Benefits

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    Sutter Health Indirect Purchasers Vie For Cert. In $489M Suit

    Health insurance plan purchasers seeking $489 million from Sutter Health on claims they overpaid because the hospital chain violated antitrust laws told a California federal judge during a hearing Thursday that their renewed class certification bid isn't doomed by a dispute over calculating damages.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    CareerBuilder Beats 401(k) Fee Suit After Northwestern Does

    An Illinois federal judge has tossed a proposed ERISA class action against CareerBuilder LLC, rejecting allegations of excessive 401(k) plan fees by citing Northwestern University's recent defeat of similar claims in the Seventh Circuit.

  • July 02, 2020

    2020's Biggest Benefits Regulations: Midyear Report

    The U.S. Department of Labor's employee benefits arm removed barriers to profit for asset managers, investment advisers and the private equity industry, while attempting to limit ethical investments in 401(k) and pension plans. Here, Law360 recaps the three biggest DOL benefits policies of 2020 so far, which all arrived in June.

  • July 02, 2020

    J&J Investors Seek Cert. In Asbestos Stock-Drop Suit

    A proposed class of Johnson & Johnson investors asked a New Jersey federal judge Wednesday to certify it in a lawsuit alleging the company artificially inflated stock prices by hiding that its baby powder products were filled with cancer-causing asbestos.

  • July 02, 2020

    Amazon Hit With ERISA Suit Over 'Deficient' COBRA Notice

    Amazon Corporate LLC violated federal law by failing to properly inform workers of their ability to keep their health care and threatening them with IRS fines and criminal penalties to discourage them from seeking continued coverage, according to a proposed class action filed in South Carolina federal court.

  • July 02, 2020

    American Airlines Beats Class Bid In 401(k) Management Suit

    Two former American Airlines workers lost their bid to certify a 20,000-member class in their suit alleging their retirement plan was mismanaged, after a Texas federal judge said certification wasn't necessary since they are suing on behalf of the whole plan.

  • July 02, 2020

    Judge Pans NY Defenses In Uber Drivers' Fight For Benefits

    The Brooklyn federal judge handling Uber, Lyft and other app-based drivers' legal battle for New York unemployment benefits appeared to take the drivers' side during a case hearing Thursday morning, as she repeatedly laid into the Empire State's arguments against immediate court intervention.

  • July 02, 2020

    Ex-NFL Player Fights For Jury Trial In ERISA Suit

    A former Kansas City Chief urged a Texas federal judge on Wednesday not to deny him a jury trial in his suit against the NFL player retirement plan that allegedly refused him benefits for physical and mental injuries suffered on the job.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Fidelity Settles Workers' 401(k) Plan Suit For $28.5M

    Fidelity has struck a $28.5 million deal with current and former employees to settle a class action claiming the investment firm put profits ahead of their retirement savings by harvesting "excessive" fees from a limited lineup of Fidelity-affiliated funds in its 401(k) plan. 

  • July 02, 2020

    Biotech Firms Drive IPO Rebound While 'Unicorns' Gear Up

    The initial public offering market ended midyear on a roll and appears poised for a strong second half of 2020, powered by a robust biotechnology sector and potential debuts from venture-backed technology "unicorns" — barring more pandemic-related setbacks.

  • July 01, 2020

    SEC Says Broker Can't Attack Its Investigation In Bribe Trial

    The U.S. Securities and Exchange Commission asked a Manhattan federal court to keep an analyst's upcoming bribery trial limited to his alleged cover-up of an $11,000 ski trip, saying the court should block an anticipated defense centered on the SEC's investigation and the misdeeds of co-conspirators.

  • July 01, 2020

    Ill. Panel Reverses Chicago Health Care Pension Fight Ruling

    An Illinois appeals court on Tuesday partially reversed a lower court's ruling in long-running proposed class action over pension fund obligations after the city of Chicago said it would stop providing its retirees with fixed-rate health care subsidies funded by city taxes.

  • July 01, 2020

    Abbott Labs Tries To Shake ERISA Cybersecurity Suit

    Abbott Laboratories wants an Illinois federal judge to toss a former employee's suit claiming the company and its retirement plan record-keeper allowed an imposter to steal $245,000 from her retirement account, arguing that the pharmaceutical giant wasn't responsible for the theft.

  • July 01, 2020

    Convergys Can't Duck Ex-Worker's FMLA Termination Suit

    A Utah federal judge has let a former Convergys worker's wrongful termination suit move forward, ruling there was a question as to whether the employee voluntarily resigned or had her Family and Medical Leave Act rights violated after undergoing treatment for a kidney stone.

  • July 01, 2020

    Ex-Jones Day Attys Call Firm's 'Malicious Attacks' Unlawful

    The married former Jones Day associates suing the firm over its family leave policy want to beef up their lawsuit with retaliation claims based on "highly personal and malicious attacks" the legal powerhouse leveled against them in a public statement last year.

  • June 30, 2020

    Del. Justices Reverse $18B Towers Watson Merger Suit Toss

    A split Delaware Supreme Court on Tuesday reversed and sent back for reconsideration the Chancery Court's mid-2019 dismissal of a stockholder suit challenging the $18 billion merger of Towers Watson & Co. and Willis Group, saying the lower court mistakenly deferred too much to the combined company when it dismissed breach of fiduciary duty claims against Towers' CEO.

  • June 30, 2020

    Worker's Family Pushes To Keep Virus Death Suit In Pa. Court

    The family of a Philadelphia-area meatpacking plant worker who died of COVID-19 wants its case against his employer moved back to state court, arguing its wrongful-death claims are not barred by workers' compensation law or a federal executive order governing the food supply chain.

  • June 30, 2020

    Uber Wins Trim Of Sick Leave Claim From Wage Class Action

    A California federal judge on Tuesday trimmed Uber drivers' sick leave claim from a putative class action alleging the ride-hailing giant deprived drivers of benefits by misclassifying them as independent contractors, but declined to dismiss other claims and gave drivers a chance to bolster the sick leave allegation.

  • June 30, 2020

    The Biggest Benefits Rulings Of 2020: Midyear Report

    The U.S. Supreme Court took up a bumper crop of ERISA cases this term, handing down both a major loss and a substantial win to employees looking to sue their employers over retirement plan mismanagement, as well as punting on two other benefits suits.

  • June 30, 2020

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

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    Patient Loses Atty Fee Bid In ERISA Fight At 5th Circ.

    The Fifth Circuit has refused to force Humana to foot a patient's attorney fee tab incurred in her suit over eating disorder treatment coverage, rejecting her argument that the appellate court's revival of her case meant she could collect those fees.

  • June 30, 2020

    Musician Seeks Cert. For Over 30K In SAG-AFTRA Suit

    A musician accusing the Screen Actors Guild‐American Federation of Television and Radio Artists of draining millions of dollars from an artists' fund set up by Congress moved Monday in California federal court to certify a class of 30,000 session musicians and backup singers whose royalties had allegedly been "skimmed."

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Handling Employee Vacation Requests During COVID-19

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    While there is little precedent for dealing with employee vacation requests during a pandemic, companies can protect workers by carefully asking about travel plans, and following public health agency and local guidelines when advising employees to self-isolate, say attorneys at Baker McKenzie.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    High Court Should Review Goldman's Maintenance Theory

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    Now that the full Second Circuit has denied rehearing in Arkansas Teacher Retirement System v. Goldman Sachs, the U.S. Supreme Court should review the flawed theory that misstatements can affect stock prices simply by maintaining preexisting inflation, say attorneys at Gibson Dunn.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • 7 Things To Know When Bringing Employees Back To Work

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    Arlene Switzer Steinfield at Dykema explains the latest reopening guidelines from the Centers for Disease Control and Prevention, how employers can determine which workers to recall, whether pay and benefits can be changed, and more.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

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