Benefits

  • April 24, 2024

    7th Circ. Revives Suit Over Paper Co.'s ESOP Valuation

    The Seventh Circuit reopened a suit claiming executives at a defunct paper company and financial advisers overvalued the business to persuade workers to put retirement savings into an employee stock ownership plan, saying a lower court viewed the allegations too narrowly when it tossed the case.

  • April 24, 2024

    Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received

    The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.

  • April 24, 2024

    Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says

    The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.

  • April 24, 2024

    Healthcare Co. Reaches Deal To Exit Pension Plan Suit

    A healthcare company struck a deal with a class of retirement plan participants to end their suit accusing it of stacking its $500 million pension plan with costly funds and failing to keep fees low, according to a filing in Massachusetts federal court.

  • April 23, 2024

    Citi Says 401(k) Suit No Different From Others That Were Axed

    Citigroup Inc. has urged a Connecticut federal judge to permanently toss a proposed class action brought by former employees who claim the company mismanaged their 401(k) plans, arguing that decisions made in other courts dismissing similar challenges support the suit's dismissal.

  • April 23, 2024

    4 Things Attys Should Know About NJ's $56B Spending Plan

    New Jersey Gov. Phil Murphy has crafted a spending plan that furthers his vision of the state as an innovator in offshore wind and artificial intelligence, while drawing pushback for a proposed corporate transit fee and warehouse tax.

  • April 23, 2024

    Trump's Stake In Truth Social Swells An Additional $1.2B

    The value of Donald Trump's stake in his newly public social media company soared by nearly $1.2 billion on Tuesday as the former president became eligible to receive bonus shares that were conditioned on the company's stock performance.

  • April 23, 2024

    Levi & Korsinsky To Head Combined Paycom Investor Actions

    An Oklahoma federal judge selected Levi & Korsinsky LLP to lead a consolidated proposed investor class action against human resources technology company Paycom Software Inc. over the company's alleged failure to disclose that the success of its self-service payroll software was hindering the growth of the company's other services and revenue.

  • April 23, 2024

    GoodRx Hid Revenue Reliance On Kroger, Suit Claims

    GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.

  • April 23, 2024

    Drugmakers Hit With RICO Suit Over Insulin Price Hikes

    The world's three largest insulin manufacturers engineered an enormous increase in the price of the lifesaving diabetes medication through an "unfair and deceptive conspiracy" with household-name pharmacies, letting all involved reap extraordinary profits for 20 years, according to a lawsuit in Connecticut federal court.

  • April 23, 2024

    Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store

    An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.

  • April 23, 2024

    DC Circ. Backs Georgetown's Defeat Of ERISA Suit

    The D.C. Circuit on Tuesday upheld Georgetown University's win in a suit claiming the school packed its employee retirement plans with costly and poorly performing investment options, finding a lower court was correct in ruling that the workers failed to fix the faults in their case.

  • April 23, 2024

    DOL's Final Investment Advice Regs Expand ERISA's Reach

    The U.S. Department of Labor issued final regulations Tuesday broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, backing off some changes included in a proposal the agency released in October.

  • April 22, 2024

    Kansas Gov. Signs Earned Wage Access License Bill Into Law

    Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.

  • April 22, 2024

    Morgan Lewis Atty Aims ERISA Suit At Firm's Plan, Unum

    A Morgan Lewis & Bockius LLP lawyer has lodged an Employee Retirement Income Security Act suit against the firm's benefit plan, claiming the plan illegally and abruptly terminated her long-term disability benefits after seemingly applying criteria irrelevant to her work.

  • April 22, 2024

    Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

    A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

  • April 22, 2024

    NY Becomes First State In US To Mandate Paid Prenatal Leave

    With its budget passage Saturday, New York became the first state in the U.S. to implement paid leave for pregnant employees to attend doctors' appointments, expanding its paid sick time requirements to create a new bank of up to 20 hours for this purpose.

  • April 22, 2024

    NJ Man Convicted In $4.5M State Benefits Scam

    A New Jersey man has been convicted for his role in a scheme that saw the theft of millions of dollars from a publicly funded Garden State program aimed to help victims of traumatic brain injuries.

  • April 22, 2024

    J&J Says Worker's Drug Costs Suit Misses Big Picture

    Johnson & Johnson asked a New Jersey federal judge to toss a worker's suit claiming employees were overcharged for their prescriptions under a drug benefit program because of a contract with a pharmacy benefits manager, saying employees didn't show they could've gotten a better deal elsewhere.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    PE-Backed Cruise Operator Viking Sets Sights On $1B IPO

    Private equity-backed cruise operator Viking Holdings Ltd. on Monday set a price range on an estimated $1 billion initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Latham & Watkins LLP, marking the latest test of the IPO market's nascent recovery.

  • April 19, 2024

    Timing Of Cigna Workers' Relief Bid Perplexes Conn. Judge

    A Connecticut federal judge wondered Friday if a class of more than 25,000 Cigna workers waited too long to renew a request for an accounting tied to the millions of dollars in underpaid benefits the workers won nearly a decade ago, questioning if the plaintiffs had a right at this stage in the 23-year-old matter to again challenge the company's calculations. 

  • April 19, 2024

    5th Circ. Revives Six Flags Investor Suit Again

    The Fifth Circuit has once again restored a securities fraud class action against Six Flags over the amusement corporation's botched plans to expand in China, saying the lower court inappropriately decided the lead plaintiff lacked standing and wrongly denied another plaintiff a chance to lead the suit.

  • April 19, 2024

    Ex-Gibson Dunn Partners Battle Firm Over Sealed Records

    Gibson Dunn & Crutcher LLP is fighting anonymous ex-partners' bid to unseal a contractual arbitration award granted to a former co-chair of the firm's appellate practice, saying the documents contain trade secrets — such as details about the firm's compensation and partnership structure — that other top law firms could exploit to gain an advantage in a competitive recruitment market.

  • April 19, 2024

    Calif. Union Plan Pays $2.5M To End Early Retirement Suit

    A pension plan for union-represented Northern California metalworkers, the plan administrator and a law firm will pay roughly $2.5 million to end a proposed class action alleging about 30 early retirees weren't given the full benefits they were promised, according to paperwork filed Friday in California federal court.

Expert Analysis

  • DOL's Retirement Security Rule Muddies Definitional Waters

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    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.

  • 9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

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    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.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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