Benefits

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    55K Labcorp 401(k) Participants Seek Class Cert. In NC

    Tens of thousands of participants in a 401(k) plan for Labcorp employees asked a North Carolina federal court on Friday to certify the claims in their benefits lawsuit, arguing they had claims common and typical to warrant certification.

  • March 01, 2024

    Fla. Officials Say Better Process Wouldn't Stop Medicaid Cuts

    Florida health officials have urged a federal judge to toss a proposed class action brought by residents who argued state agencies cut their Medicaid coverage without proper notice, saying whatever notice the agencies might have provided, it wouldn't have made any difference in the residents' eligibility.

  • March 01, 2024

    Printing Co. Strikes Deal To End Ex-Employees' 401(k) Suit

    A Minnesota printing company has agreed to end a proposed class action alleging it unlawfully kept high-priced investment options in its employee 401(k) plan when cheaper alternatives were available, a group of former employees told a federal court.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    DC Circ. Enforces UAW Bargaining Order With Auto Parts Co.

    The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.

  • March 01, 2024

    Atty Censured Over Conduct In NFL Concussion MDL

    A Pennsylvania federal judge has rejected objections from a law firm and its principal and affirmed a special masters' determination that the attorney be censured for engaging in "questionable behavior" while trying to secure monetary awards for clients from the NFL players' concussion injury litigation settlement.

  • March 01, 2024

    Aon, Transport Co. To Pay $9M To End Workers' ERISA Suit

    A transportation company and its investment consultant will foot a $9 million bill to end a class action accusing them of running afoul of federal benefits law by replacing investment options in the company's retirement plan with subpar funds, according to a filing in Ohio federal court.

  • March 01, 2024

    18-Year Ogletree Shareholder Named ERIC Legal Group Head

    A longtime Ogletree Deakins Nash Smoak & Stewart PC shareholder has left the firm for a role as executive director of the ERISA Industry Committee's Legal Center, the group announced Friday.

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Real Estate Tech Co. Opendoor Beats Investor Suit, For Now

    Real estate marketplace giant Opendoor Technologies Inc. has beaten, for now, a suit accusing it of misleading investors about its artificial-intelligence-powered algorithm and ability to remain profitable, with an Arizona federal judge ruling that many of the challenged statements in the suit are not actually false or misleading.

  • February 29, 2024

    Duke Can't Escape Retiree's Mortality Data Lawsuit

    Duke University can't toss a retiree's suit alleging it underpaid former employees millions by using outdated mortality data to calculate their retirement benefits, a North Carolina federal judge said Thursday, ruling that the former worker put forward enough detail showing she was harmed.

  • February 29, 2024

    Insurance Co. Settles Mass. Worker's Long COVID Suit

    Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.

  • February 29, 2024

    Aetna Asks Judge To Force Arbitration In Aramark ERISA Feud

    Aetna Life Insurance Co. says Aramark Services Inc. and its affiliated employee health plans ignored arbitration requirements in their contract when they filed a lawsuit in Texas accusing Aetna of mismanaging Aramark's health insurance claims, and has asked a Connecticut federal court to force the parties to arbitration there.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    Abortion Coverage Remains Steady Post Dobbs, Survey Says

    Abortion coverage has not been significantly rolled back from the nation's largest employer-sponsored health insurance plans since the U.S. Supreme Court overturned Roe v. Wade in 2022, according to a Thursday brief from the Kaiser Family Foundation.

  • February 28, 2024

    SEC Taps Agency Vet To Lead Adviser, Fund Rulemaking Unit

    The U.S. Securities and Exchange Commission announced Wednesday that an agency veteran currently serving as deputy director of the examinations division will be the new head of its investment management division, which oversees the regulation of investment advisers, mutual funds and certain private fund operators.

  • February 28, 2024

    Musk, Ex-Twitter Staff Fail To Reach Deal In Severance Dispute

    Settlement talks between X Corp., formerly known as Twitter, and a group of former employees have fallen apart, the parties told a Delaware federal judge on Wednesday, asking the judge to lift a stay in their dispute over severance compensation.

  • February 28, 2024

    Tilray Can't Get Exec's $4M Arbitration Award Tossed

    Cannabis company Tilray Brands Inc. can't evade a nearly $4 million arbitration award to a former executive it fired, a federal judge ruled, saying the company's arguments for why the Washington district court should have jurisdiction over a Minnesota arbitration are "wrong on all counts."

  • February 28, 2024

    Save Mart Retirees Add To Nonunion Health Benefits Suit

    Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.

  • February 28, 2024

    Pilots Say Airline Shorted Servicemembers' 401(k) Funds

    A discount airline unlawfully failed to contribute to employees' retirement funds when they were on military leave despite repeatedly being told about the oversight by pilots and their union, according to a proposed class action in Minnesota federal court.

  • February 28, 2024

    8th Circ. Axes Federal Mine Agency's Win In Pay Bias Row

    A unanimous Eighth Circuit panel tossed a Federal Mine Safety and Health Review Commission ruling that a cement company discriminated against a worker by cutting bonuses she was to receive for helping federal inspectors at a mine, saying Wednesday the cut was not motivated by bias.

Expert Analysis

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

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    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • SEC's Life Sciences Actions Utilize Novel Tools And Theories

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    Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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