Benefits

  • September 23, 2019

    HHS Can Force Drug Prices In TV Ads, DC Circ. Hears

    A D.C. federal judge erred badly by striking down a new requirement for drugmakers to disclose product prices in television advertisements, the U.S. Department of Health and Human Services told the D.C. Circuit on Monday.

  • September 23, 2019

    Litigation Funder Turns Up Heat On Concussion Deal Judge

    Litigation funder Thrivest claims the federal judge overseeing the concussion settlement is ignoring a Third Circuit ruling that overturned her decision to void hundreds of loans, and in a highly unusual move, the funder has asked the appellate court to step in and force her hand.

  • September 23, 2019

    De Blasio Proposes Universal Retirement Savings Plan In NYC

    New York City Mayor Bill de Blasio on Monday proposed a plan that would automatically enroll private sector workers in the Big Apple who don't have retirement plans in an individual retirement account by the end of 2021. 

  • September 23, 2019

    Home Depot Can't Flee 401(k) Suit, But Financial Advisers Can

    Home Depot can’t escape a proposed class action accusing it of mismanaging its 401(k) plan, but two financial advisers the retailer worked with can, a Georgia federal judge has ruled.

  • September 23, 2019

    Top Dems Urge Delay Of Benefits Agency's Restructuring

    The top Democrats on Congress' retirement-related committees want the Employee Benefits Security Administration to postpone an impending reorganization that they fear would shift power to political appointees, according to a letter the lawmakers released Monday.

  • September 23, 2019

    Schwab 401(k) Fight Belongs In Court, AARP Tells 9th Circ.

    AARP asked the Ninth Circuit to rethink sending to arbitration a former Charles Schwab worker's proposed class action alleging that Schwab mismanaged its 401(k) plan, saying the decision could strip workers of ERISA protections and undermine millions of Americans' financial security.

  • September 23, 2019

    AMC Must Face Trimmed Stock-Drop Suit Over Acquisitions

    AMC Entertainment Holdings Inc. must face the majority of shareholders' proposed class claims that the company misled investors about a trio of major acquisitions ahead of its secondary public offering, a New York federal judge has ruled. 

  • September 23, 2019

    Ohio Hospital Beats DaVita's Dialysis Coverage Suit

    A federal judge has thrown out DaVita Inc.'s lawsuit claiming an Ohio hospital's health benefit plan improperly reimburses dialysis providers at a lower rate than other types of providers, rejecting the health care giant's argument that the plan is biased against enrollees with end-stage renal disease.

  • September 23, 2019

    Nissan, Ex-CEO Pay SEC $16M To End Compensation Claims

    Nissan Motor Co. Ltd. and its former CEO Carlos Ghosn agreed Monday to pay $15 million and $1 million, respectively, to settle U.S. Securities and Exchange Commission claims related to the alleged concealment of more than $140 million in retirement compensation.

  • September 20, 2019

    Challenge To Musk's $55B Pay Package Beats Dismissal Bid

    Delaware's Chancery Court on Friday allowed a proposed class of Tesla Inc. stockholders to go forward with most of their challenge to the approval of a 10-year compensation plan for CEO Elon Musk that's worth up to $55 billion.

  • September 20, 2019

    What Benefits Attys Need To Know About DOL Nominee Scalia

    Gibson Dunn & Crutcher’s Eugene Scalia has handled some closely watched ERISA suits, helping Walmart ax a state health care law and defending the University of Southern California against accusations it mismanaged its retirement plan. Here's what benefits lawyers need to know about the labor secretary nominee's record and what he might do if appointed.

  • September 20, 2019

    Buyers Win Class Cert. In Blood Clot Drug Monopoly Suit

    A Tennessee federal judge on Friday certified a class of thousands of Lovenox buyers in a suit from a Nashville hospital and a union health plan accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • September 20, 2019

    Similarities To MIT 401(k) Case 'Superficial,' Ivies Insist

    The Massachusetts Institute of Technology's failed bid for an early exit from an Employee Retirement Income Security Act suit should not doom efforts by Cornell and Columbia to escape retirement plan mismanagement suits, the Ivy League schools told a New York federal court.

  • September 20, 2019

    Ex-NFL Player Says He Filed ERISA Suit Before Clock Ran Out

    A former NFL player has shot back at a federal magistrate judge’s recommendation calling to spike his proposed class action claiming players weren’t properly informed about their retirement benefits, arguing his claim that he and others hadn’t been provided adequate information about their retirement plan terms was filed on time.

  • September 20, 2019

    Judge Sinks Most Of Maritime Law Firm's Suit Against BCBS

    A Louisiana federal judge has tossed all but one claim in a New Orleans law firm’s suit alleging Blue Cross and Blue Shield of Louisiana wrongly denied continued inpatient treatment to the child of two of the firms’ members in violation of the Employee Retirement Income Security Act.

  • September 19, 2019

    Manufacturing Cos. Fight Lifetime Health Benefits For Retirees

    Two Illinois manufacturers urged the Seventh Circuit on Thursday to reverse a lower court's ruling reinstating two retirees' collectively bargained health benefits for life, saying the district court's "flawed approach" rendered a termination clause in their contract meaningless.

  • September 19, 2019

    Class Cert. Denied In ERISA Suit Against Tort Firm 401(k) Plan

    An Andrus Wagstaff PC 401(k) plan participant can't turn her Employee Retirement Income Security Act suit into a class action accusing Nationwide of intentionally overcharging the law firm's plan for record-keeping services, an Ohio federal judge ruled Thursday, saying her class definitions were overbroad.

  • September 19, 2019

    Overfunded Plans Can Face ERISA Suits, Feds Tell High Court

    The Employee Retirement Income Security Act allows for claims against pension plans that are overfunded, the federal government told the U.S. Supreme Court, weighing in on a battle between U.S. Bank and retirees looking to revive their suit against a plan that's now in the black. 

  • September 19, 2019

    Tinder Founder Paid Off Witnesses In $2B Suit, Match Says

    Match Group Inc. is accusing Tinder founder Sean Rad and his “litigation funder” of paying off witnesses for their support of his $2 billion suit against Match and its parent company, according to a series of filings unsealed in New York state court on Thursday.

  • September 19, 2019

    Attys Clash In Del. Over Lead In Expedia Merger Class Suit

    Friedlander & Gorris PA and Prickett Jones & Elliott PA were among the firms in Delaware Chancery Court on Thursday vying to lead stockholder litigation over alleged director duty breaches in Expedia Group's $2.6 billion acquisition of Liberty Expedia Holdings, a stalemate that will see a vice chancellor decide between the complaints and strategies.

  • September 19, 2019

    DOL Nominee Scalia Calls 'Fowl' On Democrat Critics

    Will Gibson Dunn & Crutcher LLP attorney Eugene Scalia, who has spent much of his career representing businesses, be an effective advocate for workers if confirmed as head of the U.S. Department of Labor? Ask the chicken processors he scored a $10 million settlement for when he worked in George W. Bush's DOL, the nominee said at his confirmation hearing Thursday. 

  • September 19, 2019

    ERISA Suit Over DST's 401(k) Plan Management Is Trimmed

    A New York federal judge has tossed claims that DST Systems Inc. flouted the Employee Retirement Income Security Act by letting the company's 401(k) plan pay excessive fees and keep poorly performing investments in a suit that also alleges certain plan assets were unwisely concentrated in Valeant stock.

  • September 19, 2019

    Charter Beats Time Warner Workers' Vacation Pay Suit

    A California federal judge has axed a proposed class action brought on behalf of more than 8,000 former Time Warner Cable employees claiming Charter Communications shorted them on vacation time following the telecom giants' merger.

  • September 19, 2019

    Bernstein Litowitz, Cohen Milstein To Lead EQT Stock Suit

    Bernstein Litowitz Berger & Grossmann LLP and Cohen Milstein Sellers & Toll PLLC will lead a proposed stockholder class action against EQT Corp. over the company's alleged misrepresentations to investors about the benefits of its 2017 merger with Rice Energy, a Pennsylvania federal magistrate judge said Thursday.

  • September 18, 2019

    Trump's DOL Pick Scalia On The Hot Seat: What To Watch For

    Gibson Dunn attorney Eugene Scalia's work defending companies accused of wrongdoing and challenging regulations meant to shield vulnerable employees has polarized business and worker advocates ahead of Thursday's hearing on his nomination to be the next labor secretary.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

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    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

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    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Insurer Claims-Adjustment Documents Are Often Discoverable

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    Despite insurers' claims to the contrary, a Colorado federal court's recent decision in Olsen v. Owners provides a helpful reminder that claims-adjustment communications and documents often fall well outside the ambit of traditional privilege protections, even when an attorney is involved, say Christopher Sheehan and Jan Larson of Jenner & Block.

  • Calif. Dynamex Law Shifts Employment Landscape Drastically

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    With its hodgepodge carveout of job categories, a law signed Wednesday that codifies the California Supreme Court's worker classification decision in Dynamex is far from clear and will likely result in increased litigation with potentially devastating consequences for noncompliant businesses, says Eve Wagner at Signature Resolution.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • High Court Snub Raises Foreign Issuer Economic Concerns

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    Foreign companies that issue securities stateside may face increased litigation risk in the wake of the U.S. Supreme Court’s denial of certiorari in Stoyas v. Toshiba, increasing the importance of economic considerations, such as price impact, market efficiency and aggregate exposure, say principals at Cornerstone Research.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • ERISA Arbitration In The Wake Of 9th Circ. Schwab Ruling

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    Employee retirement plan sponsors considering the use of arbitration clauses with class action waivers in plan documents following the Ninth Circuit’s ruling in Dorman v. Charles Schwab should first consider the pros and cons of arbitration in the Employee Retirement Income Security Act context, says Chris Meyer at Sidley Austin.

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.