Benefits

  • January 07, 2025

    AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win

    Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.

  • January 07, 2025

    5 Argument Sessions Benefits Attys Should Check Out In Jan.

    The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.

  • January 07, 2025

    6th Circ. Declines To Send Publix Questions To Ga. High Court

    The Sixth Circuit won't certify a set of questions about Georgia state nuisance law to the state's Supreme Court, after ruling that Publix Super Markets Inc. hasn't shown the appeals court needs to step in before a bellwether trial in the national opioid multidistrict litigation.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Bass Pro To Pay $5M To End Worker's Tobacco Penalty Suit

    Bass Pro Shops has agreed to pay $4.95 million to settle a proposed class action claiming the retailer unlawfully charged employees who use tobacco an extra $2,000 per year for health insurance without properly telling them how to avoid the charge, according to a Missouri federal court filing.

  • January 07, 2025

    Davis Polk, Kirkland Guide Paychex's $4.1B Paycor Buy

    Human capital management company Paychex Inc., advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to buy fellow human capital management, payroll and talent acquisition software company Paycor, led by Kirkland & Ellis LLP, in a deal with an enterprise value of $4.1 billion.

  • January 06, 2025

    Hospital Escapes Investment Underperformance Suit, For Now

    A Colorado federal judge on Monday agreed to initially toss a proposed class action alleging mismanagement of a faith-based nonprofit hospital's retirement plan, finding the plaintiffs haven't backed up their allegations of investment underperformance.

  • January 06, 2025

    Fed. Circ. Revives DEA Agent's Challenge To Promotion Denial

    The Merit Systems Protection Board must reevaluate a former U.S. Drug Enforcement Administration agent's case alleging a promotion was unlawfully delayed because he took time off for military service, the Federal Circuit said Monday, ruling an administrative judge used the wrong standard to evaluate his claim.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    5th Circ. Iffy On Humana, Blue Cross Allergy Meds Denials

    A Fifth Circuit panel seemed poised Monday to side with an allergy services provider accusing insurance giants Blue Cross Blue Shield and Humana of colluding to deny claims and drive the company out of the market.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    Northern Trust Inks $6.9M Deal To Shutter 401(k) Suit

    Northern Trust Co. has agreed to pay $6.9 million to end a proposed class action claiming it tapped underperforming proprietary investment funds for its $2.8 billion retirement plan, according to a Monday filing in Illinois federal court.

  • January 06, 2025

    Ga. Physician Assistant Sues Insurer Over Disability Benefits

    A former physician assistant at Emory Healthcare Inc. filed suit Friday against Unum Life Insurance Co. of America, alleging that the company wrongfully terminated her long-term disability benefits despite her continued suffering from long COVID, which rendered her "unable to sustain almost any level of physical activity."

  • January 06, 2025

    Ex-NFL Pro Abandons 5th Circ. Bid To Renew Benefits Suit

    Former Denver Broncos fullback Detron Smith has dropped his Fifth Circuit appeal of a ruling that denied his bid to receive full disability benefits, days before arguments were set in the case.

  • January 06, 2025

    Outpatient Surgery Co. Strikes $1.5M Deal To End 401(k) Suit

    United Surgical Partners International Inc. will pay about $1.48 million to end a proposed class action alleging the outpatient surgery network loaded its employee 401(k) plan with expensive investment options and excessive fees, according to a filing in Texas federal court.

  • January 06, 2025

    Conn. Justices Won't Hike Benefits Cut For Law Partner's Ex

    The ex-husband of a law firm partner cannot secure a bigger cut of the partner's retirement funds because the payments from the firm are too "speculative" to qualify as property, the Connecticut Supreme Court ruled 5-1 on Monday.

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 03, 2025

    George Santos Wants Fraud Sentencing Delayed For Podcast

    Expelled U.S. Rep. George Santos on Friday urged a New York federal judge to delay sentencing in his federal fraud case for six months, saying he needs time to earn money through his new "Pants On Fire" weekly gossip podcast to pay roughly $580,000 owed in restitution and forfeiture.

  • January 03, 2025

    PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

    An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Biden Signs Bill To Stop Convicted Lawmakers' Pensions

    President Joe Biden has signed a law that would close a "loophole" to prevent former members of Congress convicted of certain crimes from receiving pensions during their appeals process.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 02, 2025

    Tesla Investors Appeal Chancery Rulings In Musk Pay Suit

    Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.

  • January 02, 2025

    1st Private Co. Joins Insulin Price-Fixing MDL

    A Florida-based car dealer is the first private company to join a multidistrict litigation accusing Novo Nordisk, Eli Lilly and Sanofi-Aventis of fixing the prices of insulin and other drugs to treat diabetes.

  • January 02, 2025

    ERISA Can't Shield Packaging Co. From Genetic Privacy Suit

    A food packaging company must face a former employee's lawsuit claiming it unlawfully asked about her family medical history, an Illinois federal judge ruled, saying the claims weren't preempted by federal benefits law because it wasn't clear a corporate wellness plan was involved.

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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