Benefits

  • October 15, 2021

    Endo Investors Ink $63M Deal In Generics Stock Inflation Suit

    Endo International and a class of investors told a Pennsylvania federal court Friday that they reached a $63.4 million settlement to resolve claims Endo inflated its stock price by hiking its generic drug prices in tandem with competitors and then lied to investors about how it had increased its profits.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    DOL Plan Could Make ESG Retirement Investing Hip — Again

    A new U.S. Department of Labor proposal would rip down Trump-era barriers that discouraged ESG investing by employee retirement funds, but it may only be the latest volley in a fiery debate over whether such investments are economically relevant — and whether they benefit or harm investors.

  • October 15, 2021

    $93.5M Deals In Chicken Price-Fixing Row Get Initial OK

    An Illinois federal judge granted early approval Friday to three settlements totaling $93.5 million that commercial and institutional indirect purchasers reached with Tyson Foods Inc., Pilgrim's Pride Corp. and Mar-Jac Poultry Inc. to settle claims they conspired with competitors to fix the price of broiler chicken.

  • October 15, 2021

    Microsoft, Insurer Escape Addiction Treatment Coverage Suit

    A Seattle federal court dismissed a lawsuit alleging Microsoft and a Blue Cross Blue Shield affiliate unlawfully failed to cover the cost of an employee's daughter's inpatient mental health and substance abuse treatment, saying the tech company's health plan had discretion to decide what care was necessary.

  • October 14, 2021

    Zendesk Wants 9th Circ. To Affirm Ax Of Investors' Breach Suit

    Software company Zendesk is urging the Ninth Circuit to uphold the dismissal of a putative securities class action accusing it of concealing a 2016 data breach, arguing that it never lied to or misled investors about the strength of its data security program. 

  • October 14, 2021

    SEC Resurrects Proposed Rules For Clawing Back Exec Pay

    The U.S. Securities and Exchange Commission on Thursday reopened the comment period on proposed rules requiring executives at publicly traded companies to pay back certain bonuses and other incentive-based compensation in the event of an accounting restatement, regardless of whether they were at fault.

  • October 14, 2021

    FBI's Ex-No. 2 McCabe Inks Deal Over 'Political' Firing

    Former FBI Deputy Director Andrew McCabe reached a settlement with the federal government of a suit alleging he was illegally fired for refusing to enact the political agenda of former President Donald Trump, telling a Washington, D.C., federal court on Thursday that the deal makes McCabe eligible for his full pension and other retirement-related benefits.

  • October 14, 2021

    Insurer Says Lab Charged Up To $979 Per COVID-19 Test

    Premera Blue Cross is accusing GS Labs of ordering unnecessary COVID-19 tests for patients and charging "exorbitant" prices upwards of $979 per test so that it can inflate the amount it bills insurers, according to the health insurer's lawsuit filed Thursday in Washington federal court.

  • October 14, 2021

    Dental Co. To Pay $63M To End Investors' Price-Fixing Suit

    Patterson Cos. Inc. has agreed to pay $63 million to end investors' class action in Minnesota federal court accusing the dental supply company of working with competitors to fix prices, according to the investors' unopposed bid for preliminary approval of the deal Thursday.

  • October 14, 2021

    Software Ex-CEO Entitled To $5.4M And Tesla, Ga. Court Rules

    The founder and former CEO of a software company is entitled to $5.4 million in employment incentive payments and a Tesla of his choosing under his employment contract, the Georgia Court of Appeals held Thursday.

  • October 14, 2021

    Judge Wary Aaron's Fraud Suit Simply Mirrors FTC Action

    A Georgia federal judge on Thursday expressed concern that letting shareholders maintain a fraud suit against rent-to-own retailer Aaron's Inc. would open the door for every government investigation into a company to become litigation.

  • October 14, 2021

    Minn. High Court Blocks Payment For Worker's Medical Pot

    The Minnesota Supreme Court has found that the federal Controlled Substances Act preempts a workers' compensation court decision ordering a dental center to pay for an employee's medicinal cannabis, saying the company can't comply with both state and federal law at the same time.

  • October 14, 2021

    Deloitte Workers Sue Over 'Astronomical' 401(k) Fees

    Deloitte workers slapped the accounting giant with a proposed class action in New York federal court, claiming the company allowed two multibillion-dollar retirement plans to get saddled with "astronomical" fees.

  • October 13, 2021

    Aon Beats Massive Lowe's Workers ERISA Suit At Bench Trial

    A North Carolina federal judge issued a bench trial decision Wednesday ending claims by a certified class of about 250,000 current and former Lowe's employees that Aon Hewitt mismanaged their 401(k) by directing funds to its own financial products, finding the consultant didn't breach its fiduciary duty or violate ERISA.

  • October 13, 2021

    Teamsters Can't Arbitrate Mandatory COVID-19 Vaccine Policy

    An Illinois federal judge rejected a Teamsters local unit's request to send a pension fund's new COVID-19 vaccination policy to interest arbitration, saying the arbitration clause in the parties' union contract is too narrow to apply to the mandate.

  • October 13, 2021

    VA Says Bill's Proposed Medical Pot Study Is Too Broad

    A House subcommittee on Wednesday pressed U.S. Department of Veterans Affairs directors on why they did not support a bipartisan bill ordering the department to conduct clinical trials on the potential benefits of medical marijuana.

  • October 13, 2021

    Ex-NBA Player Tony Allen Pleads Not Guilty In Fraud Case

    Retired NBA shooting guard Tony Allen, one of 18 former players charged with defrauding the league's health care plan through fake medical treatments, pled not guilty Tuesday and said through a lawyer he will "prepare his defense."

  • October 13, 2021

    DOL Aims To Undo 'Chilling' Trump-Era ESG Investment Rules

    The U.S. Department of Labor released a proposal Wednesday that would undo two Trump administration rules that imposed restrictions on how retirement plans could assess environmental, social and governance factors, such as climate change, in their investment decisions.

  • October 13, 2021

    Atty Fired After Parental Leave Must Arbitrate, 1st Circ. Told

    A Maine law firm accused of firing an associate for taking parental leave told the First Circuit on Tuesday that a Boston federal judge was right to shuttle the sex discrimination case into arbitration earlier this year.

  • October 12, 2021

    Alsup Cites 'Red Flag' In Denying UnitedHealthcare Deal

    U.S. District Judge William Alsup denied preliminary approval of a class action settlement Tuesday between UnitedHealthcare and patients who claimed the insurer refused to cover liposuction to treat a chronic health condition, saying the deal cleared the way for "excessive" attorney fees and is "unfair to class members."

  • October 12, 2021

    Financial Analyst Sues Insurers Over Disability Benefits Denial

    Blue Cross Blue Shield and Dearborn Life Insurance were hit with a lawsuit Tuesday from a former financial analyst for a Texas credit union who claims the insurers violated ERISA when they denied her disability benefits after she developed a severe neurological condition.

  • October 12, 2021

    SEC Official Warns Vast Swaths Of Economy Are 'Going Dark'

    U.S. Securities and Exchange Commissioner Allison Herren Lee said Tuesday that regulators should revise how "shareholders of record" — a key metric that determines when companies must file regular SEC disclosures — are defined to prevent the public from being left in the dark.

  • October 12, 2021

    Home Health Cos. Ink $8.5M Deal In Medicare Row, Feds Say

    A home health business and an affiliated company will pay over $8.5 million as part of a deal to end accusations that they caused Medicare to overcompensate them for certain tests for over half a decade.

Expert Analysis

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Tax-Exempt Orgs, Beware This 403(b) Plan Compliance Pitfall

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    A recent Internal Revenue Service publication puts 403(b) retirement plan sponsors on notice about a contribution aggregation compliance failure often identified in audits of government and tax-exempt entities, but risk can be minimized by ensuring plan documents and communications address the issue directly, say Greg Needles and Michael Gorman at Morgan Lewis.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Public Agency Risks Grow Under New Calif. Pension Law

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    Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • A Primer On DOL Probes For ERISA Plan Service Providers

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    As the U.S. Department of Labor shifts its enforcement resources from Employee Retirement Income Security Act plan sponsors to financial institutions that service such plans, nonfiduciary providers should know what to expect and how to respond to agency investigations, say attorneys at Groom Law Group.

  • Opinion

    5th Circ. Opinion Is Right To Question ERISA Review Norms

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    A concurrence in the Fifth Circuit’s recent J. P. v. Blue Cross and Blue Shield of Texas decision rightly criticizes the standard of review in Employee Retirement Income Security Act cases as misplaced, nearly impossible for claimants to meet, and at odds with the holistic assessment required by the U.S. Supreme Court, says Mark DeBofsky at DeBofsky Sherman.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • College Athlete Employee Status Would Raise Novel Issues

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    A recent declaration that the National Labor Relations Board's office of general counsel now considers certain college athletes employees, if formally adopted by the NLRB, could bring new questions for colleges and athletes on workers' compensation, unemployment insurance, tax liability and more, says Mike Ingersoll at Womble Bond.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

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