Benefits

  • May 13, 2021

    Cumulus Says Worker's Separation Pact Blocks ERISA Suit

    Cumulus Media urged a Georgia federal judge to deal the final blow to a proposed class action accusing it of mismanaging employees' retirement plan, saying the sole remaining named plaintiff had signed an "unambiguous" separation agreement that blocked him from suing.

  • May 13, 2021

    Raytheon Balks At Hourly Rate In $8.5M ERISA Fee Ask

    Raytheon Co. has urged a Massachusetts federal judge to shrink what it calls a bloated $8.5 million fee request by attorneys who secured a $59 million settlement in a benefits class action, saying Wednesday that amount would equate to a staggering $3,800 hourly rate.

  • May 12, 2021

    Jenner & Block Partner Appointed To Monitor UAW Deal

    A Michigan federal judge on Wednesday granted the government's unopposed motion to appoint Jenner & Block LLP partner Neil Barofsky as an independent monitor to help carry out a consent decree that ended a sprawling probe into the United Auto Workers union.

  • May 12, 2021

    SEC Fines Broker $1.5M For Failure To Report Cybercrimes

    A broker-dealer of Empower Retirement must pay $1.5 million to the U.S. Securities and Exchange Commission for failing to file hundreds of suspicious-activity reports despite knowing that bad actors were hacking, or attempting to hack, customer accounts, the agency announced Wednesday.

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 12, 2021

    Wells Fargo Can't Escape ERISA Self-Dealing Suit

    Wells Fargo must face a proposed class action accusing it of wrongly including proprietary investment options in its employee 401(k) plan and engaging in prohibited party-in-interest and self-dealing transactions, a Minnesota federal judge ruled Wednesday.

  • May 12, 2021

    Tenn. Titans Accused Of Sacking Worker On COVID Leave

    The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19.

  • May 12, 2021

    Buyback Padded Founders' Pockets, Travel Co. Workers Say

    A proposed class of World Travel Inc. employees has accused Prudent Fiduciary Services and its owner of overpaying for a $200 million stock buyback from the company's founders by saddling the employee ownership plan with "tens of millions" of dollars in debt.

  • May 12, 2021

    High Court's Pension Ruling Is Sinking Health Plan Suits

    Employer attempts to use a 2020 U.S. Supreme Court ruling that limited litigation over pensions to also knock out 401(k) class actions have largely fallen flat, yet they are starting to see success in an unexpected context: suits over health plan management.

  • May 11, 2021

    Senate Confirms Andrea Palm As HHS Deputy Secretary

    U.S. senators on Tuesday approved the confirmation of Andrea Palm to serve as deputy secretary for the U.S. Department of Health and Human Services.

  • May 11, 2021

    Wife Cannot Sue Spouse's Co. Over Her COVID-19 Infection

    A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.

  • May 11, 2021

    Instacart Settles Fired Worker's FMLA Suit

    Instacart has settled claims brought by a former employee that the grocery delivery company violated federal law by barring her and other employees from taking paid time off in conjunction with medical leave, the parties said Tuesday in a filing in Georgia federal court.

  • May 11, 2021

    Ex-NFLer Injured 3 Mos. Into Career Sues Over Benefits Denial

    A former Kansas City Chiefs player sued the National Football League's player benefits plan in Georgia federal court Monday, alleging that he's wrongly been denied disability coverage for a 2014 injury suffered during his three-month stint in the league.

  • May 11, 2021

    Wash. U. Says 27,000-Worker ERISA Class Is Too Big For Cert.

    Washington University in St. Louis urged a Missouri federal judge Tuesday not to certify a class of 27,000 current and former workers in a suit accusing the school of mismanaging their retirement savings, saying the scope of the proposed group is too expansive.

  • May 11, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion "comeback plan" for California's economy and $235 million in relief funding for small businesses in New Jersey.

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 10, 2021

    1st Circ. Affirms UBS Win In $70M Puerto Rico Arbitration Row

    The First Circuit has refused to disturb UBS Financial Services' arbitration win over a client's $70 million loss from Puerto Rico's bond market collapse, saying the client's arbitrator bias claims would require certain statutory interpretations that the U.S. Supreme Court "has cautioned against."

  • May 10, 2021

    Westco Chemicals Reaches ERISA Class Action Settlement

    Westco Chemicals inked a deal to wrap up class action claims that it mismanaged its employees' retirement savings, with two former workers notifying a California federal judge that their Employee Retirement Income Security Act suit was settled two months before a scheduled trial.

  • May 10, 2021

    NY Judge Upholds Awards In Union Severance Row With Hotel

    A New York federal judge on Monday affirmed arbitration awards requiring a Manhattan hotel to pay severance and other benefits to the unionized employees it laid off when it closed during the COVID-19 pandemic, rejecting the company's bid to reduce its payment.

  • May 10, 2021

    Retirees Fight BP's Bid To Freeze Pension Class Action

    Hundreds of BP retirees urged a Houston federal judge to deny the oil giant's bid to freeze their class action claiming misleading changes to their pension plan, saying the company didn't show it's likely to succeed if allowed to appeal class certification.

  • May 10, 2021

    FisherBroyles Adds ERISA Partner From Bryan Cave In NY

    Distributed law firm FisherBroyles LLP has added a longtime Bryan Cave Leighton Paisner LLP attorney who specializes in labor and employment matters as a partner in its New York office, the firm announced Monday.

  • May 10, 2021

    NFL Union Beats Ex-Players' Challenge To CBA Disability Cuts

    Two retired NFL players haven't shown that changes to disability benefits in the players union's latest contract run afoul of the Employee Retirement Income Security Act, a D.C. federal judge ruled Friday in throwing out a proposed class action.

  • May 10, 2021

    HHS Shifts Course On LGBTQ Protections Under Health Law

    The Biden administration said Monday it would scuttle a Trump-era interpretation of the Affordable Care Act and enforce the statute in line with a June U.S. Supreme Court ruling that federal law bans discrimination based on sexual orientation and gender identity.

  • May 10, 2021

    Texas House Advances Bill Banning Local Employment Rules

    A Texas House committee on Monday approved as written a bill originally proposed as a way to prevent major cities from requiring private employers to provide paid sick leave, despite members calling for clearer language after critics said the proposal goes far beyond its stated intent.

  • May 10, 2021

    Congressional Scrutiny Adds Momentum For SPAC Oversight

    Congress is showing interest in toughening transparency and investor protection requirements that govern special purpose acquisition companies, potentially adding pressure on regulators to increase oversight of these alternate funding vehicles that are disrupting capital markets.

Expert Analysis

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

    Author Photo

    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

    Author Photo

    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Discerning Need For 2nd COVID Workers' Comp Claim In Calif.

    Author Photo

    Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers' compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury.

  • Make Profitability Management Part Of Your Law Firm Culture

    Author Photo

    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

    Author Photo

    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • Addressing New COBRA Duties Under Virus Relief Law

    Author Photo

    Following the issuance of fully subsidized COBRA premiums for certain workers under the recently passed American Rescue Plan Act, employers should take steps to determine who is eligible, ensure additional notice requirements are satisfied, and train human resources on communicating with qualified individuals, say Randi May and Dustin Grant at Hoguet Newman.

  • 4 Trends In Discoverability Of Litigation Funding Documents

    Author Photo

    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Long Road Ahead For Biden's Individual Tax Hike Proposal

    Author Photo

    Dustin Stamper at Grant Thornton provides insight into President Joe Biden's recently proposed individual tax increases to pay for his American Families Plan, and explains how competing interests among congressional Democrats and Republicans may shape the final provisions and prolong their implementation.

  • High Court Social Security Ruling's Implications For ERISA

    Author Photo

    The U.S. Supreme Court's recent reasoning in Carr v. Saul, holding that issue exhaustion is not mandatory in Social Security disability benefit claims, would support a similar determination for ERISA claimants, who also shouldn't be barred from raising new issues in court, says Mark DeBofsky at DeBofsky Sherman.

  • 7 Lessons For Young Lawyers Starting Their Careers

    Author Photo

    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Averting Risk In Back-To-Work Vaccine And Screening Policies

    Author Photo

    Employers trying to get their employees back to the workplace should evaluate their existing COVID-19 vaccine and screening policies against evolving federal, state, and local laws and regulations, to address compensation, leave and anti-discrimination issues, say attorneys at Holland & Knight.

  • Virus Relief Law Doesn't Nix Employers' Pension Plan Hurdles

    Author Photo

    While multiemployer pension plans stand to benefit from cash infusions under the recently passed American Rescue Plan Act — regardless of their eligibility for financial assistance — all plan sponsors must continue to consider management risks, including substantial withdrawal liability, says Jason Levy at Covington.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

    Author Photo

    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

    Author Photo

    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • 'Crime' Ruling In Car Death Highlights ERISA Review Standard

    Author Photo

    The Eighth Circuit's recent decision in Boyer v. Schneider Electric, that an accidental death insurance claim could be denied because the decedent's speeding constituted a crime under Missouri law, illustrates the significance of the Employee Retirement Income Security Act deferential standard of review, since the word "crime" is subject to differing interpretations, says Mark DeBofsky at DeBofsky Sherman.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!