Benefits

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    NFL, Union Seek To Toss Suit Over Changes To CBA Benefits

    The NFL, the players union and the league's retirement plan asked a D.C. federal court to toss a lawsuit from former players who say cuts to the plan's disability benefits approved in the most recent labor agreement left permanently injured players out in the cold, arguing the potential scope of the cuts is not clear and that the league and players are legally allowed to change the terms of the plan.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    Debevoise-Led Blackstone Joins Insurer's $500M Fund Round

    Health insurance company Bright Health said Tuesday it secured $500 million in its latest financing round from investors including funds and accounts advised by Tiger Global Management, T. Rowe Price Associates and Debevoise-advised Blackstone.

  • September 22, 2020

    Daimler $19M Emissions Deal Gets Initial Approval

    A California federal judge on Tuesday granted preliminary approval of a $19 million deal between Daimler AG and its shareholders to settle class action claims that the company used cheat devices to fool emissions tests, inflating its stock and deceiving shareholders.

  • September 22, 2020

    Massive Home Depot 401(k) Class Action Gets Green Light

    The Home Depot Inc. must face a $140 million class action brought in Georgia federal court on behalf of hundreds of thousands of current and former employees who claim the company enlisted 401(k) adviser firms that charged exorbitant fees and botched their investments.

  • September 22, 2020

    Cornell Staves Off Trial With Deal In ERISA Suit

    Cornell University has agreed to wrap up a class action brought by workers who alleged they were saddled with high retirement plan fees and shoddy investment options, but an attorney for the workers vowed Tuesday to press the Second Circuit to revive the bulk of their case.

  • September 22, 2020

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

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Trustee Bristles At New $45M Purdue Bid For Ch. 11 Bonuses

    The Office of the United States Trustee objected Tuesday to a proposed $45 million Chapter 11 bonus plan from bankrupt painkiller maker Purdue Pharma, saying the company has already been approved to pay $38 million in retention and incentive bonuses to employees and the new plan doesn't contain meaningful benchmarks.

  • September 22, 2020

    DOL Proposes Making It Easier To Label Workers Contractors

    The U.S. Department of Labor unveiled proposed regulations Tuesday that would make it easier for companies to classify workers as independent contractors, excluding them from workplace protections like overtime pay and sick leave.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    House Floats Stopgap To Extend Gov't Funding Into December

    House Democrats introduced a bill Monday to fund the federal government through Dec. 11, which would provide special funding for the U.S. Navy's Columbia-class submarine program and extend a program to reimburse federal contractors for COVID-19-related sick leave.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Labor Unions Appeal Akorn's Ch. 11 Plan Confirmation In Del.

    A group of labor unions on Friday appealed biopharmaceutical firm Akorn Inc.'s Delaware Chapter 11 confirmation, arguing the debtors failed to properly evaluate a Chapter 7 liquidation and measures that could potentially lead to monetary recovery for them.

  • September 21, 2020

    Calif. Judge Ships Wells Fargo ERISA Suit To Minnesota

    A California federal judge granted Wells Fargo's bid to transfer a proposed Employee Retirement Income Security Act class action to Minnesota on Monday, holding that a forum selection clause in the bank's 401(k) plan's governing document was valid.

  • September 21, 2020

    Fired Disney Exec Says Severance Denial Violated ERISA

    The Walt Disney Co. violated federal benefits law when it denied severance pay to a vice president who was "erroneously" deemed to have resigned, the former executive said in a lawsuit filed Monday in California federal court.

  • September 21, 2020

    Calif.'s New Virus Laws Will Keep Employers On Their Toes

    California Gov. Gavin Newsom recently signed off on a trio of laws that provide workers with more benefits and protections amid the coronavirus pandemic while creating new requirements for their employers. Here, Law360 looks at three takeaways.

  • September 21, 2020

    Philly Bolsters Paid Sick Leave Requirements Amid Pandemic

    Thousands of Philadelphia workers are now eligible for two weeks of paid sick leave under the Public Health Emergency Leave bill adopted last week, a measure city council members said was necessary to fill gaps left by federal leave laws in the midst of COVID-19.

  • September 21, 2020

    Mutual Of Omaha Reaches $6.7M Settlement In 401(k) Suit

    Mutual of Omaha Insurance Co. has struck a $6.7 million deal with workers and retirees to settle claims it flouted the Employee Retirement Income Security Act by running its retirement plans in a way that allegedly benefited the company more than workers, according to documents filed in Nebraska federal court.

  • September 21, 2020

    United Pilot Urges 7th Circ. To Revive Military Leave Suit

    A United Airlines pilot urged the Seventh Circuit on Monday to revive his lawsuit seeking payment for the short-term leave he takes as a military reservist, arguing the airline should compensate his leave the same way it would compensate jury duty.  

  • September 21, 2020

    Robbins Geller Seeks $11M In Fees For BRF 'Food Fraud' Suit

    A Robbins Geller Rudman & Dowd LLP counsel team wants a little under a third of the $40 million settlement they earned for a proposed class of investors who had accused Brazilian meat and food processing giant BRF SA of fraud and bribery, the firm told a New York federal judge Friday.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • What To Know About DOL's Revamped Virus Paid Leave Rule

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    While the U.S. Department of Labor’s recent revisions to its Families First Coronavirus Response Act paid leave rule reaffirm the agency’s commonsense application of the work availability requirement and carefully balance employer operational needs with worker requests for intermittent time off, legal and practical questions remain, say attorneys at Littler.

  • How The Pandemic Is Changing Stock Volatility Calculations

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    The COVID-19 pandemic is causing changes to beta measurement of stock sensitivity to market movements, and experts face the difficult question of whether to incorporate this changed beta into valuations in litigation, say Andrew Roper at Catalyst Economic Consulting and Clifford Ang at Compass Lexecon.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Employment Concerns For Financial Cos. During COVID-19

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    Susan Eandi and Paul Evans at Baker McKenzie discuss how financial services companies can mitigate risk for certain types of COVID-19 employment lawsuits, and recent pandemic-related guidance from the U.S. Securities and Exchange Commission concerning broker-dealer and investment adviser compliance.

  • How To Calculate Securities Fraud Class Size With SEC Data

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    With COVID-19 expected to spur a surge in lawsuits where shareholders claim they paid inflated prices for securities due to disclosure-related issuer fraud, analysts at the Griffing Group explore a methodology for calculating class sizes using investor filings with the U.S. Securities and Exchange Commission.

  • Gov't Retirement Plans Should Approach ESG Cautiously

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    State and local government retirement plans are exempt from Employee Retirement Income Security Act fiduciary requirements, but plan fiduciaries still need to take precautions when offering environmental, social and governance investments to avoid triggering duty of care concerns, say attorneys at Kutak Rock.

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