Benefits

  • August 27, 2024

    11th Circ. Allows Fla. Law Banning Trans Care To Take Effect

    The Eleventh Circuit has said a Florida law can take effect that bans gender-affirming care for transgender minors and restricts it for adults, granting the state's bid to scrap an injunction barring the law while it appeals a lower court ruling that found the statute unconstitutional.

  • August 27, 2024

    6th Circ. Reverses Geico's Win In Agents' Benefits Suit

    The Sixth Circuit upended Geico's win in a lawsuit from insurance agents accusing it of misclassifying them as independent contractors and forcing them to lose out on benefits, saying more evidence is needed to determine if the insurer relied on unauthentic documents to get the suit tossed.

  • August 27, 2024

    Vt. High Court Affirms Denial Of Benefits To Marijuana Patient

    The Vermont Supreme Court has affirmed an administrative law judge's decision not to issue a declaratory ruling whether off-duty medical cannabis use counts as misconduct for the purposes of terminating and denying benefits to a former transportation company employee.

  • August 26, 2024

    Banks' $20M Platinum Traders Antitrust Deal Gets Initial OK

    A New York federal judge preliminarily approved Saturday a $20 million deal to resolve a nearly decade-old putative class action alleging Goldman Sachs, German industrial company BASF and two other banks fixed platinum and palladium prices.

  • August 26, 2024

    Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit

    Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.

  • August 26, 2024

    Siemens Misused 401(k) Plan Funds, ERISA Class Claim Says

    The global technology and manufacturing giant Siemens Corp. wrongfully used forfeited 401(k) retirement plan assets to reduce the company's contributions instead of using the money to pay plan expenses, according to a proposed class action filed Friday in New Jersey federal court.

  • August 26, 2024

    Former X Worker Seeks Class Certification In Bonus Suit

    A former X Corp. employee asked a California federal court to greenlight an approximately 2,200-member class in his lawsuit alleging the company reneged on promised bonuses after Elon Musk took over the social media company formerly known as Twitter.

  • August 26, 2024

    Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute

    Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.

  • August 26, 2024

    Paul Hastings Recruits Executive Comp Atty From Kirkland

    Paul Hastings LLP announced Monday it has landed an executive compensation lawyer from Kirkland & Ellis LLP as a partner for its Chicago office.

  • August 23, 2024

    Prime Healthcare's 401(k) Was In Good Hands, Judge Rules

    Prime Healthcare Services Inc. beat a proposed class action in a bench trial over claims it allowed its employee 401(k) plan to be saddled with poor-performing investments and high costs, after a California federal judge ruled that the plan was prudently managed.

  • August 23, 2024

    NJ Ups Fee Cap In Workers' Comp Cases, Boosts Judges' Pay

    New Jersey Senate President and current acting Gov. Nick Scutari, a practicing attorney, signed two bills into law increasing pay for Superior Court presiding judges and county prosecutors, and increasing the cap on how much attorneys can collect in fees in workers' compensation cases.

  • August 23, 2024

    MLB Says Exec's Retirement Benefit Beef 2 Decades Too Late

    Major League Baseball has struck back at one of its former executives who alleges he is owed $5.9 million, saying his suit makes no argument that would support his claim the league erroneously calculated his retirement benefits.

  • August 23, 2024

    1st Circ. Says Longshoremen Local Still On Hook For $1.7M

    The International Longshoreman's Association pension fund is entitled to collect nearly $1.7 million in unpaid contributions and attorney fees from a union local in San Juan, Puerto Rico, following a merger with another local that had been in arrears, the First Circuit has ruled.

  • August 23, 2024

    Union 401(k) Plan Trustees Strike $5M Deal To End ERISA Suit

    Two elevator workers asked a Pennsylvania federal court to sign off on a $5 million settlement that would wrap up a proposed class action alleging their union's retirement plan was loaded with excessive administrative fees and shoddy investment options.

  • August 23, 2024

    Georgia IP Firm Settles Attorney's Wrongful Firing Suit

    A Georgia attorney and the Atlanta-based intellectual property firm where he used to work have reached a settlement ending the attorney's lawsuit alleging the firm violated the Uniformed Services Employment and Reemployment Rights Act by cutting his hours and then firing him after he returned from his annual two-week tour of duty with the Air Force Reserve.

  • August 22, 2024

    PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL

    The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.

  • August 22, 2024

    9th Circ. Revives Military Bias Claims Against Alaska Airlines

    The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.

  • August 22, 2024

    Calif. Panel Backs Arbitration Denial In Staffing Co. Wage Suit

    A California state appeals court refused to ship to arbitration a worker's lawsuit accusing a staffing agency of unlawfully miscalculating his sick leave wages, saying the arbitration pact he signed promised that all Private Attorneys General Act claims will be litigated in court.

  • August 22, 2024

    Casino Co., Workers Agree To Sweeping Class In 401(k) Suit

    Caesars Holdings and a group of workers told a Nevada federal court Thursday they'd agreed to the certification of a class that could cover tens of thousands of participants in Caesars' $1.6 billion 401(k) plan who allegedly had their retirement savings mismanaged.

  • August 22, 2024

    Army Adviser Gets 12 Years For Scamming Gold Star Families

    A former New Jersey financial counselor with the U.S. Army and a major in the U.S. Army Reserve was sentenced to 151 months in prison after pleading guilty to defrauding Gold Star families and other related crimes, the U.S. attorney's office announced.

  • August 21, 2024

    Conn. Justices Back Insurer's Out-Of-Network Patient Bills

    The Connecticut Supreme Court on Wednesday limited an emergency physician group's attempt to require a medical insurer to shoulder patient costs under the state's surprise medical billing law, holding that insurers can charge patients for shared costs, such as deductibles and copayments, at lower levels without violating consumer protection laws.

  • August 21, 2024

    Northern Trust's $2.5M Deal Approved In AutoZone 401(k) Suit

    A Tennessee federal judge on Wednesday granted preliminary approval to a $2.5 million deal to end class claims from participants in AutoZone's 401(k) employee plan who alleged Northern Trust shirked its duties as their 401(k)'s investment adviser.

  • August 21, 2024

    Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says

    Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.

  • August 21, 2024

    VA Tells High Court Veterans' PTSD Claims Correctly Rejected

    The federal government urged the U.S. Supreme Court not to overturn decisions denying two veterans' claims for post-traumatic stress disorder benefits, saying lower courts properly refused to reconsider evidence whether the vets deserved the benefit of the doubt.

  • August 21, 2024

    9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate

    The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.

Expert Analysis

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employers, Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

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