Benefits

  • November 21, 2019

    JPMorgan Wraps Up Ex-Worker's COBRA Suit

    JPMorgan Chase & Co. has settled a lawsuit by a former employee claiming the bank failed to properly notify him of how to keep health insurance after losing his job, according to a filing in Florida federal court Thursday.

  • November 21, 2019

    Union Fund Gets Green Light To Expand Ocwen ERISA Suit

    A union pension fund’s trustees can add to their ERISA lawsuit accusing Ocwen Financial Corp. of profiting off the 2000s financial crisis by pushing homeowners into foreclosure, a New York federal judge ruled Thursday.

  • November 21, 2019

    Symantec Investor Wants Records On Audit Probe

    A Symantec Corp. investor has filed suit in Delaware Chancery Court seeking the cybersecurity giant's records of an internal audit investigation launched after a former employee raised accounting concerns.

  • November 21, 2019

    Aramark Nears Deal To End Suit Over Manager Bonuses

    Aramark Corp. is hashing out the final terms of a deal to settle a proposed class action from a group of managers accusing the Philadelphia-based food giant of reneging on its promises to pay them bonuses in 2018. 

  • November 21, 2019

    GOP Sens. Propose Reform To Tackle Looming Pension Crisis

    Expanding the Pension Benefit Guaranty Corp.'s authority and requiring retirees to turn over a portion of their benefits to the agency in the form of co-payments are among numerous reforms two Republican senators have proposed to address the nation's struggling multiemployer pension system.

  • November 20, 2019

    Disclosure, Transparency Regs Headline DOL Benefits Agenda

    The U.S. Department of Labor's benefits division has added several items to its most recent to-do list, telling stakeholders Wednesday that it hopes to push out rules giving employers more leeway to deliver benefits information online and requiring health insurers to tell workers how much they'll owe for treatment before they receive it.

  • November 20, 2019

    Worker Classification Bid 'Makes No Sense,' Pa. Justice Says

    Arguments aimed at putting employers on the hook for withholding unemployment compensation taxes from workers who could potentially be considered independent contractors faced stiff criticism from Pennsylvania’s highest court on Wednesday, as one justice said the position made “no sense at all.”

  • November 20, 2019

    7th Circ. Says Manufacturers Owe Retirees Benefits For Life

    Two Illinois manufacturers must reinstate a pair of retirees' collectively bargained health benefits for life, the Seventh Circuit ruled on Wednesday, saying a termination clause in the ex-workers' contract couldn't be used as a "loophole" to undo the plan's promise of lifetime health care benefits even after the agreement expired.

  • November 20, 2019

    Robbins Geller, Funds Push To Keep Lead In ATM Investor Suit

    Pension funds represented by Robbins Geller Rudman & Dowd LLP and the Kendall Law Group PLLC fought back Tuesday in New York federal court against a motion to reassess their appointment as lead plaintiffs in a case alleging that ATM manufacturer Diebold Nixdorf Inc. misrepresented to shareholders the success of its acquisition of a German competitor.

  • November 20, 2019

    Freddie, Fannie Bond Buyers Seek Cert. In Price-Rigging Suit

    Days after announcing a third settlement in the litigation, buyers of Fannie Mae and Freddie Mac bonds asked a New York federal judge for class certification in their antitrust suit against Bank of America, JPMorgan and other banking behemoths.

  • November 20, 2019

    NYU Workers Press 2nd Circ. To Revive ERISA Suit

    A class of New York University workers have urged the Second Circuit to revive their ERISA case against the university, challenging a number of decisions at the lower court, including whether a former federal judge who later joined Cravath should have presided over the case.

  • November 20, 2019

    FTD Seeks Court Approval For Pension Plan Settlement

    Flower and gift retailer FTD Cos. Inc. is asking a Delaware bankruptcy court to approve a settlement with the federal Pension Benefit Guaranty Corp. to resolve nearly $1.8 million in alleged retirement benefits liability.

  • November 20, 2019

    Attys Score $27M Payday For $80M MetLife ERISA Settlement

    Three law firms will walk away with $26.6 million of the $80 million deal they negotiated with Metropolitan Life Insurance Co. to end a class action claiming the company violated federal benefits law by investing policyholders' benefits in its own accounts.

  • November 19, 2019

    Biz Groups Back US Bank In Supreme Court Pension Fight

    Big-business interests are assembling behind U.S. Bank in its Supreme Court fight to limit ERISA class actions against corporate pension plans, with a pair of free-market law firms and three lobbying groups filing amicus briefs in the case Monday and Tuesday.

  • November 19, 2019

    US Can't Hear Nissan Ex-CEO Pay Scandal Suit, Court Told

    Nissan Motor Co.'s embattled former chairman and the automaker's current top brass maintained Monday that U.S. courts don't have jurisdiction to hear a Michigan pension fund's securities fraud suit claiming the ex-chairman's alleged financial misconduct in Japan blew back on investors.

  • November 19, 2019

    Ex-Jones Day Secretary Slams Attempt To Ax Disability Claim

    A former Jones Day secretary is claiming she did not simply rely on her own descriptions of her symptoms to justify why she should qualify for long-term disability benefits, pushing back against an insurance company's argument that a Tennessee federal court should toss her claims.

  • November 19, 2019

    GreatBanc Says Chemonics ESOP Suit Can't Be Expanded

    GreatBanc urged an Illinois federal judge Tuesday to deny a former Chemonics worker's request to amend his suit challenging the oversight of his employee stock ownership plan’s $216 million purchase of Chemonics stock, saying the deadline for introducing new allegations had passed.

  • November 19, 2019

    Ashurst Gives Primary Caregivers 18 Weeks Of Paid Leave

    Ashurst LLP on Tuesday announced that it is revamping its parental leave policy worldwide, offering at least 18 weeks of fully paid leave to primary caregivers while also allowing them to take an additional 34 weeks of unpaid leave.

  • November 18, 2019

    Multiemployer Program Doing Worse Than Ever, PBGC Says

    A government program that pays 1.5 million retired union workers' pensions is now $65.2 billion in the hole, continuing a trend that has been visible for more than a decade but marking a new low, the Pension Benefit Guaranty Corp. announced Monday.

  • November 18, 2019

    Worker Says PDQ Execs Used Kwik Trip Sale To Snatch $12M

    A former PDQ Food Stores Inc. employee hit GreatBanc Trust Co. and four PDQ ex-executives with a proposed ERISA class action in Wisconsin federal court Friday, alleging the former company leaders used PDQ's 2017 sale to Kwik Trip Inc. to pay themselves $12 million while GreatBanc stood by and watched.

  • November 18, 2019

    Bernstein Litowitz Scores Lead In Boeing Max Stock-Drop Suit

    Bernstein Litowitz Berger & Grossmann LLP will lead a proposed class of investors accusing Boeing of hiding safety problems in its grounded 737 Max jets and sending the company’s stock price plummeting, according to an Illinois federal court order on Friday.

  • November 18, 2019

    High Court Won't Hear NY Driver's Unemployment Pay Dispute

    The U.S. Supreme Court declined Monday to hear an appeal by a New York paratransit driver who claimed he shouldn't be on the hook for taxes owed on unemployment insurance he failed to report because he never received the money.

  • November 18, 2019

    Kaiser Can't Deny Anorexia Treatment Coverage, 9th Circ. Told

    A California man has urged the Ninth Circuit to revive his proposed class action claiming Kaiser Foundation Health Plan Inc. unlawfully refused to cover out-of-network residential treatment for his anorexia, saying the plan’s “crisis-driven” approach to mental health care is at odds with federal benefits law.

  • November 15, 2019

    White House Floats Price Transparency Rule For Health Plans

    The Trump administration proposed a rule Friday that would require health insurance plans to publicize their in-network and out-of-network rates and post cost-sharing information online by request.

  • November 15, 2019

    Feds Can't Enforce 'Public Charge Rule' Amid 4th Circ. Appeal

    A Maryland federal judge has rejected the Trump administration's request to allow a rule penalizing immigrants for using public assistance programs to proceed, finding that the government is unlikely to win its Fourth Circuit appeal.

Expert Analysis

  • The Art Of Drafting Executive Employment Agreements: Part 1

    Excerpt from Lexis Practice Advisor
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    When constructing executive employment agreements, employers and executives often clash, but reviewing both perspectives can help shape a contract that smartly accommodates both parties' interests, says Mark Poerio at The Wagner Law Group.

  • Warren Bill Presents Powerful Headwinds For Private Equity

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    If passed, Sen. Elizabeth Warren's private equity reform bill would protect companies being purchased by private equity, but impose significant restrictions on funds by eliminating the liability shield and favorable tax treatment they currently enjoy, say Jon Brose and Kevin Neubauer at Seward & Kissel.

  • 4 Duty-To-Monitor Takeaways For Fiduciaries In ERISA Ruling

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    A Pennsylvania federal court's recent opinion in Scalia v. WPN provides guidance on the duty of Employee Retirement Income Security Act fiduciaries to monitor their service providers, an issue that has been largely unexplored in other cases and lacks regulatory guidance from the U.S. Department of Labor, say Charles Kelly and Michael Joyce at Saul Ewing.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Justices Mull Interplay Of ERISA, Securities Laws In IBM Case

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    At recent U.S. Supreme Court arguments in IBM v. Jander, the justices grappled with the Employee Retirement Income Security Act’s difficult application and its intersection with federal securities laws in considering whether plan fiduciaries must disclose inside information about publicly traded companies, say attorneys at King & Spalding.

  • NJ Tax Talk: Benefits Case Advances Spousal Liability Relief

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    Under New Jersey law a taxpayer is liable for a spouse’s understatement on a joint return, but a recent U.S. Tax Court opinion offers hope that innocent spouse relief may become available as a court-fashioned remedy, say Jennifer Lota and Melanie Lupsa of Cole Schotz.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • How Calif. Public Agencies Can Reform Pension Benefits

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    Despite constitutional, statutory and labor relations restrictions, public agencies still have several options to address unfunded liabilities in the California Public Employees' Retirement System ahead of a possible recession, say Che Johnson and Lars Reed at Liebert Cassidy.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • 2 Del. Decisions Call Out Conflicted Controlling Stockholders

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    In Tornetta v. Musk and the BGC Partners Derivative Litigation, the Delaware Chancery Court has reaffirmed that concerns over controlling stockholders may be valid even when the controller didn't intend to exercise coercive influence, independent directors negotiated a transaction, or stockholders approved the transaction, say attorneys at Fried Frank.

  • Calif. Labor Law For Cannabis Cos. May Be Unconstitutional 

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    A California bill enacted this month that forces state cannabis companies to sign so-called labor peace agreements with unions could be seen as at odds with the National Labor Relations Act and thus unconstitutional under U.S. Supreme Court labor jurisprudence, says Keahn Morris of Sheppard Mullin.