Benefits

  • October 01, 2024

    Lighting Co., ESOP Manager Can't Toss Workers' ERISA Fight

    A California federal judge refused to toss an ex-worker's federal benefits lawsuit alleging a lighting company's employee stock ownership plan was mismanaged in a $25 million sale of company stock, finding allegations could proceed to discovery that individuals behind the deal breached their fiduciary duty to the ESOP.

  • October 01, 2024

    Military Contractor's Widow Can Continue Death Benefit Suit

    A widow's pursuit of $670,000 in benefits following her husband's death in Afghanistan while training the country's police force can continue, an Illinois federal judge ruled, trimming claims against the man's employers and benefits administrators but leaving her breach of contract claim against an insurer intact.

  • October 01, 2024

    Boeing Can't Escape Investors' 737 Max Fraud Suit

    An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.

  • October 01, 2024

    Amgen Must Face Suit It Misled Investors On $10.7B Tax Bill

    Amgen lost an attempt to escape a potential class action claiming the pharmaceutical giant hid a $10.7 billion tax bill from investors after a New York federal court ruled there was sufficient evidence for the action to proceed.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • September 30, 2024

    Google Investors' Attys Snag $66.5M In $350M Privacy Deal

    A California federal judge on Monday gave final approval to Alphabet's $350 million deal settling a Google data breach securities suit and awarded $66.5 million for attorney fees amid objections, calling the deal "an excellent result" and noting the 19% cut was below the benchmark for similar cases.

  • September 30, 2024

    Missouri Drops Appeal Intended To Save ESG Regulations

    Missouri has asked the Eighth Circuit to dismiss its appeal of a federal judge's decision finding that the state's anti-environmental, social and governance regulations for brokers and advisers violate the First Amendment and are preempted by federal laws.

  • September 30, 2024

    Military Reservist Not Owed Top-Up Pay, Feds Tell High Court

    A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.

  • September 30, 2024

    Ex-Jersey Shore Mayor Admits To Benefits Theft, Tax Crimes

    The former mayor of Wildwood, New Jersey, has admitted to unlawfully obtaining state health benefits, failing to disclose his outside employment and neglecting to report income from that job on state tax returns, New Jersey Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Monday.

  • September 30, 2024

    MetLife Can't Get Early Win In Pensioners' Mortality Table Suit

    MetLife lost its bid for an early win Monday in a federal benefits lawsuit from pensioners alleging the company lowballed their annuity payouts by using outdated mortality data when making conversions, with a New York federal judge concluding that disputes over actuarial assumptions should proceed to trial.

  • September 30, 2024

    Theater Nixed Older Workers' Health Benefits, EEOC Says

    A New Mexico movie theater refused to provide employees over 65 with health insurance benefits and forced a 72-year-old manager to retire amid the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission told a federal court.

  • September 30, 2024

    Macy's Can't Dodge DOL's Tobacco Surcharge Program Suit

    An Ohio federal judge has denied Macy's Inc.'s bid to dismiss a health plan discrimination claim brought against it by the U.S. Department of Labor but gave the retailer a chance to try again, ruling that the parties' dispute has surely been affected by the U.S. Supreme Court's recent decision to ax Chevron deference.

  • September 30, 2024

    Steward Health CEO Sues Senate Panel After Contempt Vote

    The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.

  • September 27, 2024

    Texas AG Wants Austin's Abortion Travel Fund Shut Down

    Texas Attorney General Ken Paxton on Friday accused the city of Austin of illegally using taxpayer funds to cover travel costs for people traveling out of the Lone Star State to get abortions, claiming that the city is misappropriating the funds in violation of the state constitution.

  • September 27, 2024

    Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices

    The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.

  • September 27, 2024

    Disney Warns Investor Streaming Suit Could Chill Innovation

    Allowing securities litigation over The Walt Disney Co.'s underperforming streaming service to go forward would discourage companies from trying "new, risky business plans," counsel for the entertainment giant told a California federal judge in an attempt to toss the suit Friday.

  • September 27, 2024

    Hedge Fund Inks $7.9M Deal In ERISA 401(k) Investment Suit

    A Connecticut-based hedge fund that went bankrupt and owner George A. Weiss have agreed to pay $7.9 million to end an ex-worker's suit alleging the company plowed its employees' retirement savings into two substandard proprietary funds, according to filings Friday in Connecticut federal court.

  • September 27, 2024

    Shipping Cos. Say Union Won't Bargain As Strike Looms

    A group representing shipping industry employers along the East and Gulf coasts claimed the International Longshoremen's Association violated federal labor law by refusing to negotiate for a new contract, as the union representing thousands of dockworkers gears up for a strike that could begin Oct. 1.

  • September 27, 2024

    GOP States Sue HHS Over Gender Dysphoria Disability Rule

    A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.

  • September 27, 2024

    11th Circ. Rejects Initial En Banc Hearing For ERISA Appeal

    The Eleventh Circuit denied an initial en banc hearing request from former employees of a seafood company who are pushing to revive a lawsuit alleging their employee stock ownership plan was overcharged by tens of millions of dollars after a Georgia federal judge dismissed the case in December.

  • September 27, 2024

    Alvarez & Marsal Tax Appoints Former Weil Official

    Alvarez & Marsal's tax affiliate announced it has appointed a former Weil Gotshal & Manges LLP executive as a senior official for the firm's compensation and benefits practice.

  • September 27, 2024

    Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair

    A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.

  • September 27, 2024

    NFL Retirement Plan Can't Dodge Ex-Player's Benefits Suit

    The National Football League's retirement plan can't fully toss a retired player's suit alleging he was illegally denied retirement benefits after the plan found his rookie season didn't qualify him for it, a Texas federal judge ruled, rejecting the argument that he didn't properly appeal the denial.

  • September 27, 2024

    MetLife's 3rd Circ. Win Won't Stop ERISA Health Fee Suits

    The Third Circuit's recent decision upholding MetLife's escape from a lawsuit accusing the company of pocketing $65 million in pharmacy rebates instead of using the funds to lower employee healthcare costs hands additional authority over to employers facing a new wave of class action litigation over excessive health fees, attorneys say.

  • September 27, 2024

    Sen. Bill Would Curb ESG Factors In Retirement Fund Choices

    A bill in the Senate would prohibit asset managers from prioritizing environmental, social and governance, or ESG, factors over financial gain when selecting retirement investments.

Expert Analysis

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Management Incentives May Be Revisited After PE Investment

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    As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

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