Benefits

  • August 07, 2020

    Aetna, AARP Fight Disability Benefits Suit Revival At DC Circ.

    Aetna Life Insurance Co. and the AARP Benefits Committee urged the D.C. Circuit on Friday not to revive an ex-AARP worker's ERISA suit attempting to recover long-term disability benefits, arguing his separation agreement clearly barred the claims.

  • August 07, 2020

    JPMorgan Fights Class Cert. Bid In Interest Rate Swaps Suit

    JPMorgan Chase & Co. in a letter Friday pointed to two recent decisions in New York federal court and the Third Circuit that it says support the rejection of a class certification bid in an antitrust suit over interest rate swaps trading.

  • August 07, 2020

    DOL Gets Over 1,000 Comments On Ethical Investing Rule

    The U.S. Department of Labor's proposal to restrict retirement plan administrators' ability to invest in socially conscious funds received more than 1,000 comments, including several from investment managers who said the agency is meddling with their ability to do their jobs.

  • August 07, 2020

    Winston & Strawn Launches ESG Advisory Team

    Winston & Strawn LLP has announced the launch of a new team that will focus on helping corporate boards and management teams navigate ethical investing and related legal issues, joining a trend among law firms as clients take a harder look at their investment practices.

  • August 07, 2020

    Class Of 250,000 Workers Gets OK In AT&T 401(k) Fee Suit

    An ERISA suit accusing AT&T Services Inc. of wasting its workers' retirement savings on unreasonable fees and engaging in prohibited transactions will move forward as a class action after a California federal judge gave her blessing to a nearly 250,000-member class.

  • August 07, 2020

    WWE Can't Dodge Stock-Drop Suit Over Saudi Relationship

    World Wrestling Entertainment Inc. can't avoid a proposed investor class action, because investors have been persuasive in alleging that the company misled them about its souring relationship with Saudi Arabia, a New York federal judge has ruled.

  • August 07, 2020

    Sinclair Investors Get Initial OK For $25M Failed Merger Deal

    A Maryland federal judge has given the initial nod to a deal worth nearly $25 million between Sinclair Broadcast Group Inc. and shareholders that would end allegations the media giant botched a $3.9 billion merger with Tribune Media Co.

  • August 07, 2020

    An Employer's Guide To 'Composite' Retirement Plans

    A proposal tucked into the House coronavirus relief package would create a new type of ERISA retirement plan called a composite plan. Here, Law360 offers a cheat sheet to bring employers up to speed.

  • August 07, 2020

    New Rule Gives Fed Workers 12 Weeks Of Paid Parental Leave

    An estimated 2 million federal employees will gain access to 12 weeks of paid parental leave in October, under a new rule the Office of Personnel Management unveiled Friday.

  • August 06, 2020

    Ill. Court Revives Think Tank CEO's Challenge To State Bonds

    An Illinois appellate court on Thursday resurrected a challenge to $14.3 billion in state bonds that a conservative think tank CEO claims were issued unconstitutionally, ruling that his complaint wasn't frivolous or malicious and that a trial court shouldn't have denied his petition to file it.

  • August 06, 2020

    California Judge Wary Of Reclassifying Uber, Lyft Drivers

    A California judge struggled with the gravity of making Uber and Lyft reclassify hundreds of thousands of Golden State drivers as employees Thursday at a hearing on the state attorney general's high-profile push to force the ride-hailing companies to stop treating employees as independent contractors.

  • August 06, 2020

    Oregon High Court OKs Changes To Public Retirement System

    Oregon's highest court ruled Thursday that two recent changes to the state's public employee retirement system don't violate workers' contracts, because the alterations only affect future benefits, not earned benefits.

  • August 06, 2020

    NJ Layoff Law Changes Tread On ERISA, Biz Group Says

    An Employee Retirement Income Security Act industry group hit the state of New Jersey with a complaint Thursday seeking to invalidate new employee protections in the state's mass layoff law, calling the amendments burdensome changes that are preempted by the federal law.

  • August 06, 2020

    BofA To Make Sure New Moms Get Breaks After DOL Probe

    Bank of America has agreed to make changes to help ensure that lactating workers get legally required break time and privacy as part of a deal resolving a federal investigation, the U.S. Department of Labor said Thursday. 

  • August 06, 2020

    Retailers Face Uphill Fight For Cert. In Glumetza Price-Fix Suit

    U.S. District Judge William Alsup appeared skeptical on Thursday of a bid to certify a class of retailers who accuse drugmakers of violating antitrust laws by blocking a generic version of the diabetes drug Glumetza, saying he can't "kick the can down the road" and ignore potential proof of harm differences.

  • August 06, 2020

    24 Hour Fitness Floats Senior Manager Bonuses In Its Ch. 11

    Gym chain 24 Hour Fitness told the Delaware bankruptcy court Wednesday it is seeking to pay 22 of its senior managers up to roughly $9 million in bonuses if certain performance benchmarks are met as the company moves forward with what has been a strife-ridden Chapter 11.

  • August 06, 2020

    APG To Pay $356M To Buy Out JV Partner In Real Estate Fund

    Dutch pensions manager APG said Thursday that it has agreed to purchase U.K. real estate company Hammerson's remaining 50% stake in their joint venture investment fund VIA Outlets for €301 million (roughly $356 million), giving APG a majority stake.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

  • August 06, 2020

    American Air Beats Ex-Workers' 401(k) Investment Option Suit

    American Airlines has defeated an ERISA suit alleging its 401(k) plan offered an investment option that benefited the company more than workers, with a Texas federal judge quashing claims that American failed to look out for workers' best interests. 

  • August 05, 2020

    4th Circ. Lets Trump Implement 'Public Charge' Rule

    The Fourth Circuit ruled Wednesday that the Trump administration may implement, at least for now, the so-called public charge rule barring permanent U.S. residency to legal immigrants who use or will likely rely on public assistance programs, reversing a Maryland federal court's decision blocking the policy's enforcement nationwide.

  • August 05, 2020

    5 Key Questions After DOL Virus Relief Rule Gets Scaled Back

    A New York federal judge's decision this week to invalidate parts of a U.S. Department of Labor rule detailing who qualifies for coronavirus-related emergency paid sick leave raised a host of questions that employers, the agency and courts will soon have to address.

  • August 05, 2020

    Colgate Retirees Want Judge's Final Word For ERISA Appeal

    A class of Colgate-Palmolive retirees wants a New York federal court to "formalize what it has already decided" in their trimmed-down Employee Retirement Income Security Act suit accusing the company of shorting them on lump-sum benefits payments, so that they can appeal their partial loss to the Second Circuit.

  • August 05, 2020

    Ex-Littler Atty Rejoins Firm After In-House Gig At NV Energy

    A former Littler Mendelson PC shareholder returned to the firm Wednesday after a decade in-house at NV Energy, where she represented the company in employment litigation while also counseling on compliance issues and conducting training sessions.

  • August 05, 2020

    Alaska Airlines Military Leave Suit Gets Class Treatment

    A Washington federal judge has allowed a suit accusing Alaska Airlines Inc. and a sister carrier of shorting pilots on pay when they took short-term military leave to move forward as a class action, although he narrowed the scope of the classes in the case.

  • August 05, 2020

    EpiPen Buyers Lose Bid For Class Status In ERISA Suit

    A Minnesota federal judge denied class certification to EpiPen buyers Wednesday in a suit accusing Express Scripts, CVS Health and other pharmacy benefit managers of violating the Employee Retirement Income Security Act by causing plan participants to overpay for the device.

Expert Analysis

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • What A Biden Administration Could Mean For Employers

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    Presumptive Democratic presidential nominee Joe Biden’s labor and employment policy initiatives would strengthen unions and increase employer mandates, but some policies could benefit companies by creating broader workforce access and supporting retention of existing workers, says Anthony Oncidi at Proskauer.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • 3 Cases Spotlight Shareholder Interest In Public Co. Diversity

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    Recent derivative claims filed in a California federal court over diversity and inclusion shortcomings at Oracle, Facebook and Qualcomm demonstrate shareholder willingness to hold directors and officers accountable for public companies' failure to deliver on environmental, social and governance commitments, say attorneys at Cleary.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • Pandemic Highlights Need To Reform Shareholder Rights

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    Viewed in light of the current COVID-19 crisis, case studies from Delaware and the U.K. show that shareholders might be able to control executive and director actions, but that reform is needed to ensure they can exercise their powers effectively to influence executive compensation decisions, says Saad Alrayes at Queen's University Belfast.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • What DOL Guidance Says About COVID-19 Leave Protections

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    Nondiscrimination and anti-retaliation guidance from the U.S. Department of Labor can help employers avoid costly missteps when making decisions about workers using the Families First Coronavirus Response Act's paid sick leave and expanded family leave, says Matthew Davison at Baker Donelson.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

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