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Benefits
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November 01, 2024
2nd Circ. Won't Revive Warner Bros. Discovery Merger Suit
The Second Circuit refused Friday to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery Inc., saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant.
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November 01, 2024
Del. Chancellor To Issue Musk Pay Suit Ruling By Year's End
Delaware's chancellor said she'll issue a final ruling by the end of the year in the lawsuit challenging Tesla CEO Elon Musk's multibillion-dollar stock-based compensation plan, stating it's taking longer than expected to determine whether to allow a post-verdict stockholder vote to resurrect the pay package.
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November 01, 2024
Rent The Runway Wants Redo On Investor Suit Exit Bid
Rent the Runway, actress Gwenyth Paltrow and the company's underwriters have urged a New York federal judge to rethink her September order that kept alive certain claims in a proposed investors class action alleging the clothing rental company failed to inform investors about major challenges it was facing in the run-up to its 2021 initial public offering.
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November 01, 2024
4 Appellate Arguments Benefits Attys Should Watch In Nov.
The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.
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November 01, 2024
Military Escapes Bias Claims Targeting IVF Coverage Policy
A New York federal judge tossed the crux of a feminist nonprofit group's suit claiming the U.S. Department of Defense's in vitro fertilization policy disadvantages women by limiting coverage to service members who can't get pregnant because of an on-the-job injury, finding the policy applies equally across genders.
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November 01, 2024
Ex-Worker Says Molson Coors Canned Him For FMLA Leave
A Georgia man has hit Molson Coors Beverage Co. USA LLC with a lawsuit claiming he was fired after returning from an approved medical leave because he didn't call the company to let it know he wouldn't be at work the day of his scheduled surgery.
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November 01, 2024
Ex-Gas Co. Worker Seeks Justices Review On 'Honest Belief'
A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.
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October 31, 2024
Masimo Sues Ex-CEO Over 'Unprecedented' $450M Demand
Masimo Corp. has sued its founder in Delaware Chancery Court, seeking a declaration that a $450 million payout triggered in part by the founder's loss of control or his ouster as CEO and chairman is unenforceable, saying the amount is "unprecedented" and shouldn't be paid by shareholders who were simply exercising their voting rights.
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October 31, 2024
Ex-Conn. Utility Execs Must Report To Prison, Judge Orders
The former CEO of the Connecticut Municipal Electric Energy Cooperative and two ex-board members must report to prison by Dec. 4, a federal judge has ordered, after the Second Circuit upheld their convictions over their roles in the theft of hundreds of thousands of dollars.
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October 31, 2024
Judge Says White Worker's Seattle DEI Suit Lacks 'Specifics'
A Washington federal judge hinted Thursday a former municipal employee's suit claiming Seattle's workplace diversity training discriminated against him as a white man might not have enough detail to survive, as the city's attorneys accused the plaintiff of trying to dismantle its racial justice initiative.
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October 31, 2024
Ga. Panel Reopens Ex-Honeycomb Manager's Benefits Case
The Georgia Court of Appeals said the state's Department of Labor will have to determine whether a former Savannah Bee Co. honeycomb manager is entitled to unemployment benefits, finding the department and the superior court that affirmed its decision wrongly found her benefits denial appeal untimely.
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October 31, 2024
2nd Circ. Backs GE's Win In Ex-Exec's Benefits Denial Suit
The Second Circuit affirmed the dismissal Thursday of a former General Electric executive's suit claiming the company should have awarded her pension and stock benefits when it moved her into an independent contractor role, ruling that her claims were filed too late.
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October 31, 2024
Supreme Court Sets Jan. Arguments In Cornell ERISA Suit
The U.S. Supreme Court on Thursday scheduled oral argument for January in an appeal from Cornell University workers who said their retirement plan was mismanaged.
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October 31, 2024
Health System Agrees To Resolve Retirement Plan Fee Suit
A New England health system has agreed to settle a proposed class action claiming it loaded two employee retirement plans with exceedingly high costs and underperforming investment options, according to a filing Thursday in New Hampshire federal court.
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October 31, 2024
Jones Day Pushes To Shield Memo In Parental Leave Case
As two former Jones Day associates who are challenging the firm's family leave policy prepare to potentially go to trial in late 2025, Jones Day has told a D.C. federal court that a memorandum stating business reasons for a personnel decision shouldn't lose its status as privileged communication just because it references legal issues.
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October 31, 2024
Holland & Knight Brings On Jones Day Tax Expert In Dallas
In an effort to bolster its national corporate transactional and private equity practices, Holland & Knight LLP added an experienced attorney from Jones Day in Dallas to provide deal support to its clients.
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October 31, 2024
Justices Set Arguments In Firefighter's ADA Suit Over Benefits
The U.S. Supreme Court said Thursday it set a January date to hear oral arguments in a case that could end up expanding the reach of the Americans with Disabilities Act.
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October 31, 2024
Pro Services Contract Nixes NJ Public Defender's Pension
A New Jersey appellate court backed the Public Employees' Retirement System board's finding that a former municipal public defender is ineligible to receive pension benefits from 2008 onward, ruling that there was enough evidence to show the attorney's services were procured through a professional services contract.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
11th Circ. Nixes ERISA Claim To John Hancock's $100M Credit
John Hancock Life Insurance Co. had no fiduciary duty to pass on to retirement plans $100 million in foreign tax credits that it had taken from taxes paid on foreign investments, a three-judge panel of the Eleventh Circuit said in upholding a lower court ruling.
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October 31, 2024
Storage Co. Strikes Deal To End 401(k) Excessive Fee Suit
A storage and information management company has agreed to settle a proposed class action in Massachusetts federal court claiming it caused workers to lose millions in retirement savings by allowing their $650 million plan to be slapped with steep recordkeeping fees.
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October 30, 2024
5th Circ. Keeps Most No Surprises Act Provisions Intact
The Fifth Circuit on Wednesday upheld several provisions for calculating qualifying payments under a federal law aimed at protecting Americans from surprise medical bills, saying in a published opinion that the provisions were neither inconsistent with the law nor arbitrary and capricious.
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October 30, 2024
Class Asks Court To Revive Claims Against Florida Blue
A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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October 30, 2024
Cigna Wants $16.1M, Florida Labs Seek $5.1M In Benefits Feud
Cigna should pay $5.1 million for harming three Florida laboratories by wrongfully declaring thousands of substance abuse treatment tests medically unnecessary, the labs told a Connecticut jury Wednesday, while Cigna asked to recoup $16.1 million in payouts to the labs for what it called "wasteful" tests.
Expert Analysis
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Employer Lessons From Mass. 'Bonus Not Wages' Ruling
In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.