Benefits

  • March 05, 2021

    Judge Won't Freeze Pollock Cohen Funds In Ex-Atty's Pay Suit

    A federal judge said Friday he had no power to freeze Pollock Cohen LLP's assets for a lawsuit filed by a former attorney seeking a slice of settlements reached by the firm in his cases after he was let go.

  • March 04, 2021

    Wells Fargo Fights Bid To Reveal Atty Docs In Stock-Drop Row

    Wells Fargo has urged a California federal court overseeing a putative securities fraud class action to reject a request by investors that the bank reveal communications it had with Gibson Dunn, arguing that the documents are protected by attorney-client privilege.

  • March 04, 2021

    US Trustee Says Alpha Media Ch. 11 Plan Too Rushed

    The Office of the U.S. Trustee objected Thursday to the proposed Chapter 11 disclosure statement of radio station owner Alpha Media Holdings, telling a Virginia bankruptcy court that the plan doesn't provide enough time for parties to file objections.

  • March 04, 2021

    Insurer Can Resume Stock Overvaluation Suit Coverage Row

    A Michigan federal judge ruled on Thursday that Great American Fidelity Insurance Co. can restart its bid to dodge coverage of a lawsuit accusing advisory firm Stout Risius Ross of faulty stock valuations, reasoning that the stock suit has been reduced to just one claim that's ineligible for coverage.

  • March 04, 2021

    NH High Court Says Insurers Must Cover Workers' Medical Pot

    New Hampshire's state workers' compensation insurers must reimburse eligible patients for their prescribed medicinal marijuana treatments, the state's Supreme Court ruled this week.

  • March 04, 2021

    2nd Circ. Reverses Arbitration Of Ruane ERISA Suit

    A split Second Circuit panel on Thursday allowed a DST Systems Inc. worker to bring his proposed ERISA class action against Ruane Cunniff & Goldfarb Inc. in court, overturning a lower court's decision that an agreement the worker signed compelled him to arbitrate his challenge to the benefit plan administrator's conduct.

  • March 04, 2021

    Del. Justices Affirm Morris James' Softball Injury Suit Escape

    The Delaware Supreme Court on Wednesday affirmed a lower court decision that let Morris James LLP off the hook for a paralegal's claims that the firm retaliated against him for filing a workers' compensation claim over an injury he suffered while playing for its softball team.

  • March 03, 2021

    5th Circ. Mulls Need For HHS Transgender Bias Rule Appeal

    Three Fifth Circuit judges questioned Wednesday whether there's any live controversy before them in an appeal in which a Catholic health care system claims a lower court didn't go far enough in striking federal anti-sex discrimination provisions protecting transgender people and abortion recipients.

  • March 03, 2021

    Class Certification Granted In Ga. Stock Devaluation Case

    A Georgia federal judge has certified a class of current and former workers at a mechanical engineering company who say its managers illicitly devalued staff-owned stock shares and bled off dividends.

  • March 03, 2021

    Del. Justices Probe 'Red Flags' In MetLife Stockholder Suit

    A Delaware Supreme Court panel pressed attorneys for MetLife Inc. stockholders Wednesday on when directors might be liable for neglected "red flag" warnings against sweeping up unclaimed retirement annuities after wrongly presuming a beneficiary's death, and whether the neglect amounted to bad faith by the company's board.

  • March 03, 2021

    High Court Eyes Lack Of Regs In Social Security Judge Battle

    U.S. Supreme Court justices appeared skeptical Wednesday of the Social Security Administration's claim that benefit applicants must abide by an unofficial ban on raising arguments in court that weren't made first at the agency, as the government defended a ruling that shut down a challenge to agency judges' appointments.  

  • March 03, 2021

    1st Circ. Backs Bakery Win In Ex-Worker's Disability Suit

    The First Circuit upheld a bakery's victory in a suit by a worker who said he was fired after returning from leave following a knee replacement, saying the ex-employee hadn't done enough to rebut the company's claim that he was fired for coming back too late.

  • March 02, 2021

    Aussie Bank Westpac Inks $25M Deal In Rate-Rigging Suit

    Australian bank Westpac has agreed to a $25 million deal settling claims that it conspired with a cabal of banking institutions to rig the price of derivatives based on an Australian foreign exchange benchmark.

  • March 02, 2021

    $81.2B Rescue For Union Pensions Greenlit For COVID-19 Bill

    A Senate official has confirmed that Congress can include a fix for the $81.2 billion union pension funding crisis in its coronavirus relief bill, which is moving through Congress via a special fast-tracked process reserved for budget-related legislation.

  • March 02, 2021

    Judge Gives Nod To $5.75M Ex-Norton Workers' ERISA Deal

    A Kentucky federal judge gave tentative approval Monday to a $5.75 million settlement in an Employee Retirement Income Security Act suit brought by former Norton Healthcare Inc. workers, who claimed the company's multimillion-dollar employee retirement plan had unnecessarily high fees and poor investment offerings.

  • March 02, 2021

    Tying Executive Bonuses To Diversity Is Gaining Momentum

    Linking executive compensation to achieving diversity and inclusion goals is an increasingly attractive option for companies in 2021, as corporate giants such as McDonald's and Starbucks have blazed a trail by tying executive bonuses to hitting diversity benchmarks, and pressure from investors and changes to federal executive pay rules have changed the landscape as well.

  • March 02, 2021

    Consumers Want Court OK For $104M Deal With Chicken Cos.

    A group of consumers has asked an Illinois federal judge for early approval of a $104 million settlement with four poultry producers to resolve claims they engaged in a long-term scheme to fix prices for broiler chickens.

  • March 02, 2021

    Ex-Jones Day Attys Can't Seek Early Win On Retaliation Claim

    Two married former Jones Day associates suing over the firm's parental leave policy won't be able to notch a win ahead of discovery on a subset of their retaliation claims, after a D.C. federal judge concluded Tuesday that the plan would be inefficient.

  • March 02, 2021

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

    State leaders enhanced their vaccination efforts this past week as cases and hospitalizations declined, leading to additional sites in Florida and Illinois and initiatives to reach underserved communities in Massachusetts and New York.

  • March 02, 2021

    Uber, Lyft Drivers Navigate 1st Circ.'s Arbitration Queries

    Uber and Lyft drivers took their battle for employee status to the First Circuit on Tuesday, asking the court to block the companies from using arbitration as an escape hatch from litigation challenging the classification of drivers as independent contractors.

  • March 01, 2021

    ERISA Group Asks 9th Circ. To Scrap Seattle Benefits Law

    The ERISA Industry Committee urged the Ninth Circuit on Monday to find that a Seattle ordinance requiring large hotels to pay workers for health care coverage is preempted by federal law, arguing that the ordinance isn't merely "wage-like" because it requires a new system to dole out differing payment amounts based on marital status and family size.

  • March 01, 2021

    Fiat Chrysler Pleads Guilty In UAW Corruption Case

    Fiat Chrysler formally pled guilty Monday in Michigan federal court to conspiring to violate federal labor law by giving millions of dollars in illegal payments and gifts to senior United Auto Workers officials to curry favor during collective bargaining.

  • March 01, 2021

    Fired King & Spalding Atty Gets Tentative June Trial Date

    A former King & Spalding LLP attorney who claims he was fired for raising ethical concerns could bring his case before a Manhattan federal jury as early as June, a judge said Monday, though coronavirus restrictions could further delay the case.

  • March 01, 2021

    J&J Brushes Off ERISA Suit Over Asbestos In Baby Powder

    Johnson & Johnson has defeated accusations of jeopardizing its workers' retirement security by hiding the presence of asbestos in its baby powder, with a New Jersey federal judge axing a proposed ERISA class action claiming the company's actions cost its employee stock ownership plan millions of dollars.

  • March 01, 2021

    Corp. Tax Hikes In Virus Bill Could Preview Dems' Playbook

    A push by Democrats to reverse corporate tax cuts to partly finance the House-passed pandemic response package could become a blueprint for paying for future Democratic priorities, including permanent tax cuts for families.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • How New Mass. Family Leave Interacts With Existing Laws

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    As Massachusetts employers consider employee requests for benefits under the state's recently effective paid parental and family leave program, they must also evaluate how the law intersects with other leave requirements, such as the federal Family and Medical Leave Act and the Massachusetts Parental Leave Act, says Stéphanie Smith at Casner & Edwards.

  • Tax Takeaways From India's Proposed Budget

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    Consultants at Deloitte discuss the tax implications of India's latest budget proposals, including the potential benefits for foreign portfolio investors and offshore funds migrating to India's new international financial services center, and the possible rise of M&A costs.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • A Possible Solution To ERISA's Records Retention Burden

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    Recent U.S. Department of Labor guidance will be helpful in reuniting lost participants with their benefits under the Employee Retirement Income Security Act, but with records retention remaining a hurdle, plan administrators and participants sharing in the responsibility may be the answer, say attorneys at Michael Best.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • New ERISA Ruling May Cut Claimants' Timeliness Guesswork

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    An Illinois federal court's recent ruling in Hewitt v. Lincoln Financial offers new clarity on the statute of limitations for filing a benefit claim lawsuit under the Employee Retirement Income Security Act — a welcome development given uncertainty following the U.S. Supreme Court's 2013 ruling in Heimeshoff v. Hartford Life, says Mark DeBofsky at DeBofsky Sherman.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

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