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Benefits
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June 28, 2024
Texas Justices Back Ban On Gender Affirming Care For Minors
The Texas Supreme Court upheld a state ban on medical treatments that affirm the gender identity of transgender youths, saying Friday that the legislature "made a permissible, rational policy choice," though a dissenting justice said the court allowed the state "to legislate away fundamental parental rights."
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Ontrak Exec Conviction Shows Trading Plans Aren't Shields
Executives who use so-called Rule 10b5-1 trading plans to buy and sell shares of their company's stock don't have an automatic shield against insider trading charges, attorneys said following the first criminal conviction of an executive based exclusively on his use of the plans, which are facing increased scrutiny from financial regulators.
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June 28, 2024
Match Group Should Escape Investor Claims, Judge Says
A proposed class action brought by shareholders of dating website operator Match Group Inc. should be tossed for now because it failed to show how the company allegedly misled the markets about an integration process, a Delaware federal magistrate judge determined.
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June 28, 2024
Texas Justices Back Union Leave Clause's Constitutionality
A clause in a firefighters union's collective bargaining agreement that permits taking paid leave for negotiations does not violate the Lone Star state's constitution, the Texas Supreme Court ruled Friday while reversing an award of attorney fees and sanctions against some of the plaintiffs.
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June 28, 2024
Cabot $40M Deal To End Investors' Fracking Suit Gets 1st OK
A Texas federal judge agreed to grant preliminary approval of a $40 million cash settlement Cabot Oil & Gas Corp. agreed to pay to resolve an investor class action accusing the company of misrepresenting its environmental regulatory compliance in Pennsylvania.
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June 28, 2024
Jury Convicts Seattle Doctor In NBA Health Fraud Case
A Manhattan federal jury on Friday found a Seattle doctor guilty of healthcare fraud and other charges related to a scheme to submit bogus claims for payment to an NBA healthcare plan, according to the U.S. Attorney's Office for the Southern District of New York.
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June 28, 2024
Legal Tech Co. Seeks Arbitration Of ESOP Row At 11th Circ.
A legal technology company is urging the Eleventh Circuit to back arbitration of workers' claims that they lost $35.4 million when their employee stock ownership plan bought undervalued company shares, arguing that the lower court misstepped by finding that the agreement flouted rights under federal benefits law.
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June 28, 2024
Uber Driver Axes Coverage Claims Against Co.'s Insurer
An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.
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June 28, 2024
3 Biggest Benefits Policy Developments From 2024's 1st Half
The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.
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June 28, 2024
9th Circ. Backs Mining Co.'s Defeat Of Driver's FMLA Suit
The Ninth Circuit upheld a mining company's jury win over a truck driver's lawsuit claiming he was fired because he took time off after a workplace injury, saying Friday that employers don't have to rely on medical evidence to challenge a doctor's diagnosis under federal medical leave law.
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June 27, 2024
BofA, JPMorgan, Others To Pay $46M To End Rate-Swaps Suit
Several major U.S. and European banks, including Bank of America, JPMorgan Chase & Co. and Deutsche Bank AG, reached a $46 million deal on Thursday to resolve a long-running multidistrict litigation over an alleged plot by the banks to limit market competition over interest rate swaps.
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June 27, 2024
Uber, Lyft Cut $175M Deal To End Mass. Worker Status Fight
Uber Technologies Inc. and Lyft Inc. on Thursday agreed to pay a combined $175 million and provide drivers with a suite of benefits to settle an employee classification lawsuit brought by the state of Massachusetts.
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June 27, 2024
11th Circ. Upholds Radiology Practice's FMLA Suit Win
The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.
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June 27, 2024
6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
DOL Benefits Chief Defends Fiduciary Rule Before GOP Panel
The head of the U.S. Department of Labor's employee benefits agency on Thursday defended recently finalized policy expanding the definition of a fiduciary under the Employee Retirement Income Security Act, drawing criticism from a Republican-controlled panel of House lawmakers at an oversight hearing.
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June 27, 2024
Yale Tells 2nd Circ. Workers Aren't Owed ERISA Jury Trial
Yale University told the Second Circuit a group of workers can't be granted a new jury trial in their suit claiming their $5.5 billion retirement plan was loaded with high fees, stating high court precedent says they're ineligible for a jury trial under the relief they're seeking.
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June 26, 2024
BofA COVID Benefit Card Suit Trimmed After Prior Order Axed
A California federal judge has trimmed a suit brought against Bank of America NA by a proposed class of unemployment and disability benefits card recipients while also agreeing with them that a federal magistrate judge erred in holding that the bank's top brass lacked "uniquely relevant information" concerning discovery in the suit.
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June 26, 2024
VA Can't 'Short-Circuit' Racial Bias Suit With Appeal, Vet Says
The U.S. Department of Veterans Affairs should not be allowed to challenge a Connecticut federal judge's decision to let a Black Marine Corps veteran proceed with his systemic-discrimination suit against the department because it has not met the standards for lodging an interlocutory appeal, the plaintiffs have argued.
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June 26, 2024
Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence
Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.
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June 26, 2024
Conn. Insurance Chief Can Limit Struggling Insurer's Payouts
A Connecticut state court imposed a temporary moratorium on certain benefits that a private equity-owned life insurer can pay out to policyholders until a rehabilitation plan can be confirmed for the failing carrier, granting the state insurance department's petition for a rehabilitation order.
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June 26, 2024
Veteran Says Starbucks Fired Him Over Parental Leave
Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.
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June 26, 2024
CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case
The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.
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June 26, 2024
Feds' 5th Circ. Win On Preventive Care May Imperil ACA
The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.
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June 26, 2024
Biden Pardons Veterans Convicted For LGBTQI+ Status
President Joe Biden on Wednesday pardoned thousands of LGBTQI+ military veterans who were convicted of crimes and forced out of the military across more than 60 years based solely on their sexual orientation or gender identity.
Expert Analysis
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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How Mental Health Ruling Paves Road For Equal Coverage
The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.
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An Informed Guide To Mastering Retirement Plan Forfeitures
When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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5 New Calif. Laws Employers Need To Know
Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.
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DOL's Retirement Security Rule Muddies Definitional Waters
The latest proposal changing how the Employee Retirement Income Security Act defines "investment advice," which the White House framed as a narrowly tailored regulation, would implement a sweeping regulatory overhaul that changes how the retirement services industry interacts with plans, participants and account owners, says Michael Kreps at Groom Law Group.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.