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Benefits
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November 15, 2024
McDermott Welcomes Back Employee Benefits Atty In DC
McDermott Will & Emery LLP's status as a top BigLaw firm with a specialized practice focused on employee stock ownership plans, or ESOPs, prompted an employee benefits attorney to recently return to the firm's Washington, D.C., office.
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November 15, 2024
Hospital Workers' 2nd Circ. Appeal May Wait For Deloitte Case
Workers for Montefiore Medical Center seeking to revive retirement plan mismanagement allegations may see a delayed ruling in their case until another Second Circuit panel rules on similar claims against Deloitte, a panel judge said Friday during proceedings.
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November 15, 2024
Biden Withdraws Cohen Weiss Atty's PBGC Nomination
President Joe Biden has withdrawn his nomination of a Cohen Weiss & Simon LLP attorney to lead the Pension Benefit Guaranty Corp., four months after putting her name forward and less than two weeks after former President Donald Trump secured a return to the White House.
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November 14, 2024
Pinterest Investor Attys Get $2.5M More After Deal Monitoring
A California federal judge on Thursday awarded an additional $2.5 million in fees to attorneys who've been monitoring Pinterest's compliance with a deal that ended investors' claims the company fostered a culture of race and sex discrimination, ruling that he's "satisfied" with both parties' efforts in the wake of the settlement.
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November 14, 2024
Judge Slams Gov't For Resisting LA Campus Housing Orders
A California federal judge has told the federal government that it can't "resist accountability," rejecting a bid to stay court-ordered construction of housing for military veterans on a Los Angeles campus.
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November 14, 2024
EEOC Says Texas, Think Tank Can't Scrap Bostock Guidance
The U.S. Equal Employment Opportunity Commission urged a federal court to shoot down Texas' challenge to workplace harassment guidance the agency issued based on the U.S. Supreme Court's Bostock decision, arguing the state failed to demonstrate that the guidelines had caused them any harm.
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November 14, 2024
Paramount Ruling Breaks Key Litigation Tool, Chancery Told
A Delaware magistrate in a Chancery decision shielding company records from stockholder demands based on anonymous, presuit sources and purportedly new, post-demand requests threatens one of the few sources available for probing corporate wrongdoing, a stockholder attorney told a vice chancellor on Thursday.
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November 14, 2024
Worker Says Prudential Shorted Benefits By Excluding Stock
A Microsoft employee sued Prudential Insurance in Washington federal court, claiming the company reduced his disability pay by declining to consider his stock awards when calculating his monthly earnings to figure out how much in benefits he could receive.
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November 14, 2024
Whole Foods Workers Seek Massive Class In 401(k) Fee Suit
Former Whole Foods employees have asked a Texas federal judge to turn their suit against the company into a class action, saying they'd like to represent nearly 100,000 current and former employees in litigation accusing the grocery chain of mismanaging its 401(k) plan.
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November 14, 2024
Robbins Geller Tapped To Lead Software Co. Investor Suit
A pair of pension funds represented by Robbins Geller Rudman & Dowd LLP has beaten out individual investors vying to lead a shareholder class action against MongoDB Inc. over the software company's growth projections.
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November 14, 2024
Trump Picks RFK Jr. To Lead Health & Human Services
President-elect Donald Trump announced Thursday that Robert F. Kennedy Jr., a prominent anti-vaccination activist and former presidential candidate, is his nominee to lead the U.S. Department of Health and Human Services.
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November 13, 2024
7th Circ. Won't Halt Ind. Gender-Affirming Care For Minors Ban
A split Seventh Circuit reversed a lower court's preliminary injunction order Tuesday that stopped an Indiana law prohibiting its physicians from providing gender-affirming care through medication to minors, finding the plaintiff's view on the law would result in allowing parents to decline to take a seriously injured child to the hospital.
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November 13, 2024
Saxena, Cohen Milstein To Lead Sprout Social Investor Suit
Saxena White PA and Cohen Milstein Sellers & Toll PLLC will represent a putative class of social media management company Sprout Social Inc. investors in consolidated litigation after the company missed its financial guidance and struggled to integrate an influencer marketing platform it acquired.
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November 13, 2024
6th Circ. Partially Vacates Insurer's ERISA Disability Suit Win
The Sixth Circuit partially invalidated on Wednesday an insurance company's win in an ex-worker's suit seeking additional disability benefits, directing a lower court to reconsider arguments regarding when to apply a 24-month policy limitation on benefits for total disability caused by a mental health condition.
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November 13, 2024
Groom Law Atty To Lead Morris Manning Benefits Group In DC
A former Groom Law Group principal who spent almost 15 years with that firm has moved to Morris Manning Martin LLP to lead its employee benefits and executive compensation practice in Washington, D.C., the firm announced Tuesday.
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November 13, 2024
Casino Queen To Pay $7.1M To Wrap Up ESOP Suit
The parent company of Illinois-based Casino Queen has agreed to pay a group of workers $7.1 million to shutter their proposed class action claiming their employee stock ownership plan paid too much in a $170 million deal to buy stock in the company, costing employees millions in benefits.
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November 13, 2024
Attorneys Seek $983K Fee For Work On $2.95M Benefits Deal
Six attorneys who settled a benefits class action on behalf of about 14,000 employees of an aerospace and auto parts manufacturer asked a Michigan federal judge to approve nearly $1 million in fees, saying this would be a standard payout in light of the $2.95 million settlement.
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November 13, 2024
Settlement Talks Falter In Schnader Harrison Pension Fight
Negotiations between a former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm appear to have failed for now in the former partner's proposed Employee Retirement Income Security Act class action as the parties missed the deadline for a deal this week.
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November 13, 2024
Fla. College Nabs Early Win In Retirement Fee Suit
A Florida federal court handed Embry-Riddle Aeronautical University an early win Wednesday in an ex-worker's proposed class action alleging mismanagement of her retirement plan, finding she hadn't demonstrated any individual injury from the recordkeeping fees or investments she had challenged.
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November 13, 2024
Cadwalader Brings New Partner To Corp. Team From Kirkland
Cadwalader Wickersham & Taft LLP announced Tuesday that it had hired an adviser to companies and private equity funds from Kirkland & Ellis LLP, touting her experience in complex business transactions.
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November 13, 2024
NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight
A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.
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November 12, 2024
Ex-Capital One Workers Lodge $43M 401(k) Forfeiture Suit
A group of former Capital One employees has brought a proposed class action in New York federal court accusing the financial institution and its top brass of improperly using $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions to the plan.
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November 12, 2024
Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe
Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.
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November 12, 2024
Deloitte Must Face Certified Class Over Nuclear Audit Reports
A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.
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November 12, 2024
American Airlines Escapes Pandemic Early Retirement Suit
A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Employer Lessons From Mass. 'Bonus Not Wages' Ruling
In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.