Benefits

  • January 27, 2022

    Teva Gets Nod For $420M Price-Fixing Deal With Investors

    A Connecticut federal judge granted preliminary approval to a $420 million deal resolving an investor class action accusing Teva Pharmaceuticals of orchestrating an industrywide price-fixing scheme, holding that the agreement is reasonable and there are no obvious red flags.

  • January 27, 2022

    Northrop's Pension Denials 'Appropriate,' Judge Told

    A Northrop Grumman executive testified at a California federal bench trial Thursday over Employee Retirement Income Security Act class claims and said an "appropriate" interpretation of a retirement plan it oversees can leave some workers with no pension benefits despite years of service.

  • January 27, 2022

    NJ Judge Must Undergo Psych Exam In Workplace Bias Suit

    A New Jersey magistrate judge ruled Thursday that a state court judge must undergo a psychiatric evaluation in order to level the playing field for judiciary officials fighting her claims that workplace bias left her emotionally distressed.

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Fla. Judge Gives Cancer Patients Win Against Aetna

    A Florida federal judge granted two cancer patients a win Thursday in their proposed class suit against Aetna claiming they were wrongfully denied coverage for proton beam radiation therapy under their employer-issued health plans.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

  • January 27, 2022

    Alsup Fears $50M Pinterest Workplace Deal May Be 'Cosmetic'

    U.S. District Judge William H. Alsup said Thursday he's inclined to greenlight Pinterest's $50 million deal resolving derivative shareholder litigation alleging discriminatory workplace conditions, but expressed several concerns, saying he's seen "cosmetic settlement after cosmetic settlement" and "this kind of looks like that scenario."

  • January 27, 2022

    SEC Refloats Executive Compensation Disclosure Rule

    The U.S. Securities and Exchange Commission on Thursday refloated a Dodd Frank-era rule that would allow investors to more easily compare public company executives' compensation to shareholder returns, a move that could appease investor advocates but drew a dissent from the agency's sole Republican member.

  • January 27, 2022

    Bessemer Trust Favors Proprietary Funds, Class Action Says

    Bessemer Trust Company has been hit with a proposed class action in New Jersey federal court over claims that it has engaged since 2016 in unlawful self-dealing and shown favoritism to its proprietary Old Westbury Funds, causing investors to experience increased fees and meager returns.

  • January 27, 2022

    NJ Judge Wins Disclosure Of Internal Memos In Pension Suit

    A New Jersey state judge on Thursday cleared a fellow state jurist to publicly disclose two internal memos in pursuing a lawsuit alleging state judiciary officials engineered the state Supreme Court's denial of her disability pension application, rejecting their stance that such materials must remain under wraps.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Northrop's Pension Denials Sounded Like Threats, Judge Told

    Former TRW Inc. employees testified in a California federal bench trial over Employee Retirement Income Security Act class claims Wednesday that TRW's successor Northrop Grumman denied them pension benefits despite years of work, with one claiming Northrop's response "almost sounded like I was going to have to start paying them money."

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Atty's Parental Leave Row Fit For Arbitration, 1st Circ. Says

    The First Circuit on Wednesday refused to revive an attorney's sex discrimination lawsuit claiming he was fired for taking parental leave, adopting a Boston federal judge's explanation that a hiring letter mandated arbitration.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Courier Service Spent Workers' 401(k) Funds, DOL Says

    The U.S. Department of Labor sued a New York bike messaging service Wednesday, claiming the company looted employees' 401(k) funds to pay everyday expenses and shirked its obligation to match employees' plan contributions.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Ga. Health Care System Can't Shake $4.6M ERISA Class Action

    A Georgia health care system has lost its bid to dismiss a proposed class action alleging it wasted about $4.6 million in employees' retirement savings by mismanaging their investments, a day after the U.S. Supreme Court issued an opinion in a similar case.

  • January 26, 2022

    Blank Rome Adds Corporate Litigation Partner In Philly

    An attorney with more than two decades of experience in health care and antitrust matters has moved his practice to Blank Rome LLP's Philadelphia office from Troutman Pepper, Blank Rome has announced.

  • January 26, 2022

    10th Circ. Revives Coal Miner's Black Lung Benefits Bid

    The Tenth Circuit has revived a former coal miner's claim for benefits under the Black Lung Benefits Act against Black Butte Coal Co., saying an administrative law judge with the U.S. Department of Labor's Benefits Review Board didn't reasonably explain why he favored one expert's medical opinion over others.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

Expert Analysis

  • Key Takeaways From Justices' Military Benefits Ruling

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    The U.S. Supreme Court’s recent concise opinion in Babcock v. Kijakazi — which will reduce Social Security retirement benefits for certain dual-status military technicians — demonstrates how it is more common today for questions of statutorily created rights and government-provided benefits to be resolved through a plain reading of the law, says Christopher Keeven at Shaw Bransford.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Settlement Holds ERISA Lessons For Private Co. Directors

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    The U.S. Department of Labor’s recent settlement with Kurt Manufacturing board members and Reliance Trust illustrates potential consequences under the Employee Retirement Income Security Act for private company directors and fiduciaries who exercise too much influence over employee stock ownership plan transactions, says Carol Buckmann at Cohen & Buckmann.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Northwestern ERISA Case Highlights Compliance Lessons

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    As we await the U.S. Supreme Court's decision in Hughes v. Northwestern, and its impact on Employee Retirement Income Security Act litigation, it is important to implement plan sponsor best practices that mitigate exposure to costly, time-consuming class action and fiduciary breach lawsuits, say Philip Koehler and Anne Hall at Hall Benefits Law.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • In 2022, Benefit Plans Must Act On Cybersecurity, ESG

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    As the new year ramps up, employee benefit plan fiduciaries and providers don’t have time to wait for the U.S. Department of Labor to hammer out the details on two key issues — they must shore up cybersecurity measures, and consider whether and how to integrate environmental, social and governance factors in investing decisions, says Ivelisse Berio LeBeau at The Wagner Law Group.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Opinion

    Health Plan Servicers' Disclosure Rule Objections Are Faulty

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    Health plan service providers contend they are not subject to a new rule from the U.S. Department of Labor that requires any broker or consultant to disclose certain compensation expectations to plan fiduciaries — a self-serving argument based on a faulty interpretation of the requirements, says Julie Selesnick at Berger Montague.

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