Benefits

  • May 16, 2025

    SEC's Atkins Previews Possible Changes To CEO Pay Rules

    U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.

  • May 16, 2025

    HHS Says Pain Clinic's Delay Hurts $11M Bill Challenge

    The U.S. Department of Health and Human Services on Friday fought a pain clinic's bid in North Carolina federal court for a pretrial win in the clinic's suit challenging $11 million in overpayments for urine drug screening tests, saying the clinic waited too long to bring evidence that the testing was justified.

  • May 16, 2025

    Mich. Judge Gives Final OK To $55M Pandemic Aid Deal

    A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.

  • May 16, 2025

    Intuit Strikes $2M Deal To Wrap Up 401(k) Forfeiture Suit

    Intuit will pay $2 million to end a proposed class action alleging its use of forfeited 401(k) funds to cover employer contributions rather than plan expenses violated federal benefits law, the former employee leading the suit said Friday in California federal court.

  • May 16, 2025

    9th Circ. Upholds California's Employee Classification Test

    California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.

  • May 16, 2025

    Stris & Maher Taps DOL Appellate Chief For ERISA Litigation

    Trial and appellate litigation boutique Stris & Maher LLP has expanded its Employee Retirement Income Security Act litigation practice with the addition of a veteran U.S. Department of Labor attorney.

  • May 16, 2025

    Trucking Co. Worker Says Tobacco Surcharge Violates ERISA

    An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.

  • May 15, 2025

    Lennar Workers Should Arbitrate 401(k) Suit, Judge Says

    Current and former Lennar Corp. employees should have to individually arbitrate a proposed class action claiming the construction company loaded its 401(k) plan with excessive fees and lackluster investment options, a Florida federal magistrate judge recommended, finding the plan's arbitration provision doesn't conflict with federal benefits law.

  • May 15, 2025

    Feds Freeze Parity Enforcement As Agencies Rethink Regs

    Federal agencies said Thursday they will hold off on enforcing a rule requiring employer group health plans to analyze how they restrict coverage for mental health and substance use disorder treatments, citing ongoing litigation aimed at blocking the policy and broader plans to reevaluate enforcement priorities.

  • May 15, 2025

    Flooring Company Miscalculates Overtime, Ex-Manager Says

    A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills

    A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.

  • May 14, 2025

    Holding Co. Beats Suit Over 401(k) Investment Roster

    A Berkshire Hathaway-owned industrial holding company doesn't have to face a proposed class action claiming it filled its 401(k) plan with underperforming proprietary target date funds, with an Illinois federal judge faulting plan participants' efforts to compare those funds with other potential investments.

  • May 14, 2025

    Judge Orders Boeing To Share Disclosures, Allow Depositions

    A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.

  • May 14, 2025

    Starbucks, Ex-VP Settle $830K Bonus Repayment Suit

    Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.

  • May 13, 2025

    Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.

    Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.

  • May 13, 2025

    Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit

    Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.

  • May 13, 2025

    Industrial Retailer Misused Forfeited 401(k) Funds, Suit Says

    Industrial supply company W.W. Grainger Inc. unlawfully used forfeited 401(k) funds to reduce its contributions to the retirement plan rather than cover expenses, costing plan participants millions of dollars in potential retirement benefits, according to a proposed class action in Illinois federal court.

  • May 13, 2025

    UnitedHealth Says Lack Of Contract Sinks Coverage Suit

    UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.

  • May 13, 2025

    SEC's Uyeda Encourages Opening 401(k)s To Private Assets

    U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.

  • May 13, 2025

    Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid

    After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.

  • May 13, 2025

    11th Circ. Eyes Restarting Seafood Workers' ESOP Suit

    The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.

  • May 13, 2025

    1st Circ. Vacates $10M Severance Win Over Drafting Error

    The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.  

  • May 13, 2025

    Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions

    A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.

Expert Analysis

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • Rethinking Clawback Policies For 2025 Compensation Season

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    The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • ERISA Ruling Is A Win For DOL Regulatory Authority

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    In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

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