Benefits

  • February 21, 2020

    Opioid Cos. Must Face Benefit Plans' Suit In MDL

    The Ohio federal judge overseeing the opioid multidistrict litigation allowed union benefit plans to go forward with their suit alleging that opioid companies created a public nuisance, finding that they claim injuries different from the harm to health and safety suffered by the general public.

  • February 21, 2020

    Hilton Retirees Defend Bid For Class Cert. In Pension Suit

    A group of Hilton retirees on Friday asked a D.C. federal judge to certify a class in their suit claiming they were cheated out of pension benefits through improper vesting rules, saying the hotel chain resorted to "the Rule 23 equivalent of schoolyard name-calling" in its opposition.

  • February 21, 2020

    IRS Proposes Rules On Permitted Meal Expense Deductions

    The Internal Revenue Service clarified Friday that certain meals paid for separately from business entertainment activities can be deductible in proposed regulations to aiming to implement changes to the treatment of business entertainment expenses made in the 2017 federal tax overhaul.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    ERISA Doesn't Preempt Hotel Benefits Ordinance, Seattle Says

    The city of Seattle has urged a Washington federal judge to throw out the ERISA Industry Committee's challenge to a city ordinance meant to ensure hotel workers have access to affordable health care, saying the group was trying to use ERISA "for its own ends."

  • February 21, 2020

    Mass. Securities Chief Sets Up State Rules, Blasting SEC Regs

    Massachusetts' top securities cop sharply criticized U.S. Securities and Exchange Commission broker standards as he announced Friday that the Bay State will implement its own conduct rules that are stricter than those set forth by the federal government.

  • February 21, 2020

    Anheuser-Busch Wants Out Of 'Reflexive' Shareholder Suit

    Anheuser-Busch InBev SA/NV and two of its executives are seeking to end a proposed securities class action alleging fraud over a proposal to lower dividend payments to shareholders, telling a New York federal judge that such lawsuits are predictable, but that this one failed to show the beer company actually misrepresented anything.

  • February 21, 2020

    Late Sportscaster's Ex-Wife Ends Benefits Suit Against Disney

    The ex-wife of the late ESPN sportscaster Stuart Scott has agreed to end her suit in Connecticut federal court against The Walt Disney Co. and Fidelity Workplace Services LLC seeking nearly $163,000 in 401(k) plan benefits she said she was promised in a divorce decree.

  • February 21, 2020

    Eye On ERISA: A Q&A With Proskauer's Myron Rumeld

    Myron Rumeld, the co-chair of Proskauer Rose LLP's employee benefits and executive compensation group, shared his expectations for a U.S. Supreme Court term packed with Employee Retirement Income Security Act cases and his thoughts on the biggest unresolved questions in ERISA litigation in an exclusive interview with Law360. 

  • February 20, 2020

    TransDigm Defeats Investor Suit Over Alleged Price-Gouging

    An Ohio federal judge ruled Wednesday that investors in TransDigm Group Inc. had fallen short in asserting securities claims against the aerospace manufacturing company for allegedly inflating profits by gouging the U.S. government.

  • February 20, 2020

    Ex-Raydon Worker's 'Animus' No Bar To Cert. In ESOP Suit

    A Florida magistrate judge recommended Thursday that an ex-Raydon employee be allowed to lead a class action suit over a $60.5 million employee stock ownership plan transaction, rejecting arguments that certification should be denied because of the worker’s “extreme personal animus.”

  • February 20, 2020

    Ex-Pfizer VP Owed No Warning On Pension Tax, Fidelity Says

    Fidelity did no wrong by not telling a former Pfizer executive he would owe taxes on a retirement payment he couldn’t roll over and should be dismissed from his suit claiming fiduciary duty breaches, Fidelity recently told a federal court.

  • February 20, 2020

    9th Circ. Won't Revive RICO Suit Over Atty Referral Scheme

    A Ninth Circuit panel has found that a lower court did not err when it tossed an attorney's racketeering lawsuit against a group of competing lawyers, saying Robert Ozeran was not a direct victim of the group’s alleged multimillion-dollar workers' compensation insurance referral scheme.

  • February 20, 2020

    Ex-NJ Pol Gets 2nd Shot At Pension After Corruption Plea

    A New Jersey appeals court on Thursday revived a former politician's push to collect a pension, ruling that a corruption charge stemming from his position as Jersey City council president doesn’t necessarily bar him from collecting benefits earned through other public jobs.  

  • February 20, 2020

    Huntington Ingalls Can't Shake Mortality Rate ERISA Suit

    Huntington Ingalls must face a proposed class action from retired shipbuilders who accuse the company of using outdated mortality rates to short them on pension benefits, a Virginia federal judge has ruled.

  • February 20, 2020

    Data Co. Calls DOL Opinion On Health Plan 'Unlawful'

    The U.S. Department of Labor was wrong to say that ERISA doesn't cover a health plan a data company offered to "partners" who were paid for sharing their personal information, the company told a Texas federal judge, warning that the agency's finding spells doom for a plan that covers more than 50,000 people.

  • February 20, 2020

    Barrack, Bernstein Will Lead Energy Transfer Stock-Drop Suit

    A Pennsylvania federal court has tapped Barrack Rodos & Bacine and Bernstein Litowitz Berger & Grossmann LLP to be lead counsel in a proposed class action against a pipeline company whose stock dropped on news of a federal bribery investigation.

  • February 19, 2020

    DST Wants 401(k) Participants' Attys DQ'd In ERISA Fight

    DST Systems Inc. has urged a New York federal judge to disqualify four law firms from representing the company's 401(k) plan participants in their legal challenges to its plan management practices, saying the firms have a conflict of interest because they also represent former plan advisers.

  • February 19, 2020

    Lehman Trustee Asks Judge To Toss 3rd Try At Deferred Pay

    The Chapter 11 trustee for Lehman Brothers Inc. asked a New York bankruptcy judge Wednesday to toss the third attempt by a group of former executives to claim $300 million in deferred pay, saying they are wrong on the law and too late with their arguments.

  • February 19, 2020

    Emory Workers Denounce School's Expert In ERISA Feud

    A class of Emory University workers claiming the school squandered their retirement savings is urging a federal judge to block the testimony of one of the school's expert witnesses, arguing she wasn't qualified to offer her opinion on what reasonable prices retirement plans should pay for record-keeping services.

  • February 19, 2020

    Best Buy Settles Proposed Class Action Over COBRA Notices

    Best Buy has settled a proposed class action in Florida federal court claiming the retailer sent former workers "confusing and incomplete" COBRA notices instead of using a model form created by the U.S. Department of Labor in an apparent attempt to save money.

  • February 19, 2020

    Nissan's Fugitive Ex-Chief Wants US Pay Scandal Suit Tossed

    The embattled former chief of Nissan argued Tuesday that U.S. courts lack jurisdiction to hear a Michigan pension fund’s securities fraud suit that claims his alleged financial misconduct in Japan blew back on investors — and his fugitive status doesn't change that.

  • February 19, 2020

    Delta Can't Escape ERISA Suit Over Pension Cuts

    A Minnesota federal judge refused to toss a suit accusing Delta Air Lines Inc. of violating ERISA by cutting ex-employees' retirement benefits because they received lump-sum payments to settle workers' compensation claims, saying the airline's interpretation of their pension plan was at odds with its language.

  • February 19, 2020

    RV Co. Execs Lose Bid To Exit Suit Over $105M ESOP Deal

    An Arizona federal judge has refused to let a recreational vehicle business's officers dodge the U.S. Department of Labor's suit alleging the company's workers grossly overpaid for their employer's stock in a $105 million deal, finding the agency adequately backed up its argument that the executives knew the transaction flouted federal benefits law.

  • February 19, 2020

    PwC Looks To High Court After 2nd Circ. Revives ERISA Suit

    PricewaterhouseCoopers LLP said Tuesday it will ask the U.S. Supreme Court to reverse its Second Circuit loss in an ERISA dispute over the extent of judges’ authority to oversee benefit plan reforms, despite resistance from a 17,000-strong class of PwC retirees who say there's no circuit split to iron out. 

Expert Analysis

  • Timely Qualified Plan Adoption Still Tricky After SECURE Act

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    The recently enacted Setting Every Community Up for Retirement Enhancement Act includes a helpful extension of the annual deadline to adopt a new qualified plan, but there is still complexity in documenting for the IRS when the plan was put in place, says Daniel Morgan at Blank Rome.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • The 3 SECURE Act Issues Plan Sponsors Should Review First

    Excerpt from Lexis Practice Advisor
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    There are several provisions of the recently enacted Setting Every Community Up for Retirement Enhancement Act that defined contribution plans should be thinking about now, even though many of the law’s big-ticket changes are not effective until 2021, say Casey Fleming and Hannah Demsien at Foley & Lardner.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • FINRA's Changes To New-Issue Sales, Distribution Practices

    Excerpt from Lexis Practice Advisor
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    Recently effective changes to the Financial Industry Regulatory Authority's initial equity public offering sales and distribution rules introduce new considerations for exempt investors, the types of securities offerings subject to the rules, and the types of investors broker-dealers can sell to, say Anna Pinedo and Ali Perry at Mayer Brown.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • 5 Executive Compensation Considerations For Proxy Season

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    Companies preparing their 2020 proxy statements should keep several compensation plan and disclosure issues in mind on the heels of recent say-on-pay and executive remuneration policy updates from Institutional Shareholder Services and Glass Lewis, say attorneys at Pillsbury.

  • 3 Employee-Friendly Updates In NY’s 2021 Budget Proposal

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    Reflecting an aggressive effort to pass pro-employee laws, several provisions in New York’s 2021 budget proposal would expand paid sick leave benefits, increase disclosure requirements for state contractors, and alter classification standards for gig economy workers, say attorneys at Morgan Lewis.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • What To Consider Before Using A Global Noncompete: Part 2

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    In the final installment of this article, Joseph Deng and Loic Coutelier at Baker McKenzie analyze how the enforcement of noncompete and nonsolicitation agreements differs from region to region in Europe, the Americas and Asia.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

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    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • What To Consider Before Using A Global Noncompete: Part 1

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    In the first installment of this two-part article, Joseph Deng and Loic Coutelier at Baker McKenzie show there is no simple answer to whether or how multinational companies should impose employee noncompete agreements, and share the factors to examine before doing so.

  • 4 Problems With NJ Sick Leave Law Regulations

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    The New Jersey Department of Labor and Workforce Development’s recently finalized regulations for the state’s straightforward Earned Sick Leave Law unnecessarily extend coverage, complicate calculations, increase employer costs, and may conflict with federal labor and benefits laws, says Jed Marcus at Bressler Amery.

  • New SEC Committee Shows More Interest In Biz Than Regs

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    At the inaugural meeting of its Asset Management Advisory Committee, the U.S. Securities and Exchange Commission focused on trends in the investment advisory industry — rather than regulation — showing the agency wants to better understand the business activities it is charged with overseeing, say Steven Lofchie and Danielle Wheeler at Cadwalader.

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