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Benefits

  • March 21, 2019

    $240M Wells Fargo-Investor Deal Missing Key Factor: Judge

    A California federal judge on Wednesday told investors he needed more information to evaluate their proposed $240 million settlement with Wells Fargo & Co. executives over how the bank's fabricated accounts scandal affected its reputation, finances and stock prices.

  • March 21, 2019

    17 Alleged Misstatements Cut From Dr. Reddy’s Investor Suit

    A New Jersey federal judge told a pension fund on Wednesday that it only has standing to pursue securities claims against Dr. Reddy's for five alleged misstatements it made immediately prior to the fund's purchase of the pharmaceutical company's stock.

  • March 21, 2019

    5th Circ. Seeks Texas High Court Take On Dallas Pension Plan

    The Fifth Circuit has asked the Texas Supreme Court to analyze whether changes in the way retirees can access money from certain deferred accounts they hold as part of the Dallas Police and Fire Pension System flouted the state’s constitution.

  • March 21, 2019

    Retirees' Win Nixed In Honeywell Early Retirement Row

    An Eighth Circuit panel on Thursday handed Honeywell International Inc. a win in a proposed Employee Retirement Income Security Act class action, giving the company the go-ahead to cut off health care benefits for a group of Minnesota workers who retired before age 65.

  • March 21, 2019

    CenturyLink 401(k) Plan Members Get Another Shot At Suit

    A proposed class of participants in a CenturyLink 401(k) plan were given another shot at suing the company over claims it unwisely chose and then failed to monitor a poor investment option for the plan when a Colorado federal judge allowed them to file an updated suit.

  • March 21, 2019

    Ky. AG Wants Answers On Possible PBM Overcharges

    Kentucky's attorney general on Thursday announced that his office will take a hard look at whether pharmacy benefit managers have been charging commonwealth health insurance programs too high a price for prescription drugs, making it the latest agency to probe the PBM industry.

  • March 21, 2019

    Union Pension Fund Keeps $3.2M ERISA Award At 6th Circ.

    Bourdow Contracting Inc. is on the hook for a $3.2 million payment to a union pension fund after the Sixth Circuit ruled Thursday that the Michigan business was the alter ego of another company that had pulled out of the fund.

  • March 21, 2019

    Mass Tort Firm's 401(k) Plan Participant Defends Class Claims

    An Andrus Wagstaff PC retirement plan participant has argued in Ohio federal court that she should be able to join with other plan participants as a class to sue the national mass tort law firm and Nationwide Life Insurance Company over allegedly exorbitant plan fees.

  • March 21, 2019

    Kraft Execs Knew Stock Due For A Fall, ERISA Suit Claims

    Kraft Heinz Food Co. executives knew the company’s stock was overvalued before revelations of a $15.4 billion writedown and a U.S. Securities and Exchange Commission probe caused the stock to plummet, retirement plan participants have claimed in an Employee Retirement Income Securities Act suit.

  • March 21, 2019

    Blackstone-Backed HR Provider Alight Hits Pause On IPO

    The Blackstone Group-backed human resources and benefits coordinator Alight Inc. said it will hold off on moving forward with an anticipated initial public offering that could have seen the company bring in approximately $752 million.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Raydon Workers Fight Bid To Nix Suit Over $60.5M Stock Sale

    Raydon Corp. workers want a Florida federal judge to preserve a lawsuit accusing two executives of selling company stock to the employee retirement plan for the inflated price of $60.5 million, urging the judge Tuesday to torpedo a bid from the bank that oversaw the stock sale to toss the proposed class action.

  • March 20, 2019

    Former NBA Player Loses Bid For Additional Pension Benefits

    It's too late for a former Seattle Supersonics player to allege that the NBA Players' Pension Plan shorted him on retirement benefits by not properly accounting future cost of living increases into his 10-year pension plan, a New York federal judge ruled Wednesday.

  • March 20, 2019

    Dental Supply Co. Must Face Price-Fixing Suit, Investors Say

    A proposed class of Patterson Cos. Inc. investors has asked a Minnesota federal judge not to toss their suit accusing the dental supply company of working with competitors to fix dental supply prices, saying a Federal Trade Commission investigation gave them enough evidence to back up the case's claims.

  • March 20, 2019

    Pension Plan Lobbying Is Gov't Speech, Ill. Judge Finds

    An Illinois federal judge tossed a local engineering union's suit over investments by the pension fund for Illinois municipal workers, finding Tuesday that the fund's money-placing decisions — even to organizations the union finds objectionable — are governmental speech that couldn't have violated the union members' First Amendment rights, if they can be considered speech at all.

  • March 20, 2019

    Justices' Input Needed In ERISA Preemption Fight, Ark. Says

    Arkansas again urged the U.S. Supreme Court to consider whether the Employee Retirement Income Security Act preempted a state law regulating pharmacy benefit managers' drug reimbursement rates, rebutting arguments that the case wasn't a good instrument for addressing the issue.

  • March 19, 2019

    Lexmark Can't Shake Stock-Drop Suit Over Inventory Glut

    A New York federal judge declined Lexmark's bid to dismiss a stock-drop lawsuit from investors, saying the shareholders have adequately alleged the computer printer maker withheld that it was flooding its international market with products that distributors had a hard time unloading.

  • March 19, 2019

    ‘In A Timely Manner’: Three Decades Of Judgeship Bills

    Partisanship has played a large role in the small passage rate of new judgeship bills since 1990. New judgeships create new vacancies, and neither party wants to give the other the upper hand.

  • March 19, 2019

    From Showdowns To Hotlines, Frazzled Judges Get Creative

    Using magistrate hotlines, “showdown” hearings and extra mediation, many courts with heavy dockets have pioneered methods for moving cases along. But not every program succeeds, and the techniques have their detractors.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • An Employment Lawyer's Guide To M&A Due Diligence

    Excerpt from Lexis Practice Advisor
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    In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

  • Liability For CEO Misconduct Expands After #MeToo

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    The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Student Loan Repayment Relief Is Sound Fiscal Policy

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    Legislation currently making its way through Congress, expanding the tax exclusion for employer-provided educational assistance to include student loan payments, would assist millions of Americans with the cost of higher education and benefit the economy as a whole, says David Mark at LendKey Technologies Inc.

  • The Post-Cyan­ Spike In State Securities Act Filings

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    One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.