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Benefits

  • May 17, 2019

    Widower Wrongfully Denied Husband's Pension, 9th Circ. Says

    The Ninth Circuit cleared the way for a widower to receive spousal pension benefits on Thursday, saying a lower court was wrong to deny him benefits on the grounds that the couple were domestic partners when the man’s late husband retired.

  • May 17, 2019

    Gov't Must Provide Info In Challenge To 2-For-1 Rule Order

    The D.C. federal judge presiding over public interest groups' challenge to President Donald Trump's executive order requiring that for every new regulation, two rules must be eliminated, said Friday that federal agencies must do a better job complying with discovery.

  • May 17, 2019

    IRS Can't Use Law To Force Health Plan Penalty Payment

    The Internal Revenue Service can’t use the Anti-Injunction Act to dodge an injunction preventing it from collecting payments from employers whose health plans fail to cover birth control, a North Dakota federal court has ruled.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    8th Circ. Won't Rehear Honeywell's Retiree Health Care Win

    The Eighth Circuit has rejected Honeywell retirees' request to revisit a March panel ruling that gave Honeywell a green light to cut off health care benefits for workers who retired before they turned 65 years old.

  • May 17, 2019

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

    This past week has seen a Kazakhstan lender file fraud claims against a dissolved London-based business, a Dubai airport security equipment company sue Barclays, and Yamaha's motorcycle business file claims against a German insurer. Here, Law360 looks at those and other new claims in the U.K.

  • May 16, 2019

    Blood Clot Drug Buyers Must Redo Class Cert. Bid

    Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • May 16, 2019

    Del. High Court Turns Down Challenge To Equus Stock Plan

    The Delaware Supreme Court on Thursday stood by a Chancery Court ruling that investment company Equus Total Return satisfied its duty to inform stockholders about a stock incentive plan, refusing to give new life to a proposed class action claiming Equus kept investors in the dark.

  • May 16, 2019

    Schwab Leans On Lamps Plus In Push To Sink 401(k) Class

    The U.S. Supreme Court's recent Lamps Plus Inc. ruling supports Charles Schwab Corp.'s argument that class arbitration is off the table for workers claiming the money manager used its 401(k) plan as a cash cow, Schwab told the Ninth Circuit on Wednesday.

  • May 16, 2019

    Ex-NFLers Lose Bid To Overturn Tighter Concussion Rules

    Attorneys for the thousands of retired NFL players covered by the league's landmark concussion settlement suffered a bruising defeat on Thursday when the Pennsylvania federal judge overseeing the program denied their bid to overturn new, restrictive medical rules that many view as a gift to the NFL.

  • May 16, 2019

    Fee Bid Was Within Precedent In ERISA Suit, 11th Circ. Told

    A woman in a benefits dispute with Liberty Life Assurance Co. of Boston told the Eleventh Circuit on Wednesday she can't be subject to sanctions for seeking attorney fees after losing the case because her suit raised significant questions of law under the Employee Retirement Income Security Act.

  • May 16, 2019

    Investors Fight Papa John's Bid To Ditch Stock-Drop Suit

    A proposed class of investors on Wednesday asked a New York federal court not to let Papa John's International Inc.'s founder and its CEO escape their suit over a stock drop following the discovery of a "shockingly lewd" workplace culture cultivated by the pizza empire and its two top executives.

  • May 16, 2019

    Eye On ERISA: A Chat With Seyfarth's Practice Chairs

    The co-chairs of Seyfarth Shaw LLP's ERISA and employee benefits litigation practice, Kathleen Cahill Slaught and Ian Morrison, said in an exclusive interview with Law360 that they're keeping an eye on the fallout from the Third Circuit's University of Pennsylvania decision and litigation involving anti-assignment provisions in health plans and second-level plan fees.

  • May 16, 2019

    SEI Investments Strikes Tentative Deal To End ERISA Suit

    SEI told a Pennsylvania federal court that it has agreed to a settle a proposed Employee Retirement Income Security Act class action accusing the financial services company of packing its 401(k) plan with company-affiliated funds that performed poorly for investors but generated a landslide of fees.   

  • May 15, 2019

    Netflix Wants To Keep Hiding Info In Suit Over $27M Bonuses

    Netflix wants to continue shielding information that a shareholder says could save a legal challenge to the media giant’s alleged practice of rigging executive bonuses, telling a California judge on Tuesday that the information is protected by attorney-client privilege.

  • May 15, 2019

    NJ Justices To Mull Workers’ Comp Time Limit For Doctors

    The New Jersey Supreme Court has taken up a case in which a lower court found medical providers have six years to seek payment for treating patients in workers’ compensation cases rather than the two years that injured workers have to pursue related claims.

  • May 15, 2019

    Weatherford Investors Say Disclosure Suit Rooted In Texas

    Weatherford International Ltd. shareholders told a Texas appellate court Wednesday that their derivative lawsuit alleging directors of the oil and gas services company lied in financial disclosures belongs in Texas because that's where the forms were signed.

  • May 15, 2019

    7th Circ. Troubled By Short Discovery In Church Plan Case

    A Seventh Circuit panel on Wednesday raised concerns about a district court's decision to throw out claims that OSF HealthCare System misused the Employee Retirement Income Security Act's church exemption without allowing more time for pertinent discovery.

  • May 15, 2019

    Investment Firm Can't Shake Ex-Exec's Hacking Claims

    A former investment management executive accusing his ex-firm of hacking his home computer caught a break in New York federal court, with a judge saying the privacy-related claims differentiate the suit from a related action he recently dismissed.

  • May 15, 2019

    Feds Fight Oregon's Bid To Join ACA Birth Control Injunction

    The federal government, a Catholic charity and an anti-abortion organization have argued in California federal court that Oregon shouldn't be included in the scope of an injunction blocking Trump administration carveouts to the Affordable Care Act's birth control mandate.

Expert Analysis

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Opinion

    Calif. Fair Pay Law Is Unfair To Startup Founders

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    It's time for legislatures and courts to recognize the unfair burden the California Fair Day’s Pay Act has placed on company leaders — like founders of California startups — by holding them liable for failure to pay wages, say David Siegel and Mital Mikada of Grellas Shah.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • Activist Investors And The Evolving Role Of Directors

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    Recent developments between Arconic and activist investor Elliott exemplify the need for directors to be more informed and involved on the day-to-day operations of a company — and less reliant on, and more skeptical of, management, say Morton Pierce and Michelle Rutta of White & Case.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • Defending Securities Act Claims In Texas State Court: Part 3

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    Litigating federal Securities Act class actions in Texas state courts is still a new frontier in the wake of the U.S. Supreme Court's 2018 Cyan decision. In the final part of this series, attorneys at Haynes and Boone discuss class certification defenses and obtaining early summary judgments.

  • Opinion

    Ill. Workers' Comp Bill Should Not Apply Retroactively

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    Pending legislation in Illinois would let workers file suit against former employers for asbestos-related illnesses after they are no longer eligible to bring workers’ compensation claims. If the bill becomes law, defense counsel must be prepared to argue that its retroactive application would be unconstitutional, says William Irwin of Segal McCambridge.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.