Benefits

  • March 22, 2024

    Congress Spares Employee Benefits From $400M DOL Cut

    A commitment from Congress to keep funding level for the U.S. Department of Labor's sub-agency that oversees employee benefits despite a $400 million agency-wide cut was one of the highlights for benefits attorneys in a new fiscal year 2024 spending deal. Here are three takeaways from attorneys on the funding agreement.

  • March 21, 2024

    Chemours Faces Investor Suit Over Alleged Exec Misconduct

    Chemical company The Chemours Co. and four of its current and former executives face claims they hurt investors by manipulating a certain financial metric so the executives might receive greater compensation under the company's incentive plans.

  • March 21, 2024

    Sen. Warren Wants SEC To Probe Musk Control Of Tesla Board

    Sen. Elizabeth Warren, D-Mass., urged the U.S. Securities and Exchange Commission on Thursday to investigate whether Tesla's board of directors is independent from CEO Elon Musk, saying recent reports suggest the billionaire controls the board for his personal benefit.

  • March 21, 2024

    Cigna Slams Suit's Claims Of Algorithm-Led Coverage Denials

    Insurance giant Cigna Group wants a Connecticut federal court to toss a proposed class action alleging that an algorithm unlawfully rejected hundreds of thousands of claims en masse and without a proper review, arguing the suit is based on a "misleading" news article and shows a misunderstanding of the health insurer's claim denial process.

  • March 21, 2024

    6th Circ. Revives McKee's Network Plan Fight With Thrifty Med

    The Sixth Circuit reinstated on Thursday McKee Foods Corp.'s suit against Thrifty MedPlus Pharmacy alleging Tennessee law requiring pharmacy benefit managers to let "any willing pharmacies" participate in a network was preempted by the Employee Retirement Income Security Act, finding that amendments made to the statute didn't render McKee's claims moot.

  • March 21, 2024

    Defendants Cut As Ex-NFL Pros' Benefits Suit Moves Forward

    A Maryland federal judge has let NFL officials off the hook in a lawsuit that alleges the league's disability plan incentivizes doctors to deny claims regardless of evidence, while declining to dismiss the complaint entirely.

  • March 21, 2024

    Healthcare Co. Beats Suit Over TDF Funds' Performance

    A California federal judge granted a win to a healthcare company and its investment adviser in a class action challenging what former workers claim are shoddy target-date-funds included in the company's 401(k) plan, saying the funds at issue performed better than comparable investments.

  • March 21, 2024

    DOL Urges 5th Circ. To Back Biden Admin. ESG Investing Rule

    The U.S. Department of Labor urged the Fifth Circuit on Thursday to uphold a rule allowing retirement advisers to consider social issues such as climate change when choosing investments, arguing that conservative states challenging the rule haven't shown it defies federal benefits law.

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 21, 2024

    EBSA Gets Level Funding Of $191.1M In Spending Deal

    Spending leaders in the House and Senate agreed Thursday to provide $191.1 million in fiscal year 2024 for the U.S. Department of Labor's sub-agency overseeing employee benefits, a level that's identical to what lawmakers agreed to last fiscal year.

  • March 21, 2024

    Salesforce Can't Ax Vast Class Suit Over 401(k) Management

    Salesforce must face a class action comprising up to 50,000 employees alleging the company allowed its 401(k) plan to be filled with expensive and poorly performing investment options, a California federal judge ruled, finding the workers provided enough evidence to proceed to trial.

  • March 21, 2024

    'Sibling Squabbles' At NJ Law Firm Sent Back To State Court

    A woman formerly employed as an administrator at her sister's New Jersey law firm won her bid to have her suit alleging an anticipatory breach of her retirement plan and retaliatory firing sent back to state court this week.

  • March 21, 2024

    Government Contractor Wants Out Of Exit Pay Suit

    A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    UK Pension Fraud Fund To Pay Out £416M To Victims By 2026

    The U.K.'s pension lifeboat scheme said Wednesday it expects to pay up to £416.7 million ($530 million) in compensation to members of pension schemes that have been hit by scams.

  • March 20, 2024

    Health And Safety Top Risk For Directors, Global Survey Says

    Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.

  • March 20, 2024

    SEC Proxy Roundup: Verizon, UPS Escape ESG Proposals

    Verizon and UPS may exclude from their proxy statements shareholder proposals on social policy and climate change matters, according to U.S. Securities and Exchange Commission staff, who also denied various other requests from corporations looking to escape separate social and politics-related proposals.

  • March 20, 2024

    Kirkland, Simpson Rep $1.2B Sale Of Alight's Payroll Biz

    H.I.G. Capital on Wednesday agreed to pay up to $1.2 billion for Alight Inc.'s payroll, professional services and human capital management business, which counts online HR portal Workday among its partners, in an agreement steered by respective legal advisers Kirkland & Ellis and Simpson Thacher.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Minn. BCBS Wants Toss Of DOL's $66.8M Tax Liability Suit

    An insurance company is urging a Minnesota federal judge to toss a U.S. Department of Labor suit alleging the company improperly collected at least $66.8 million in state tax liability from plans it administered to pay in-network providers, arguing plans allowed the practice and participants weren't injured.

  • March 19, 2024

    Kellogg Arbitration Pact Is Invalid, 6th Circ. Told In 401(k) Fight

    A former Kellogg Co. employee urged the Sixth Circuit to reinstate his lawsuit accusing the company of up-charging retirement plan participants with excessive fees, saying the case was wrongly booted to arbitration without his consent.

  • March 19, 2024

    NBA Fraudster Dodges Prison After Cooperation, Testimony

    A former NBA shooting guard avoided prison Tuesday for participating in a $5 million retiree healthcare fraud scheme after Manhattan federal prosecutors lauded his assistance and testimony at a trial this past fall.

  • March 19, 2024

    EV Charging Biz Pitches $400K Ch. 11 Staff Retention Plan

    Charge Enterprises Inc., a company that builds electric vehicle charging stations and other infrastructure, has urged a Delaware bankruptcy judge to let it offer about $400,000 in bonuses to keep a dozen employees the firm deemed critical during its Chapter 11 case.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Asset Manager Considerations For Soliciting Calif. Pensions

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    With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Why It's Time To Regulate Plan Data As An Asset

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    With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue

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    The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • $735M Tesla Settlement Drives Home Lessons For Boards

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    As one of the largest settlements of its kind, the recent $735 million deal between Tesla and 11 nonemployee directors highlights the increased scrutiny placed on compensation practices and director independence, and provides further caution to members of boards and their compensation committees, say attorneys at Cleary.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • 2nd Circ. Goldman Ruling May Hinder Securities Classes

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    The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

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