Benefits

  • February 14, 2020

    Mass. Suit Accusing Fidelity Of 401(k) Kickback Scheme Axed

    A Massachusetts federal judge tossed a proposed class action by a T-Mobile USA Inc. employee who accused the manager of the company’s 401(k)plan, Fidelity, of operating a so-called pay-to-play scheme in violation of the Employee Retirement Income Security Act, with the judge finding the worker couldn't show the companies acted like fiduciaries.

  • February 14, 2020

    Medicare Repayment Suits Aren't Time-Barred, 11th Circ. Says

    The Eleventh Circuit has ruled that the Medicare Secondary Payer Act doesn't require private entities or the government to have requested reimbursements for payments made on behalf of a beneficiary within a certain time period before filing suit under the act's private cause of action, reversing a Florida federal court's 2018 decision.

  • February 14, 2020

    Calif. Seeks To Nix Uber, Postmates' AB 5 Challenge For Good

    The state of California urged a federal judge to toss Uber and Postmates' suit challenging a new law making it harder for workers to be classified as independent contractors, arguing the case should be dismissed for the same reasons the judge rejected the companies' efforts to pause the litigation.

  • February 14, 2020

    NJ Lawmakers Move Bills To Protect Cannabis Users, Insurers

    New Jersey state legislators have advanced two cannabis-related bills, one of which would protect insurers that work with cannabis companies while the other would require coverage of medical marijuana under workers' compensation and personal injury protection in certain cases.

  • February 14, 2020

    3 Key Questions On IRS' Proposed Executive Pay Changes

    Now that the shock waves from the IRS' proposed changes to executive compensation rules have died down, attorneys are mulling three questions about how these and other recent alterations to IRS regulations might affect their clients and the business world at large.

  • February 14, 2020

    Jackson Lewis Nabs Ex-Proskauer ERISA Litigator In La.

    Jackson Lewis PC has scooped up Proskauer Rose LLP's former New Orleans office leader to be the co-head of the labor and employment powerhouse's Employee Retirement Income Security Act litigation group.

  • February 14, 2020

    PBGC Says McClatchy Ch. 11 Moving Too Fast

    The Pension Benefits Guaranty Corp. told a New York bankruptcy judge Friday that newspaper chain McClatchy Co. is trying to move forward with its Chapter 11 plan too fast for creditors to organize or company finances to be probed.

  • February 14, 2020

    More Post-Gazette Unions Claim They Had 'Implied' Contracts

    Eleven weeks after a Pennsylvania federal judge ruled that the Pittsburgh Post-Gazette still had to follow the grievance and arbitration sections of a union's expired contract before laying off workers, other unions representing employees at the newspaper filed suit Thursday seeking similar treatment for a dispute over health care.

  • February 14, 2020

    Aussie Rate-Rigging Suit Cut To 1 Plaintiff, 9 Banks In NY

    A New York federal judge waxed poetic on Thursday describing an Australian benchmark interest rate-rigging suit that, like a bar-tailed godwit flying 7,000 miles from Australia to Alaska, has once again flocked to the U.S. despite a series of obstacles.

  • February 14, 2020

    Ex-NBA Player Urges Justices To Review His Pension Fight

    A former NBA player has asked the U.S. Supreme Court to hear his challenge to a Second Circuit ruling that tossed his suit alleging wrongfully denied retirement benefits, arguing the limitations clock shouldn't have started ticking until 14 years after the appeals court said it did.

  • February 14, 2020

    9th Circ. Won't Reconsider Expert Fee Denial In Edison Case

    The Ninth Circuit won’t reconsider its decision to block a prominent ERISA plaintiffs firm from using about $1 million of a $13.2 million damages award to pay expert witnesses in a long-running class action challenging Edison International's 401(k) plan fees and investments.

  • February 13, 2020

    Pa. Court Weighs Law's Intent In Trans Name-Change Suit

    A Commonwealth Court of Pennsylvania panel wondered Thursday what legislators wanted to accomplish by barring certain felons from legally changing their names, as the court considered a case brought by three transgender women with convictions who were stuck with their male names.

  • February 13, 2020

    Six Flags Hit With Investor Suit Over Failed China Projects

    Six Flags exaggerated the success of its partnership with a Chinese real estate developer to build nearly a dozen new theme parks overseas, causing the company's stock to trade at artificially inflated prices before tanking by nearly 44% since word broke of the projects' shakiness, according to a proposed investor class action filed in Texas federal court.

  • February 13, 2020

    Columbia U. Keeps Fighting To Ax Retirement Plan Class Suit

    Columbia University has urged a New York federal court to spike a class action challenging its retirement plan's fees and investments, arguing a magistrate judge was wrong to recommend that the case should move forward to a trial.

  • February 13, 2020

    Wis. Justices Uphold Insurer's Win In School District Row

    Wisconsin's high court affirmed that two insurance companies didn't breach their duty to defend a school district in a lawsuit alleging it wrongfully terminated retired teachers' long-term care benefits, refusing Thursday to put the insurers on the hook for the district's legal fees in the coverage dispute.

  • February 13, 2020

    2nd Circ. Won't Touch PwC's Loss In Pension Plan Dispute

    The Second Circuit has refused to upend a panel's decision allowing PricewaterhouseCoopers LLP retirees to have their pension plan amended after courts found fault with the company's benefit-calculation method.

  • February 13, 2020

    Anthem Beats Calif. County's ERISA Reimbursement Suit

    A California federal judge has tossed a court challenge to the reimbursement rates Anthem used for trauma services at a medical center operated by the county of Monterey, rejecting the center’s argument that an earlier arbitration award meant that the insurer ran afoul of ERISA. 

  • February 13, 2020

    McClatchy Files Ch. 11, Cites 'Grim Reality' Of News Industry

    McClatchy Co. filed for bankruptcy on Thursday with more than $700 million in debt, most of it pension obligations, and plans to hand over control to creditors in what it called yet another reminder of the “grim reality facing the local news industry.”

  • February 12, 2020

    Attorney Wants Judge Who Said He Has 'No Brain' Recused

    A lobbyist and business attorney wants the New York bankruptcy judge overseeing 21st Century Oncology's case to recuse himself, saying Wednesday the jurist will not be impartial after he made "numerous insulting comments" at recent hearings and suggested the attorney has "no brain" for expecting to collect money.

  • February 12, 2020

    NFL Plan Says Doctor Payments Not Relevant In Disability Suit

    The retirement benefits plan for the NFL told a California federal judge on Tuesday it does not have to hand over records for how much it paid doctors who evaluated a former NFL player seeking total and permanent disability benefits despite allegations from the player and a finding by another federal judge that the doctors may be financially motivated to provide opinions against players.

  • February 12, 2020

    Workers Lean On 8th Circ. In 2nd Circ. Express Scripts Suit

    A proposed class of health benefit recipients suing Express Scripts Inc. over drug pricing has told the Second Circuit that a recent Eighth Circuit decision supports their argument that the pharmacy benefit manager acted as a fiduciary when setting drug prices.

  • February 12, 2020

    AT&T Disability Plans Dodge Ex-Worker's Benefits Suit

    An Alabama federal judge ruled Wednesday that the administrator of an AT&T disability benefits program correctly cut off short-term disability benefits for an employee who had a stroke, agreeing he wasn't eligible for the benefits after leaving the company's payroll.

  • February 12, 2020

    Fund Says Fugitive Ex-Nissan Exec Must Face Securities Suit

    If Nissan Motor Co.'s ex-chairman wanted a federal judge to buy his argument that he can't face a securities fraud suit in Tennessee due to an upcoming trial in Japan, he shouldn't have fled that country in a suitcase, a pension fund argued Wednesday.

  • February 12, 2020

    Lowe's Wants To Ax Benefits Suit Over COBRA Notices

    Lowe’s has urged a Florida federal judge to toss a suit claiming the retailer didn't fulfill its obligation of letting ex-workers know they could continue their health care coverage under COBRA, arguing the workers didn’t explain how the allegedly confusing notices hurt them.

  • February 12, 2020

    Cigna Wants Redo On Privilege Ruling In NFL ERISA Suit

    Cigna is urging a Texas federal court to reconsider ruling that the insurer can't use attorney-client privilege to withhold documents in a medical clinic's suit over the handling of an NFL health benefits plan, arguing it would be "manifestly unjust" to let the clinic waive the privilege.

Expert Analysis

  • FINRA's Changes To New-Issue Sales, Distribution Practices

    Excerpt from Lexis Practice Advisor
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    Recently effective changes to the Financial Industry Regulatory Authority's initial equity public offering sales and distribution rules introduce new considerations for exempt investors, the types of securities offerings subject to the rules, and the types of investors broker-dealers can sell to, say Anna Pinedo and Ali Perry at Mayer Brown.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • 5 Executive Compensation Considerations For Proxy Season

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    Companies preparing their 2020 proxy statements should keep several compensation plan and disclosure issues in mind on the heels of recent say-on-pay and executive remuneration policy updates from Institutional Shareholder Services and Glass Lewis, say attorneys at Pillsbury.

  • 3 Employee-Friendly Updates In NY’s 2021 Budget Proposal

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    Reflecting an aggressive effort to pass pro-employee laws, several provisions in New York’s 2021 budget proposal would expand paid sick leave benefits, increase disclosure requirements for state contractors, and alter classification standards for gig economy workers, say attorneys at Morgan Lewis.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • What To Consider Before Using A Global Noncompete: Part 2

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    In the final installment of this article, Joseph Deng and Loic Coutelier at Baker McKenzie analyze how the enforcement of noncompete and nonsolicitation agreements differs from region to region in Europe, the Americas and Asia.

  • Series

    Judging A Book: Humetewa Reviews 'Guilty People'

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

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    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • What To Consider Before Using A Global Noncompete: Part 1

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    In the first installment of this two-part article, Joseph Deng and Loic Coutelier at Baker McKenzie show there is no simple answer to whether or how multinational companies should impose employee noncompete agreements, and share the factors to examine before doing so.

  • 4 Problems With NJ Sick Leave Law Regulations

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    The New Jersey Department of Labor and Workforce Development’s recently finalized regulations for the state’s straightforward Earned Sick Leave Law unnecessarily extend coverage, complicate calculations, increase employer costs, and may conflict with federal labor and benefits laws, says Jed Marcus at Bressler Amery.

  • New SEC Committee Shows More Interest In Biz Than Regs

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    At the inaugural meeting of its Asset Management Advisory Committee, the U.S. Securities and Exchange Commission focused on trends in the investment advisory industry — rather than regulation — showing the agency wants to better understand the business activities it is charged with overseeing, say Steven Lofchie and Danielle Wheeler at Cadwalader.

  • 1st Circ. Ruling Clarifies PE Fund Pension Withdrawal Liability

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    While the First Circuit’s recent decision in Sun Capital v. New England Teamsters Pension Fund may seem like a win for private equity companies, investors should still use caution when structuring ownership arrangements to avoid withdrawal liability under federal retirement savings laws, say Victoria Zerjav and Vania Aksentijevich at Holland & Knight.

  • SEC Private Equity Enforcement: A Look Ahead

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    A steady stream of enforcement actions, recently released exam priorities, pending congressional legislation and current market conditions will likely reinforce the U.S. Securities and Exchange Commission’s scrutiny of the private equity industry for the remainder of 2020, say John Murray and Ned Melanson at Foley Hoag.

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

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    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.