Benefits

  • November 28, 2023

    Aetna Wins State Appeal In NJ Benefits Reimbursement Row

    A New Jersey state appeals court dealt another win to Aetna Inc. on Tuesday in a multijurisdictional dispute by a woman claiming the insurer unlawfully demanded reimbursement from proceeds she obtained in her car accident lawsuit, rejecting her claims that Aetna failed to provide the proper paperwork leading to a delayed appeal.

  • November 28, 2023

    Ex-Va. Bank Worker Reaches $6M Deal To End ESOP Suit

    A former bank manager asked a Virginia federal court Tuesday to sign off on a $6 million deal to end her suit accusing her former employer of cheating retirees out of their benefits by draining their employee stock ownership plan for the benefit of bank executives.

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 27, 2023

    Chicken Cos. Urge Justices To Allow Judgment Sharing Deal

    Several poultry producers have told the U.S. Supreme Court there's no need for the justices to review provisions of their judgment sharing agreement related to a lawsuit accusing the companies of fixing the price of broiler chicken, arguing the deal is legally sound and may soon become moot anyway.

  • November 27, 2023

    Now-Certified Class Alleges NH Has Bungled Medicaid Program

    A New Hampshire federal court certified a class of individuals with disabilities Monday in an action claiming that state mismanagement of a Medicaid program has deprived them of necessary and authorized medical services, ruling that the suit has shown enough evidence of specific practices that affect the entire class.

  • November 27, 2023

    SEC Can't Get More Time To Fix 'Defects' In Buyback Rules

    A panel of the Fifth Circuit has denied the U.S. Securities and Exchange Commission's bid for additional time to rework its share-repurchase rules, meaning the agency's new disclosure requirements will remain suspended unless regulators craft a solution by a Thursday deadline.

  • August 10, 2023

    Investor Attys Want $19.2M For $74M Libor-Rigging Deals

    Attorneys representing California State Teachers Retirement System in the Libor-rigging case against several financial institutions asked a New York federal judge for a $19.2 million award for their role in securing several settlements totaling nearly $74 million.

  • November 27, 2023

    Dish Network Can't Ax Majority Of 401(k) Mismanagement Suit

    A Colorado federal judge backed a magistrate judge's call to mostly deny Dish Network's bid to dismiss a lawsuit brought by former employees alleging the company hurt their retirement savings by failing to nix underperforming investments from its plan.

  • November 27, 2023

    Set Designer Says Board Members Must Face Pension Suit

    A set designer urged a California federal court not to throw out her federal benefits lawsuit accusing the board of the Motion Picture Industry Pension Plans of mismanaging its plan, saying she put forward enough detail to keep her allegations against the board's members in play.

  • November 27, 2023

    Catching Up With Delaware's Chancery Court

    Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.

  • November 27, 2023

    Dems' Victory Lap: Michigan's Biggest Legislation Of 2023

    Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.

  • November 22, 2023

    Genentech, 30K-Strong Class Reach Deal In 401(k) Fee Suit

    Genentech and a certified class of over 30,000 members have asked a California federal judge to approve a $250,000 settlement to resolve allegations the biotech company overcharged its employees for 401(k) recordkeeping fees, according to a motion for preliminary approval.

  • November 22, 2023

    School Board Wants NC Justices To Review Pension Ruling

    A North Carolina school board urged the North Carolina Supreme Court on Tuesday to overturn a decision forcing it to pay nearly $200,000 to the state retirement system, arguing that the pension rule the decision is based on was illegally adopted and is being unfairly applied.

  • November 22, 2023

    Teamsters Locals Want Out Of Yellow's Stalled Reorg Suit

    Three Teamsters locals said Yellow Corp. has overblown their roles in a Kansas federal suit alleging the labor groups held up corporate restructuring that cost the trucking business $137 million, arguing Wednesday that the decision-making at issue rests only with the International Brotherhood of Teamsters.

  • November 22, 2023

    Default Order Lifted On Ex-UAW President In Bribery Case

    A Michigan federal judge has lifted an entry of default against a former United Auto Workers president named in a lawsuit former Fiat Chrysler engineers brought related to a union bribery scandal after the official said he did not respond to the complaint because of a mix-up with his attorney.

  • November 22, 2023

    6th Circ. Decision Sidesteps Broader Fight Over IRS Notices

    A Sixth Circuit panel handed the IRS a win with its recent decision finding a lower court overreached by nationally invalidating IRS disclosure requirements on potentially abusive employee benefit trust arrangements, the latest development in a wave of administrative law challenges to IRS notices.

  • November 22, 2023

    Class Counsel Gets $10M From Verizon ERISA Deal

    A New York federal judge has awarded $10 million to attorneys representing a class of Verizon workers suing the telecommunications giant over claims a shoddy investment option lost their 401(k) plan millions of dollars.

  • November 22, 2023

    Retired LAPD Cops Fight To Keep Military Leave Suit In Court

    A group of retired Los Angeles Police Department officers urged a California federal judge to knock down a motion to toss their suit alleging they were denied benefits and promotions for taking military leave, arguing that they've adequately shown they were harmed by the department's policies.

  • November 22, 2023

    Georgia Man Sentenced For Pandemic Unemployment Fraud

    A Georgia man has been sentenced to nearly four years in federal prison for impersonating unemployment applicants to file fraudulent unemployment claims for more than $200,000 in benefits at the height of the coronavirus pandemic, according to a Wednesday press release from federal prosecutors.

  • November 22, 2023

    10th Circ. Reinstates In-Patient Mental Health Coverage Suit

    The Tenth Circuit partially reopened a suit from a health plan participant accusing his insurer of wrongly yanking coverage for his daughter's in-patient care, saying he adequately made a case that the insurer unlawfully administered mental health treatment differently from medical and surgical care.

  • November 21, 2023

    American Airlines 401(k) Participants Seek Cert. Of 100K Class

    Over 100,000 participants in American Airlines' $26 billion 401(k) plan asked a Texas federal judge Tuesday to certify their proposed class action alleging it breached federal benefits law by prioritizing environmental, social and governance factors over financial performance, arguing their losses will be established through common proof.

  • November 21, 2023

    NJ Justices Find Comp Covers Employee's Travel Injuries

    The New Jersey Supreme Court ruled Tuesday a pest-control technician was in the course of employment when he was seriously injured in an accident while driving an employer-owned vehicle to his employer's shop, holding that his injuries are compensable under the state Workers' Compensation Act.

  • November 21, 2023

    PE Firm Faces 2nd Antitrust Suit Over Texas Anesthesia Biz

    New York-based private equity firm Welsh Carson Anderson & Stowe has been hit with new antitrust claims over its Texas anesthesia physicians group, this time by a Houston workers benefit fund in a proposed class action alleging the firm has effectively monopolized hospital anesthesia services in Texas to drive up costs.

  • November 21, 2023

    Hospital Needs To Pay $2M Arbitration Award, SEIU Says

    A health care workers union asked a New York state court to back an arbitrator's finding that a Yonkers, New York, hospital owes about $2 million in missed benefit payments to several funds, after the union claimed the hospital has declined to hand over the money.

Expert Analysis

  • An Informed Guide To Mastering Retirement Plan Forfeitures

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    When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • DOL's Retirement Security Rule Muddies Definitional Waters

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    The latest proposal changing how the Employee Retirement Income Security Act defines "investment advice," which the White House framed as a narrowly tailored regulation, would implement a sweeping regulatory overhaul that changes how the retirement services industry interacts with plans, participants and account owners, says Michael Kreps at Groom Law Group.

  • 9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

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    The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

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