Benefits

  • 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.

  • August 13, 2024

    Ex-Tilray Exec Can Collect $4M Arbitration Award

    A Minnesota federal judge has confirmed a more than $4 million arbitration award in favor of a former Tilray Brands Inc. executive who took the company to arbitration over her termination, finding that the pharmaceutical company hasn't established that the award should be vacated.

  • August 13, 2024

    Firms In State Street Case See $400K Slashed From Fee Bid

    A Massachusetts federal judge known for scrutinizing attorney fees in class action suits trimmed more than $400,000 from a requested award for two firms who led a $4.3 million settlement with State Street Corp. over its employees' 401(k) plans.

  • August 12, 2024

    9th Circ. Won't Rethink Upending Sutter Health Antitrust Win

    The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.

  • August 12, 2024

    Norfolk Southern Says Cuts To Investors' Suit Aren't Enough

    Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.

  • August 12, 2024

    Kimberly-Clark Cuts Settlement Deal In 401(k) Fee Suit

    Kimberly-Clark Corp. agreed to settle a proposed class action from participants in the toilet paper company's $4 billion employee 401(k) plan who alleged mismanagement, according to a mediator's report filed in Texas federal court.

  • August 12, 2024

    Beyond Meat Escapes Investor Suit Over Production Woes

    A California federal judge has tossed a proposed class action accusing vegan burger manufacturer Beyond Meat of securities fraud, saying investors will need to be more specific about what the company's CEO knew at the time he touted the company's allegedly faltering partnerships with fast-food restaurants like McDonald's.

  • August 12, 2024

    Ex-Morris James Paralegal Loses Unemployment Pay Fight

    Delaware's Supreme Court on Monday denied an ex-Morris James LLP paralegal's attempt to revive his bid to collect unemployment benefits after he agreed to leave the firm, saying he failed to show that a lower court made a "reversible error" in upholding the denial of his jobless pay bid.

  • August 12, 2024

    DOL Tweaks 2 Parts Of Asset Manager Exemption

    The U.S. Department of Labor's employee benefits arm made two mostly technical changes Monday to a popular exemption used by asset managers who also manage retirement assets known as the qualified professional asset manager exemption.

  • August 12, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.

  • August 09, 2024

    Ex-Twitter Board Member Says X Owes Him $23M From Stock

    A former member of Twitter's board of directors who helped oversee the sale of the social media company to Elon Musk in 2022 claimed X Corp. owes him more than $23 million worth of vested and unvested shares, according to a lawsuit filed in California state court.

  • August 09, 2024

    Medicare Drug Price Suit Nixed Over 'Forum Shopping' In Ohio

    The Department of Health and Human Services has notched yet another win in litigation challenging the constitutionality of the Medicare drug price negotiation program, securing the dismissal of a suit brought by several chambers of commerce.

  • August 09, 2024

    DC Circ. Says Mining Cos. Can't Appeal Retiree Health Win

    Four former subsidiaries of the now-defunct coal company Consol Energy Inc. can't challenge an arbitration award that banned unilateral changes to union-represented retirees' health benefits plan, the D.C. Circuit held Friday, saying the ex-subsidiaries weren't parties to the award and aren't injured by it.

  • August 09, 2024

    Appeals Board Says BAE Not Owed $21M Pension Cost Claim

    The Armed Services Board of Contract Appeals rejected BAE Systems' $20.8 million appeal over costs related to withdrawing from a union pension plan at the end of a U.S. Air Force contract, saying the contract did not cover those costs.

  • August 09, 2024

    Aetna Illegally Axed Exec's Disability Benefits, Judge Says

    A California federal judge said Aetna was wrong to end an executive's disability benefits after it found he suffered from a mental illness instead of a physical disability, stating the insurer used flawed doctor opinions and may have been motivated by cutting costs.

  • August 09, 2024

    Kraft-Heinz Investor Can't Revive Del. Insider Trading Suit

    Attorneys for a Kraft Heinz stockholder lost a bid to convince Delaware's Court of Chancery that new evidence justified reopening a dismissed suit alleging that company insiders with ties to a controlling investor, Brazilian private equity firm 3G Capital Inc., sold $1.2 billion worth of shares on nonpublic information.

  • August 09, 2024

    Energy Transfer Investors Get Partial Win In $3B Pipelines Suit

    A Pennsylvania federal judge granted a class of investors a partial win in a class action claiming that Energy Transfer misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, ruling that the investors have raised genuine issues of material fact with at least one of their claims.

Expert Analysis

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • How HHS Discrimination Rule Affects Gender-Affirming Care

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    The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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