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Benefits
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June 28, 2024
Jury Convicts Seattle Doctor In NBA Health Fraud Case
A Manhattan federal jury on Friday found a Seattle doctor guilty of healthcare fraud and other charges related to a scheme to submit bogus claims for payment to an NBA healthcare plan, according to the U.S. Attorney's Office for the Southern District of New York.
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June 28, 2024
Legal Tech Co. Seeks Arbitration Of ESOP Row At 11th Circ.
A legal technology company is urging the Eleventh Circuit to back arbitration of workers' claims that they lost $35.4 million when their employee stock ownership plan bought undervalued company shares, arguing that the lower court misstepped by finding that the agreement flouted rights under federal benefits law.
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June 28, 2024
Uber Driver Axes Coverage Claims Against Co.'s Insurer
An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.
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June 28, 2024
3 Biggest Benefits Policy Developments From 2024's 1st Half
The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.
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June 28, 2024
9th Circ. Backs Mining Co.'s Defeat Of Driver's FMLA Suit
The Ninth Circuit upheld a mining company's jury win over a truck driver's lawsuit claiming he was fired because he took time off after a workplace injury, saying Friday that employers don't have to rely on medical evidence to challenge a doctor's diagnosis under federal medical leave law.
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June 27, 2024
BofA, JPMorgan, Others To Pay $46M To End Rate-Swaps Suit
Several major U.S. and European banks, including Bank of America, JPMorgan Chase & Co. and Deutsche Bank AG, reached a $46 million deal on Thursday to resolve a long-running multidistrict litigation over an alleged plot by the banks to limit market competition over interest rate swaps.
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June 27, 2024
Uber, Lyft Cut $175M Deal To End Mass. Worker Status Fight
Uber Technologies Inc. and Lyft Inc. on Thursday agreed to pay a combined $175 million and provide drivers with a suite of benefits to settle an employee classification lawsuit brought by the state of Massachusetts.
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June 27, 2024
11th Circ. Upholds Radiology Practice's FMLA Suit Win
The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.
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June 27, 2024
6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
DOL Benefits Chief Defends Fiduciary Rule Before GOP Panel
The head of the U.S. Department of Labor's employee benefits agency on Thursday defended recently finalized policy expanding the definition of a fiduciary under the Employee Retirement Income Security Act, drawing criticism from a Republican-controlled panel of House lawmakers at an oversight hearing.
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June 27, 2024
Yale Tells 2nd Circ. Workers Aren't Owed ERISA Jury Trial
Yale University told the Second Circuit a group of workers can't be granted a new jury trial in their suit claiming their $5.5 billion retirement plan was loaded with high fees, stating high court precedent says they're ineligible for a jury trial under the relief they're seeking.
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June 26, 2024
BofA COVID Benefit Card Suit Trimmed After Prior Order Axed
A California federal judge has trimmed a suit brought against Bank of America NA by a proposed class of unemployment and disability benefits card recipients while also agreeing with them that a federal magistrate judge erred in holding that the bank's top brass lacked "uniquely relevant information" concerning discovery in the suit.
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June 26, 2024
VA Can't 'Short-Circuit' Racial Bias Suit With Appeal, Vet Says
The U.S. Department of Veterans Affairs should not be allowed to challenge a Connecticut federal judge's decision to let a Black Marine Corps veteran proceed with his systemic-discrimination suit against the department because it has not met the standards for lodging an interlocutory appeal, the plaintiffs have argued.
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June 26, 2024
Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence
Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.
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June 26, 2024
Conn. Insurance Chief Can Limit Struggling Insurer's Payouts
A Connecticut state court imposed a temporary moratorium on certain benefits that a private equity-owned life insurer can pay out to policyholders until a rehabilitation plan can be confirmed for the failing carrier, granting the state insurance department's petition for a rehabilitation order.
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June 26, 2024
Veteran Says Starbucks Fired Him Over Parental Leave
Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.
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June 26, 2024
CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case
The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.
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June 26, 2024
Feds' 5th Circ. Win On Preventive Care May Imperil ACA
The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.
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June 26, 2024
Biden Pardons Veterans Convicted For LGBTQI+ Status
President Joe Biden on Wednesday pardoned thousands of LGBTQI+ military veterans who were convicted of crimes and forced out of the military across more than 60 years based solely on their sexual orientation or gender identity.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
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Asset Manager Considerations For Soliciting Calif. Pensions
With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Why It's Time To Regulate Plan Data As An Asset
With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Opinion
9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue
The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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$735M Tesla Settlement Drives Home Lessons For Boards
As one of the largest settlements of its kind, the recent $735 million deal between Tesla and 11 nonemployee directors highlights the increased scrutiny placed on compensation practices and director independence, and provides further caution to members of boards and their compensation committees, say attorneys at Cleary.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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2nd Circ. Goldman Ruling May Hinder Securities Classes
The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Opinion
10th Circ. Remand Of ERISA Claims To Insurer Is Problematic
The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.