Benefits

  • July 19, 2019

    Cancer Center Ch. 11 Reopened, But Not For Antitrust Fight

    A New York bankruptcy judge told cancer treatment center chain 21st Century Oncology he won’t reopen its Chapter 11 case for the purpose of quashing the antitrust claims of a group of its former doctors and the indemnification claims of its ex-CEO.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    BCBS Loses Bid To Toss Mental Health Coverage Class Action

    A Bay State federal judge on Friday shot down a bid by Blue Cross Blue Shield of Massachusetts to kill a proposed class action brought by parents who say the insurer wrongly refused to cover certain residential mental health treatments for adolescents.

  • July 19, 2019

    Trump Admin's Short-Term Insurance Rule Survives Challenge

    A Washington, D.C., district judge granted the federal government a quick win on Friday in a legal challenge to a rule allowing Americans to use short-term health insurance plans, which skirt certain Affordable Care Act requirements, for three years instead of one.

  • July 19, 2019

    Trump Labor Pick Scalia Seen As Deregulatory Force

    Years spent challenging rules issued by the U.S. Department of Labor and other federal agencies have made Gibson Dunn & Crutcher LLP attorney and George W. Bush DOL veteran Eugene Scalia — the president’s planned pick to helm the DOL — a lean, mean, deregulating machine.

  • July 19, 2019

    Anti-Tax Group Defends Challenge To Calif. Auto-IRA Program

    An anti-tax group urged a California federal judge not to toss its challenge to a state program that automatically funnels a portion of private sector workers' earnings into individual retirement accounts unless they opt out, arguing the program is preempted by federal benefits law.

  • July 19, 2019

    Federal Tax Policy To Watch In The 2nd Half Of 2019

    Congress will have little time to pursue tax-related legislation during the second half of 2019, with an August recess and the looming 2020 election season vying for lawmakers’ attention. Here, Law360 previews the most pressing federal tax legislation to watch for during the rest of the year.

  • July 19, 2019

    Ogletree Adds Hinshaw ERISA Litigator In Orange Co.

    Ogletree Deakins Nash Smoak & Stewart PC has expanded its ranks in Orange County, California, by bringing on a veteran Employee Retirement Income Security Act litigator from Hinshaw & Culbertson LLP. 

  • July 18, 2019

    Warren Buffett-Backed Insurer To Pay $3M To End NY Probe

    A workers' compensation insurer owned by Warren Buffett's Berkshire Hathaway has agreed to pay $3 million to end an investigation by New York's Department of Financial Services into the alleged sale of unauthorized insurance products, the agency announced Thursday.

  • July 18, 2019

    Trump To Nominate Gibson Dunn's Scalia For Labor Secretary

    President Donald Trump said Thursday he plans to tap Gibson Dunn & Crutcher LLP partner Eugene Scalia to be secretary of the U.S. Department of Labor, replacing the outgoing Labor chief Alexander Acosta.

  • July 18, 2019

    Warren Attacks PE Firms For 'Legalized Looting' With New Bill

    Sen. Elizabeth Warren, D-Mass., called for greater regulation of private equity firms Thursday with legislation intended to quell what she dubbed the “legalized looting” of portfolio companies.

  • July 18, 2019

    CVS Says It's 'Impossible' To Tell Who's In Price-Gouging Suit

    CVS urged a Rhode Island federal judge not to certify classes of insured health plans claiming the company conspired with pharmacy benefits managers to overcharge them for generic drugs while secretly offering discounts to cash-paying customers, saying the fraud classes are undefinable.

  • July 18, 2019

    Mitchell Silberberg Nabs Hollywood Labor Pro From Manatt

    Mitchell Silberberg & Knupp LLP has snagged the former chair of Manatt Phelps & Phillips LLP’s entertainment and media practice, who handles everything from discrimination and federal benefits law matters to negotiations with Hollywood guilds for the Oprah Winfrey Network and the Netflix series “House of Cards.”

  • July 18, 2019

    Robins Kaplan Beats Benefit Plan Trustees' Medical Bill Suit

    A Minnesota federal judge has tossed a suit filed by trustees of a multiemployer fringe benefit plan seeking reimbursement for medical expenses from a plan participant and his legal counsel Robins Kaplan LLP, saying the suit was short on details.

  • July 18, 2019

    Fiat Chrysler Exec Says Withheld Pay Suit Belongs In Court

    Fiat Chrysler's head of U.S. sales has told a Michigan federal judge he never agreed to arbitrate his claim the automaker slashed his compensation in retaliation for his participation in a U.S. Securities and Exchange Commission investigation, insisting his suit should play out in court.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Boeing, Plan Participants Want Stock-Drop Case Paused

    Boeing and a group of participants in its retirement plan want a federal court to temporarily halt a stock-drop suit over the company's supposed knowledge of safety problems with its 737 Max jets until the U.S. Supreme Court decides a similar suit brought by IBM workers who claim their retirement savings shouldn't have been parked in overvalued IBM stock.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Norcross Firm Slams NJ Tax Breaks Report As 'Fatally Flawed'

    An employee benefits firm linked to New Jersey political power broker George E. Norcross III blasted a state task force's assertion that billions of dollars in tax breaks unduly favored Camden-area companies, calling the effort an “all-out attack,” “self-serving,” and “poor and fatally flawed.”

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Troutman Sanders Adds 3 K&L Gates Benefits Attys In NC

    Three longtime benefits attorneys made the jump from K&L Gates LLP to Troutman Sanders LLP this month, accepting partnerships in the employee benefits and executive compensation practice area and desks at Troutman's growing Charlotte, North Carolina, office.

  • July 17, 2019

    High Court Should Take ERISA Preemption Case, Insurers Say

    A pair of health insurers accused of misrepresenting their health plans have asked the U.S. Supreme Court to resolve whether three Montana businesses' state-law fraud claims are preempted by federal benefits law, saying a Ninth Circuit decision letting the claims proceed deepens a circuit split.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • A Guide To Prepping For Dallas Paid Sick Leave Requirements

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    Dallas' paid sick leave law — set to take effect in August — leaves many employer questions unanswered. But with the compliance deadline approaching quickly, employers shouldn't wait for the city to sort out details, say Felix Digilov and Amy Strauss at Fisher Phillips.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • New HRA Regulations Are Welcome, But Watch For Pitfalls

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    New regulations have expanded the use of health reimbursement accounts by allowing reimbursements for individual market insurance premiums. These new accounts bring potential for missteps under the Employee Retirement Income Security Act and the Affordable Care Act, say attorneys at Proskauer.

  • Patchwork Of Broker Conduct Regs Complicates Compliance

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    Until challenges to the U.S. Securities and Exchange Commission's newly adopted Regulation Best Interest play out in court, broker-dealers can reconcile conflicting state and federal standards of conduct by complying with the most restrictive applicable regulatory requirements, say Ghillaine Reid and Kurt Wolfe of Troutman Sanders.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • How The IRS Would Replace The 1 Bad Apple Rule

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    The IRS proposal last week to replace the potentially onerous “one bad apple rule,” under which a compliance failure by one participant in a multiple employer benefit plan could bring sanctions down upon all, makes sense by eliminating a tax-qualification Catch-22, says Daniel Morgan of Blank Rome.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • The Issues Holding Up Retirement Reform

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    In May, an overwhelming House majority passed the SECURE Act, a bill to reform the retirement system driven largely by concerns about increased life expectancy. Despite bipartisan Senate support and a White House endorsement, disagreements over certain provisions have slowed further progress, says Elliot Dinkin of Cowden Associates.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Responding To PBGC Termination Of Benefit Plan: Part 3

    Excerpt from Lexis Practice Advisor
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    Matthew Whitehorn and Stephanie Searles Vogel at Dilworth Paxson outline how administration of a financially troubled defined benefit pension plan is transitioned to the Pension Benefit Guaranty Corporation following involuntary termination.