Benefits

  • April 09, 2020

    Lieff Cabraser Fights Order To Repay $1M In State Street Deal

    Lieff Cabraser said Thursday that it plans to challenge a $1.1 million repayment ordered by a Massachusetts federal judge who said the firm had overbilled a class of investors in a $300 million settlement with State Street Corp. over its foreign exchange practices.

  • April 09, 2020

    Insurers Shouldn't Have To Pay For Medical Pot, Court Told

    An insurance industry trade group told the Massachusetts Supreme Court on Thursday that insurers should not be compelled to reimburse injured workers for their use of medical marijuana, saying that would force a violation of federal law.

  • April 09, 2020

    Fed. Circ. Says Air Force Overstepped On Major's Discharge

    The Federal Circuit ruled Thursday that the U.S. Air Force wrongly discharged a major after his progress up the ranks stalled, saying it had overstepped its authority by narrowing an exception to the military’s “up-or-out” promotion policy.

  • April 09, 2020

    Kraft Heinz ERISA Stock Price Suit Kicked To Illinois

    A Pennsylvania federal judge on Thursday kicked to Illinois federal court a proposed Employee Retirement Income Security Act class action accusing Kraft Heinz executives of letting workers invest their retirement savings in overvalued company stock, saying similar litigation is already happening in the Prairie State.

  • April 09, 2020

    L.A. Mayor Signs Modified COVID-19 Paid Sick Leave Order

    Los Angeles has adopted a supplemental paid sick leave policy, providing workers at larger companies with time off for COVID-19-related issues in an attempt to cover workers who were not included under the federal paid sick leave legislation.

  • April 09, 2020

    Ex-Zimmer Exec's Discharge Claim Cut From Sex Bias Case

    A federal judge has spiked a former Zimmer Biomet Holdings Inc. executive's claim that she was forced to quit because she wouldn't mislead investors or improperly fire employees, saying that allegation had already hit a roadblock in court.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    2nd Circ. Won't Ruffle Key Theory As Goldman Case Plows On

    The Second Circuit was split on whether to decertify a class of Goldman Sachs investors on Tuesday, but unanimous in declining to augment a key theory on which the class is asserting securities claims against the investment bank.

  • April 08, 2020

    9th Circ. Revives Builder's Bid For Coverage Of Benefit Claims

    The Ninth Circuit on Wednesday revived Erickson-Hall Construction Co.'s lawsuit seeking to put two insurers on the hook for its costs to defend and settle claims that it negligently failed to pay premiums on its employee life and disability benefits plans and let the plans lapse.

  • April 08, 2020

    Veterans Should Get Virus Aid Checks, Lawmakers Tell IRS

    Veterans on government pensions who don’t file tax returns shouldn't miss out on upcoming stimulus checks to soften the impact of the novel coronavirus pandemic, a bipartisan pair of House members said Wednesday in a letter to the IRS.

  • April 08, 2020

    Okla. Wants To Enforce PBM Law Amid COVID-19 Crisis

    The Oklahoma Insurance Department has told a federal judge that it plans to withdraw from an agreement that tabled the enforcement of a state law regulating pharmacy benefit managers during a legal challenge, saying the coronavirus pandemic changed the situation.

  • April 08, 2020

    SEC Unit Highlights 4 Key 'Best Interest' Exam Focus Areas

    The U.S. Securities and Exchange Commission's exam unit has issued two alerts about initial compliance examinations for Regulation Best Interest and Form CRS, saying its staffers will focus on whether broker-dealers have made a “good faith effort” to comply with the new measures.

  • April 08, 2020

    Cerner Corp. Tries To Push ERISA Suit Into Arbitration

    Cerner Corp. urged a Missouri federal judge Tuesday to scuttle a proposed class action challenging its 401(k) plan's investments, saying the participants who sued should have to individually arbitrate their claims pursuant to forms they signed.

  • April 08, 2020

    Alaska Air Pilot Seeks Green Light For Military Bias Class

    An Alaska Airlines pilot who served as a U.S. Air Force reservist urged a Washington federal judge to let him move forward with a class action claiming hundreds of pilots were unlawfully denied accrued vacation or sick time while out on military assignments.

  • April 08, 2020

    Workers Claim GE Owed Unused Vacation Pay In Wabtec Sale

    General Electric Corp. owes former GE Transportation workers unused vacation pay that should have been cashed out when their division was sold to Wabtec Corp. in 2019, according to a proposed class action filed in Pennsylvania state court.

  • April 07, 2020

    Attys Score $53M In $240M Wells Fargo Fake Account Deal

    Lieff Cabraser and Saxena White attorneys representing Wells Fargo & Co. investors in their derivative suit over fake accounts will come away with $52.8 million in fees, a 22% cut of the $240 million settlement they negotiated last year, according to an order issued Tuesday in California federal court.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    JPMorgan Settles Massive 401(k) Class Action

    JPMorgan Chase & Co. told a New York federal judge Tuesday that it is settling a massive Employee Retirement Income Security Act class action in which roughly 250,000 current and former employees accused it of profiting from its 401(k) plan at workers' expense.

  • April 07, 2020

    Drug Buyers Cut New, Smaller Antitrust Deal With Celgene

    Consumers, cities and union benefits are taking another shot at settling class action claims that Bristol-Myers Squibb's Celgene unit monopolized cancer drugs by proposing a pared down $34 million deal that excludes the class members whose opt outs spurred Celgene to scrap the original settlement.

  • April 07, 2020

    Airbus Dodges Sex Bias Suit Over Severance Packages

    An Alabama federal judge shot down a suit claiming a unit of aerospace giant Airbus SE discriminated against women by not paying them severance after their office shuttered, finding the company gave legitimate reasons for why some men got severance packages while the women who sued didn't.

  • April 07, 2020

    9th Circ. Says Mom On The Hook For Teen's Inpatient Therapy

    The Ninth Circuit stuck a California mom with a bill for her daughter's mental health treatment after the girl's two suicide attempts, ruling that Kaiser Foundation Health Plan Inc. didn’t have to fund a four-month stay at a therapy program for troubled teenagers.

  • April 07, 2020

    Split 2nd Circ. Rejects Goldman’s Bid To Decertify Class

    In a split decision Tuesday, a Second Circuit panel ruled against Goldman Sachs’ bid to decertify an investor class and narrow the scope of the “price maintenance theory” — the idea that misstatements can fraudulently keep an artificially boosted stock price from dropping.

  • April 06, 2020

    Attys Apologize In Bid To Duck Sanctions For Rule-Breaking

    Apologetic attorneys for a class of Northrop Grumman workers have cited “disorganization and confusion” for their failure to follow a discovery-related rule in an ERISA suit and are urging the court not to issue sanctions.

  • April 06, 2020

    10th Circ. Lets Irish Cos. Off Hook For $4.5M Pension Debt

    The Irish parent companies of a now-shuttered Kansas screenprinter cannot be sued in the U.S., so American courts can't force them to pay the $4.5 million they allegedly owe a union pension fund, a Tenth Circuit panel ruled Monday.

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.

Expert Analysis

  • CARES Act May Propel Gig Economy Employment Law Shift

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    The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • ERISA Fiduciary Best Practices During Market Instability

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    Plan fiduciaries can assist participants and mitigate Employee Retirement Income Security Act risk amid market uncertainty due to the coronavirus pandemic by closely monitoring investments, maintaining a diverse lineup, paying attention to employer stock funds, planning ahead and documenting processes, say attorneys at Mayer Brown.

  • Employer Work Sharing Perks Amid Pandemic Uncertainty

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    During the coronavirus pandemic, obtaining approval for a work sharing plan can broaden an employer’s long-term options, provide immediate cost savings, curb liability exposure, support employee well-being, and free up time for considering next steps, say attorneys at Blank Rome.

  • How To Handle No-Cut Employment Contracts In Hard Times

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    Executives who are beneficiaries of no-cut employment agreements could still be asked to take significant pay cuts due to the economic impact of the coronavirus. Parties must treat the request like any other business transaction and negotiate the terms, says Jose Sariego at Bilzin Sumberg.

  • What Employers Need To Know About Furloughs

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    Employer considerations for implementing furloughs should include wage and hour challenges, paid time off questions, and federal and state notice requirements, says Jonathan Wetchler at Duane Morris.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • Furloughs: Weighing The Unemployment Costs And Benefits

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    Employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act should look for two factors that would minimize drawbacks for all parties, says Isaac Mamaysky at Potomac Law Group.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • When Coronavirus, Federal Paid Leave And The NLRA Collide

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    Employers managing unionized workforces during the COVID-19 pandemic must balance their responsibilities under the National Labor Relations Act, new federal paid sick leave requirements, health and safety regulations, and certain contract provisions, say Douglas Darch and Christina Taylor at Baker McKenzie.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Guiding Clients Through DOL Benefit Plan Probes: Part 2

    Excerpt from Lexis Practice Advisor
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    Kathleen Barrow at Fox Rothschild discusses how to manage agency and plan sponsor expectations during U.S. Department of Labor investigations of employer-sponsored benefit plans, and explains key steps for closing the inquiry.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

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