Benefits

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    Court Skeptical Of Columbia's Bid To End ERISA Suit

    A New York federal magistrate judge appeared unpersuaded by Columbia University’s attempts to bring an early end to a class action challenging its retirement plan’s fees and investments, saying during a hearing Friday that he sees factual disputes in the case that can’t be resolved without a trial.

  • October 11, 2019

    Trump's Medicaid Work Requirements Questioned By DC Circ.

    A three-judge panel of the D.C. Circuit on Friday rebuked the Trump administration for failing to properly consider health insurance coverage losses when it approved work mandates in the federal-state health program for low-income people in Arkansas and Kentucky last year.

  • October 11, 2019

    Davis Polk, Skadden Steer Insurer's Potential $246M IPO

    Insurance broker BRP Group Inc. on Friday set a price range for an initial public offering estimated to raise $246 million, steered by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.

  • October 11, 2019

    2nd Circ. Orders Damages Redo In Health Plan Funding Row

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

  • October 11, 2019

    Pa. Can Trim Workers' Comp. By Degree Of Injury, Panel Says

    A Pennsylvania appellate court on Friday upheld part of the state's workers' compensation law allowing employers to make recipients undergo a physical exam to determine their degree of impairment, which can shorten how long recipients continue receiving the benefits.

  • October 11, 2019

    Ex-NFLer Can't Avoid Depo In Disability Benefits Suit

    A Florida magistrate judge has ordered a former NFL lineman to give a deposition in his suit against the league's retirement and disability plans as they attempt to claw back $831,000 in benefits, while cutting out questions that have already been answered by other sources.

  • October 11, 2019

    Rising Star: Wachtell's Michael Schobel

    Wachtell Lipton Rosen & Katz's Michael Schobel helped Pfizer craft the benefits program for its multibillion-dollar consumer health care joint venture with fellow pharmaceutical giant GlaxoSmithKline PLC, earning him a spot among the benefits law practitioners under 40 honored by Law360 as Rising Stars.

  • October 11, 2019

    Tour Buses 'Thumbed Nose' At Health Care Law, SF Says

    San Francisco slapped the operators of the City Sightseeing tour bus service with a lawsuit claiming they refused to shell out health insurance payments for over 200 workers, violating a city law requiring employers to provide affordable health care.

  • October 11, 2019

    5th Circ. Won't Revisit Ruling Nixing Tenn. Benefits Law

    A Fifth Circuit panel has declined to upend its decision that the Employee Retirement Income Security Act trumps a Tennessee law making it easier for physicians to sue insurance companies over disputed medical bills.

  • October 11, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 10, 2019

    9th Circ. Frees 'Last Resort' Insurer From Medicare Payments

    The Centers for Medicare & Medicaid Services can’t seek benefit reimbursements from an insurance guarantee association that administered workers’ compensation policies, the Ninth Circuit ruled Thursday, saying the Medicare statute was not meant to interfere with state laws protecting “last resort” funds that cover insolvent insurers.

  • October 10, 2019

    Northrop Defends 401(k) As Trial Looms In ERISA Class Action

    Northrop Grumman Corp. is gearing up to stand trial next week on allegations that its 401(k) plan betrayed workers by using a costly management strategy for a risky investment fund, telling a California federal judge that the strategy made sense at the time.

  • October 10, 2019

    Amid Turmoil, Nissan Names New Legal Head

    Nissan Motor Co. Ltd. has replaced its legal department head, who cooperated with Japanese prosecutors before the 2018 arrest of the company's former chairman amid misconduct claims, with a longtime executive of the business, the automaker said this week.

  • October 10, 2019

    Court Told Settlement Is The Best Result For Purdue Ch. 11

    Bankrupt opioid maker Purdue Pharma LP again touted its proposed settlement of opioid litigation in a New York bankruptcy court Thursday and claimed individual lawsuits against it and company owners the Sackler family could destroy the value of the estate.

  • October 10, 2019

    Purdue Docs Show DOJ Deal Is Key To Ch. 11 Settlement

    Bankrupt OxyContin maker Purdue Pharma LP has filed a term sheet in New York bankruptcy court detailing a proposed settlement it hopes will resolve thousands of lawsuits over the company's role in the national opioid crisis and calling for a deal to be reached with the federal government.

  • October 10, 2019

    Ex-NFLer Stiffed Benefits Consultants On Fees, Suit Says

    A Florida consulting company is suing a former NFL player, saying in a state court complaint Thursday that he has failed to pay up on a $100,000 contract after the company helped him receive disability benefits from the league.

  • October 10, 2019

    UnitedHealthcare Can't Dodge Mental Health Treatment Suit

    A Utah federal judge has refused to toss a suit accusing UnitedHealthcare Insurance Co. of violating federal benefits law by not paying for treatment an EMC Corp. health plan participant's adoptive son received for violent behavior, but agreed to pause the case while a separate case over mental health coverage plays out. 

  • October 10, 2019

    $11M ERISA Deal Over Hospital Pension Plan Wins OK

    A Rhode Island federal judge has given his final approval to an $11.15 million settlement in an Employee Retirement Income Security Act class action over an embattled retirement plan for hospital workers, rejecting claims that the deal resulted from “naked collusion.”

  • October 10, 2019

    Suit Claiming NFL Cheated Illinois Clinic Moved To Texas

    An Illinois federal judge on Thursday sent to the Northern District of Texas a suit by an Illinois clinic claiming the National Football League told Cigna not to pay out on the league's health plan, arguing it should be consolidated with a similar case the clinic already has in that district.

  • October 10, 2019

    Rising Star: Vinson & Elkins' Stephen Jacobson

    Vinson & Elkins LLP’s Stephen Jacobson has helped companies like Blackstone Infrastructure Partners and Talos Energy navigate the executive compensation and benefits issues associated with high-dollar mergers and acquisitions, earning him a spot as one of five benefits attorneys under age 40 honored as a Law360 Rising Star.

  • October 10, 2019

    Convicted Ex-Philly Judge Can't Get Pension, Court Rules

    A Pennsylvania appeals court agreed on Wednesday that an ex-Philadelphia judge who was convicted four years ago of running a private real estate business out of his chambers was not entitled to receive his state pension.

  • October 09, 2019

    Conn. Fits Teva Stock-Drop Suit Better Than Pa., Judge Says

    A proposed investor class action against Teva Pharmaceuticals will be moved from Pennsylvania to Connecticut, where it will join other investor suits over the drugmaker's alleged price-fixing after a Philadelphia federal judge said the suit was not sufficiently tied to antitrust multidistrict litigation in his district.

  • October 09, 2019

    Fox Rothschild Snags Constangy Benefits Atty In Dallas

    Fox Rothschild LLP has hired a Constangy Brooks Smith & Prophete LLP attorney with nearly three decades of legal experience to join its Dallas office as an employee benefits partner.

  • October 09, 2019

    Aetna Won't Cover Needed Physical Therapy, Suit Says

    Aetna Life Insurance Co. is violating federal benefits law by being stingy when it comes to covering physical therapy and taking an overly narrow view of what qualifies as "medically necessary," according to a proposed class action filed in Connecticut federal court.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

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    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • ERISA Ruling Signals Change In 5th Circ. Preemption Analysis

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    The Fifth Circuit’s decision in Dialysis Newco v. Community Health Systems that the Employee Retirement Income Security Act preempts a Tennessee law barring anti-assignment clauses in insurance policies acknowledges a shift toward preemption established by the U.S. Supreme Court's 2016 Gobeille opinion, say Thomas Hardy and Martin Bishop at Reed Smith.

  • 5 Steps Toward Broker Conduct Rule Compliance

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    As the June 30 deadline to comply with the U.S. Securities and Exchange Commission's Regulation Best Interest approaches, broker-dealers must start translating their implementation strategies into concrete actions, say attorneys at Eversheds Sutherland.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Opinion

    Proxy Advisers Should Be Designated ERISA Fiduciaries

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    With Eugene Scalia confirmed as the U.S. secretary of labor, his department should prioritize designating proxy advisers — the primary provider of shareholder voting recommendations — as investment advice fiduciaries to protect Employee Retirement Income Security Act plan beneficiaries, says Bernard Sharfman of the Main Street Investors Coalition advisory council.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • 8 Best Practices For Handling ERISA Benefit Claims

    Excerpt from Lexis Practice Advisor
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    A plan fiduciary's failure to implement Employee Retirement Income Security Act-compliant health and disability benefit claims procedures can have costly consequences, but several key steps, including internal review of denied claims, can protect against exposure, say Michael Graham and Leigh Jahnig at Jenner & Block.

  • Roundup

    Pursuing Wellness

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    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

  • High Court Term Could Shape Future Of ERISA Litigation

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    The number of Employee Retirement Income Security Act cases before the U.S. Supreme Court this term — three so far — reflects the continuing proliferation of litigation over retirement plans and increasing divisions among the courts of appeals over the proper interpretation of the statutory requirements, say attorneys at King & Spalding.

  • How BigLaw Is Adapting To Plaintiff-Side Litigation

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    While many have treated Kirkland & Ellis' recent creation of a contingency fee-based plaintiffs practice as market disruptive, it is another manifestation of forces that have been changing the business of BigLaw for some time, says Elizabeth Korchin at Therium Capital Management.