Benefits

  • September 05, 2024

    PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit

    The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.

  • September 05, 2024

    ER Doctors End Surprise Billing Battle With Harvard Pilgrim

    A medical group that staffs the emergency departments at several Connecticut hospitals on Thursday dropped a lawsuit accusing Harvard Pilgrim Health Care Inc. of improper billing practices and agreed to pay the insurer some of the costs of the litigation that was doomed by a recent Connecticut Supreme Court opinion.

  • September 05, 2024

    2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit

    The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.

  • September 05, 2024

    Calif. City Lodges Sick Leave Suit Against Southwest

    Southwest Airlines failed to restore the paid sick hours to workers as part of a settlement it reached with the city of Oakland in 2020 and denied employees their right to take sick leave, the city said in a complaint in California state court.

  • September 05, 2024

    Casino Queen Strikes Deal In Workers' ESOP Suit

    Casino Queen's parent company agreed to settle a proposed class action by workers claiming it cost them tens of millions when their employee stock ownership plan bought $170 million of the company's stock in an overinflated deal, according to an Illinois federal court filing Thursday.

  • September 04, 2024

    Ex-Discover Financial Exec Claims Bias Over Equity Clawback

    A retired Discover Financial Services executive vice president sued the company in Illinois federal court on Wednesday alleging age and gender discrimination, saying she was the only woman to lose over $7 million in unvested equity awards over a credit card misclassification issue for which she wasn't even responsible.

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    Ill. Panel Backs Atty's Bid To Litigate Medical Record Fee Suit

    An Illinois attorney looking to hold document delivery service Ciox Health LLC liable for charging allegedly illegal fees can pursue those claims in court since there is no evidence he ever agreed to arbitrate disputes with the company, a state appellate panel said Tuesday.

  • September 04, 2024

    UBH Wins On Parity In Family's Mental Health Benefits Fight

    A Utah federal judge has handed mixed results to United Behavioral Health and a father whose child was partially denied coverage for mental health treatment at two residential treatment centers.

  • September 04, 2024

    Colgate-Palmolive Reaches Deal In 401(k) Cyber Theft Suit

    A New York federal court on Wednesday dismissed a retired Colgate-Palmolive marketing executive's suit alleging her employer and a benefits administrator breached federal benefits law by allowing a thief to drain more than $750,000 from her account online, after parties reached a tentative settlement.

  • September 04, 2024

    Fintech Investor Tries To Undo 'Formulistic' Nix Of NCino Suit

    A pension fund invested in financial technology company nCino Inc. urged Delaware's Supreme Court on Wednesday to revive its suit against company directors and investment firm Insight Venture Partners over a $1.2 billion acquisition, arguing the Chancery Court "missed the mosaic for the tiles" by dismissing the case.

  • September 04, 2024

    Ex-NFLers Seek Class Cert. To Challenge 'Sham' Benefits

    Former NFL players suing the league's disability plan for denying them benefits have asked a Maryland federal judge to certify a vast class of aggrieved ex-pros, excoriating the "sham claims process" that left them out in the cold.

  • September 04, 2024

    Ex-Mass. Pol 'A Little Sloppy' But Not Criminal, Jurors Told

    Former Massachusetts state Sen. Dean A. Tran denied charges Wednesday that he stole pandemic unemployment assistance and cheated on his taxes, with his attorney telling a jury that Tran simply made a series of paperwork "mistakes."

  • September 04, 2024

    Boston College Workers Unveil $330K 401(k) Suit Deal

    A proposed class of Boston College employees asked a Massachusetts federal court to approve a $330,000 settlement with the school to end claims that it paid unnecessarily high recordkeeping fees on its 401(k) plans.

  • September 03, 2024

    2nd Circ. Backs Toss Of Ericsson Investors' ISIS Bribes Suit

    The Second Circuit on Tuesday upheld a New York federal judge's decision to toss an investor class action against telecom giant Ericsson and several members of its top brass over claims that they hid knowledge of possible bribes to the Islamic State from U.S. investors and committed other violations of federal securities laws.

  • September 03, 2024

    Pharma Co., State Street Hit With Pension Annuity Suit

    Bristol-Myers Squibb retirees hit the pharmaceutical giant and its investment adviser, State Street, with a class action Tuesday in New York, alleging they breached their fiduciary duty to pensioners by converting pension benefits into annuity insurance contracts using a provider that wasn't the safest available.

  • September 03, 2024

    Healthcare Co. Can't Sink Retirement Plan Management Suit

    A Massachusetts federal judge refused to toss a proposed class action against Cape Cod Healthcare from ex-workers alleging mismanagement of their employee retirement plan, finding workers had plausibly alleged retirees lost out on millions of dollars because of higher recordkeeping costs and subpar investment options.

  • September 03, 2024

    Biz Groups Fail In 2nd Try To Stop NJ Temp Worker Law

    A New Jersey law strengthening protections for temporary workers will stay in place because halting it would create more harm than good, a New Jersey federal judge ruled, turning down a renewed bid by staffing industry associations to pull the emergency brake on the law.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Ex-Worker Says Car Parts Co. Hit Smokers With Illegal Fee

    A former employee of a car parts manufacturer sued the company in Illinois federal court, claiming it violated federal benefits law by saddling tobacco users with a $100 monthly fee in its health plan without making clear they could dodge the charge by enrolling in a tobacco cessation program.

  • August 30, 2024

    McKesson, Others To Pay Benefit Plans $300M In Opioid Deal

    McKesson Corp., Cardinal Health Inc. and Cencora Inc. have agreed to pay a group of benefit plans a combined $300 million to resolve allegations that the drug distributors fanned the flames of the opioid epidemic, according to a filing Friday in Ohio federal court.

  • August 30, 2024

    Connecticut Judge Wants More Info In Doctors' Billing Row

    A Connecticut federal judge on Friday declined to immediately dismiss a medical staffing company's lawsuit against Harvard Pilgrim Health Care of Connecticut Inc. after the state's highest court answered three certified questions in the insurer's favor, asking for briefs after the insurer countered with a demand for a judgment.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Business Process Co. Beats Class Status Bid In 401(k) Suit

    A New York federal judge refused to grant class status to a group of workers who said that a business process outsourcing company failed to keep the costs of its 401(k) plan in check, ruling they didn't demonstrate that all plan participants had paid the same fees.

  • August 30, 2024

    3 Atty Takeaways On What's Ahead As ERISA Turns 50

    As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.

Expert Analysis

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • 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.

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