Benefits

  • August 20, 2019

    2nd Circ. Orders Damages Redo In Pension Funding Suit

    The Second Circuit on Tuesday found a federal district judge incorrectly applied an interest rate when looking at how much a food services business owed a union pension fund in damages for unpaid pension contributions, kicking the case back to the lower court to rethink how much the company needs to pay.

  • August 20, 2019

    Insys Creditors Want More Guarantees In Severance Plan

    Insys Therapeutics Inc.’s unsecured creditors want assurance that employees “involved or complicit” in criminal conduct will not receive severance pay as part of the pharmaceutical company’s Chapter 11, they told a Delaware bankruptcy court Tuesday.

  • August 20, 2019

    5th Circ. Invokes Chanel In Siding With Pier 1 Over Stock Drop

    The Fifth Circuit affirmed the dismissal of a shareholder suit alleging Pier 1 hid the possibility that it might cut prices to sell excess inventory, using a Coco Chanel quote to reject claims executives knew their products were at risk of discounts because they were trendy.

  • August 20, 2019

    Aetna Beats Class Expansion In Mental Health Coverage Suit

    Aetna on Monday defeated a bid to include all of its policyholders in a putative class alleging it violated the Employee Retirement Income Security Act by denying plan participants coverage for medically necessary psychiatric treatment through a "hidden" exclusion.

  • August 20, 2019

    Fidelity CEO Says Call For Testimony In MIT Trial 'Harassment'

    The CEO of Fidelity has urged a Massachusetts federal judge not to let a group of MIT workers call her as a witness in their suit claiming the university wrongly placed Fidelity's interests above their own in managing their 401(k) plan, arguing the workers only made the request to harass her.

  • August 20, 2019

    Crane Rental Co. Owes Over $13M To Pension Fund, Suit Says

    Crane rental company Maxim Crane Works LP violated the Employee Retirement Income Security Act of 1974 by failing to contribute $13 million in funds to the Central States, Southeast and Southwest Areas Pension Fund, a lawsuit filed in Illinois federal court alleges.

  • August 20, 2019

    9th Circ. Says Schwab Can Push ERISA Case To Arbitration

    The Ninth Circuit ruled Tuesday that Charles Schwab Corp. can send a proposed class action accusing Schwab of using its retirement plan as a cash cow to arbitration, striking down decades-old case law that said Employee Retirement Income Security Act lawsuits can't be arbitrated. 

  • August 19, 2019

    Planned Parenthood Exits Title X Over Abortion 'Gag Rule'

    Planned Parenthood opted Monday to exit Title X after nearly 50 years of participating in the federal grant program, rather than come into compliance with the Trump administration's so-called gag rule, which prohibits health care providers from giving patients abortion referrals.

  • August 19, 2019

    Electrician's Union Job Bars Early Pension Access: 9th Circ.

    The Ninth Circuit has ruled that the Northern California Electrical Workers Pension Plan was allowed to deny an electrician access to the early retirement benefits he earned because he works for a union.

  • August 19, 2019

    Lexmark Investors Seek Class Cert. In Stock-Drop Suit

    Lexmark investors on Friday asked a New York federal judge to certify a class in a suit alleging the printer manufacturer caused its stock price to tumble after it oversupplied some of its markets overseas, temporarily inflating the company's value.

  • August 19, 2019

    GE Again Denies Report Of $38B Accounting Fraud

    General Electric Co. on Monday again pushed back against allegations by well-known whistleblowers who accuse the conglomerate of a $38 billion accounting fraud executed in part by hiding losses from its insurance business, saying the state of its current reserves is sound.

  • August 19, 2019

    Wis. Medicaid Must Cover Gender Reassignment, Judge Rules

    A Wisconsin federal judge has barred state health officials from excluding gender reassignment surgery and related procedures from coverage under the state’s Medicaid program, handing a win to a class of transgender residents.

  • August 19, 2019

    4 Life Science Cos. Lead 5 IPO Filings Totaling $476M

    Four life science companies and a financial services provider have filed initial public offerings preliminarily projected to raise a combined $476 million, adding to a growing pipeline of deals that could price after Labor Day and restart IPO activity after the customary August slowdown.

  • August 19, 2019

    Ex-NFL Players Signed Off On Clinic's ERISA Suit, Judge Told

    Advanced Physicians SC on Friday slammed Cigna's bid to sack its suit in Texas federal court that accuses the insurer of violating the Employee Retirement Income Security Act by denying retired NFL football players' claims, arguing its claims are viable and the players authorized the clinic to sue.

  • August 19, 2019

    Airline Group Presses Bid To Invalidate Wash. Sick Leave Law

    The lead lobbying group for the nation's largest airlines has told a federal court that Washington state cannot enforce its paid sick leave law on an industry regulated by the federal government, insisting the state law upends interstate commerce.

  • August 19, 2019

    Anheuser-Busch Retiree Fights Bid To Ax Mortality Rates Suit

    A former worker for an Anheuser-Busch subsidiary has urged a Missouri federal judge not to toss his proposed class action claiming the beer giant shorted workers by using out-of-date mortality rates to calculate their retirement benefits, saying his claims include enough specifics to warrant keeping the case in court. 

  • August 19, 2019

    Attorneys Score $20M For Work On ABB 401(k) Class Action

    The attorneys who represented workers in a 13-year battle with ABB Inc. over excessive 401(k) plan fees will go home with roughly $20 million after securing a $55 million settlement with the technology company.

  • August 16, 2019

    US Bank's High Court Pension Row May Have Broad Impact

    A U.S. Supreme Court case pitting pensioners against US Bank could have a wide-ranging impact on who can bring Employee Retirement Income Security Act suits, whether they pay into a defined-benefit pension plan or a 401(k) plan.

  • August 16, 2019

    Parents Seek Class Cert. In Autism Therapy Coverage Suit

    Two parents alleging their child was wrongly denied coverage for an autism treatment have asked a Washington federal judge to certify two classes in their suit against Blue Cross and Blue Shield of Illinois and Catholic Health Initiatives.

  • August 16, 2019

    Curo Says Investors Can't Show It Hid Regulatory Risks

    Online lender Curo urged a Kansas federal judge to throw out a proposed class action accusing it of concealing the impact of regulatory changes on its rollout of new products in Canada, contending that shareholders are pleading “fraud by hindsight.”

  • August 16, 2019

    Ill. State Sen. Pleads Not Guilty To Salary Fraud Allegations

    An Illinois state senator told a federal judge Friday that he is not guilty of charges alleging he received a salary and benefits from a labor union, but did little to no work in his position as an organizer.

  • August 16, 2019

    JPMorgan Says COBRA Notice Was Fine In ERISA Suit

    JPMorgan Chase & Co. has urged a Florida federal judge to toss a proposed Employee Retirement Income Security Act class action accusing the bank of failing to give former employees proper notice about continuing their health care coverage, arguing the worker leading the suit didn't show he'd been harmed in the case.

  • August 15, 2019

    Judge Says Bid To Nix Valeant Stock-Drop Suit Unnecessary

    A New Jersey federal judge said Thursday that it would be "a waste of judicial resources" to consider Valeant Pharmaceuticals' bid to toss a complaint from an options brokerage that is part of a proposed consolidated class action alleging Valeant fraudulently inflated its stock price, after previously rejecting the brokerage's own escape move.

  • August 15, 2019

    11th Circ. Won't Revive Suit Over Ocwen's Software Problems

    An Eleventh Circuit panel ruled Thursday that a lower court was correct to ditch a proposed class action brought by a pension fund against mortgage servicer Ocwen Financial Group because the company's alleged misstatements over its software were too vague to have credibly breached federal securities laws.

  • August 15, 2019

    Feds Say Ex-Railroad Worker Faked Disability In FCA Suit

    The U.S. government accused a former railroad worker of lying about the extent of his injuries to obtain disability benefits in a False Claims Act suit filed in Texas federal court.

Expert Analysis

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • Questions After IRS Guidance On Uncashed 401(k) Checks

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    A recent revenue ruling provided helpful guidance on the tax treatment of uncashed 401(k) distribution checks, but did not clarify how plan administrators should handle the nettlesome administrative issues arising when uncashed required minimum distribution checks involve missing plan participants, says Daniel Morgan at Blank Rome.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • The Outlook On Drug Pricing And Surprise Billing In Congress

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    Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • State Net

    How States Are Attending To Medical Balance Billing

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    With emergency room visits involving care from out-of-network providers sometimes resulting in balance bills reaching thousands of dollars, 32 states this year have taken legislative action, and those that have not are under increasing pressure to do so, says Korey Clark of State Net Capitol Journal.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Justices Could Shape Fiduciary Conduct In 2 ERISA Cases

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    Although two Employee Retirement Income Security Act cases recently accepted by the U.S. Supreme Court involve different claims for breach of fiduciary duty, they both demonstrate how procedural decisions can have a substantive effect, says Jason Lacey at Foulston Siefkin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • Sweeping Changes To Ill. Law Will Require Employer Diligence

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    Illinois has begun to enact significant employment law changes aimed at strengthening workplace sexual harassment protections, achieving gender pay equality and providing leave for gender-related violence. Attorneys at Clark Hill explain how the new requirements will affect employers in the state.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

  • Debunking 3 Myths About Contract Attorneys

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    Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

  • Paid Family Leave In 2019: A Multinational Employer's Guide

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    As developed countries across the globe are increasingly adopting and augmenting paid family leave laws, Elizabeth Ebersole and Colton Long at Baker McKenzie discuss what multinational and U.S. employers need to know about the current paid family leave landscape and key action items for staying ahead of the many developments.