an attorney for Tesla Inc. why she should allow the company to use a post-verdict vote to resurrect Elon Musk's $56 billion stock-based compensation plan.

  • August 02, 2024

    Chancery Won't Force Open Paramount's Books On Skydance

    A pension fund shareholder that sued Paramount Global for more information on its pending merger with Skydance Media may not have access to the entertainment company's corporate documents because the pension fund hasn't shown a "credible basis" to suspect wrongdoing, Delaware's Court of Chancery ruled Friday.

Expert Analysis

  • 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.

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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