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Benefits

  • November 13, 2018

    Nine West Gets OK To Solicit Votes On Ch. 11 Plan

    Nine West Holdings Inc. received New York bankruptcy court approval Tuesday to solicit votes from creditors on its plan to reorganize in Chapter 11 while certain stakeholders maintain that the fashion company's proposal to settle potential fraudulent transfer claims against owner Sycamore Partners is woefully inadequate.

  • November 13, 2018

    Seattle Says Industry Group's ERISA Suit Is Off The Mark

    The city of Seattle has further urged a federal judge to toss the ERISA Industry Committee’s attempt to scrap a revised section of the city’s municipal code governing hotel employee health benefits, hitting back at the argument that the ordinance is preempted by the Employee Retirement Income Security Act.

  • November 13, 2018

    Chevron Defeats Bid To Revive ERISA Suit At 9th Circ.

    The Ninth Circuit on Tuesday refused to revive a proposed Employee Retirement Income Security Act class action accusing Chevron Corp. and an investment committee of mismanaging workers’ retirement funds, holding that the plan participants leading the suit didn’t sufficiently support their allegations.

  • November 13, 2018

    High Court Won't Touch Honeywell Retiree Benefits Battle

    The U.S. Supreme Court said Tuesday it won't hear a group of retirees' challenge to a Sixth Circuit opinion that found Honeywell International Inc. didn't owe them lifetime health care benefits.

  • November 13, 2018

    Simpson Thacher Leads Johnson Controls In $13.2B Unit Sale

    Johnson Controls, advised by Simpson Thacher & Bartlett LLP, said Tuesday it will sell its power solutions business for $13.2 billion to Brookfield Business Partners LP and other investors, as the technology and industrial company looks to cut noncore assets and improve its financial position.

  • November 12, 2018

    Ex-AIG Staff Could Win $100M After High Court Bonus Ruling

    A London court has ruled that 23 former executives at AIG are entitled to deferred bonuses pre-dating the financial crisis that could be worth more than $100 million despite the units' involvement in the risky trading that nearly brought down the insurance giant.

  • November 9, 2018

    Wisc. Agency Appeals In Trans State Workers' Coverage Suit

    A Wisconsin agency has appealed to the Seventh Circuit a ruling blocking the state from excluding gender-confirming medical care from state employees' health coverage and entering jury awards in favor of two transgender workers at the University of Wisconsin who were denied such care.

  • November 9, 2018

    Tesla's $55B Musk Pay Deal Unfair, Investor Tells Chancery

    A 10-year Tesla compensation plan offering founder and CEO Elon Musk as much as $55.8 billion cannot avoid Delaware Chancery Court’s tough entire fairness review standards, despite director claims that more-permissive standards apply, an investor who challenged the deal argued Friday.

  • November 9, 2018

    Ex-Liddle Partner Looks To Exit Equal Pay Suit

    A former partner at Liddle & Robinson LLP has told a New York federal court that he should be cut from another former partner’s $23 million equal pay suit against the firm, arguing that she has not made a valid case against him and that her claims would be time-barred even if she had.

  • November 9, 2018

    Treasury Proposes Rules For 401(k) Hardship Distributions

    Employees no longer will be restricted from contributing to their retirement plans after taking out funds during times of hardship, under new regulations that the U.S. Department of the Treasury proposed Friday.

  • November 9, 2018

    Options Broker Must Stay In TIAA-Led Class In Valeant Suit

    An options brokerage can’t break away from a consolidated securities class action against Valeant Pharmaceuticals, a New Jersey federal judge ruled after finding that it was too early to tell whether the firm’s interests would diverge from the larger pool of equity investors led by TIAA.

  • November 9, 2018

    Schwab Wants ERISA Claims Over 401(k) Plan Nixed Again

    Charles Schwab & Co. Inc. told a California federal judge that the participant leading a proposed Employee Retirement Income Security Act class action against the company failed to remedy deficiencies in his breach of fiduciary and monitoring duty allegations, urging the judge to again toss the claims.

  • November 9, 2018

    SandRidge Energy, Founder Duck ERISA Suit

    An Oklahoma federal judge has agreed to let SandRidge Energy Inc., its founder and a trustee of a 401(k) plan dodge an Employee Retirement Income Security Act suit that claimed SandRidge's stock was kept as a plan investment choice even as the stock slumped.     

  • November 9, 2018

    Adventist Health Says ERISA Underfunding Suit Still Fails

    Adventist Health System has urged a Florida federal judge to toss a proposed class action accusing the health care system of underfunding its retirement plans in violation of the Employee Retirement Income Security Act, arguing that the participant leading the suit failed to fix its flaws.

  • November 9, 2018

    'Church Plan' Cases After Advocate Health: A Cheat Sheet

    More than a year after the U.S. Supreme Court extended the Employee Retirement Income Security Act's religious exemption to benefit plans maintained by church affiliates, lower courts continue to grapple with exactly what the ruling means for so-called church plans.

  • November 8, 2018

    Columbia Retirement Plan Suit To Go Forward As Class Action

    A New York federal judge on Thursday certified a class of roughly 24,000 participants in two Columbia University retirement plans in a suit accusing the university of allowing the plans to pay excessive record-keeping fees and failing to remove bad investments from their lineups.

  • November 8, 2018

    Trustee Gripes Add To Nine West's Bankruptcy Woes

    The federal bankruptcy watchdog blasted Nine West Holdings Inc.'s Chapter 11 proposal on Wednesday over a perceived lack of detail on crucial provisions, a move that comes as a growing chorus of creditors has vehemently rejected the plan's linchpin, a $105 million settlement with Nine West owner Sycamore Partners.

  • November 8, 2018

    Deals Rumor Mill: Home Partners, Denel, Wells Fargo

    Home Partners of America is considering going public, Saudi Arabia lobbed a $1 billion offer to ink a partnership with Denel, and Wells Fargo is considering selling off its retirement plan services unit.

  • November 8, 2018

    NY Judge Confirms Tops' $455M Chapter 11 Reorg Plan

    A New York bankruptcy judge Thursday approved Tops Market LLC's $455 million Chapter 11 reorganization, overriding objections by the federal bankruptcy watchdog to the plan's third-party liability releases.

  • November 8, 2018

    Shutterfly Unit Dodges Suit Over Employee Stock Plan

    A Shutterfly-owned photography company won’t have to face current and former employees’ claims that they lost millions from the mismanagement of their employee stock ownership plan after a Minnesota federal judge ruled the workers didn’t show the company breached its Employee Retirement Income Security Act duties.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • An Update On Enforcing Arbitration Of ERISA Claims

    Dylan Rudolph

    When are fiduciary breach claims under the Employee Retirement Income Security Act susceptible to arbitration? Dylan Rudolph and Brian Murray of Trucker Huss APC discuss the state of the law and offer thoughts on certain elements that plan sponsors should consider.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • Addressing Workplace Misconduct With Exec Compensation

    Excerpt from Lexis Practice Advisor
    John Utz

    Compensation committees may find value in reflecting a new public attitude toward workplace sexual misconduct in the structure of their companies’ executive pay programs. John Utz of Utz & Lattan LLC discusses how employers can design compensation packages to discourage or censure such misconduct.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.