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Benefits

  • June 24, 2019

    Fed. Circ. OKs VA's Return To Disputed Benefit Approach

    The U.S. Department of Veterans Affairs acted reasonably when it amended a disability benefits rule to reinstate its position that the "synergistic impact" of multiple disabilities cannot be considered in extraordinary benefit determinations, the Federal Circuit ruled Monday.

  • June 24, 2019

    4 Highlights As Trump Orders Health Price Transparency

    President Donald Trump on Monday directed federal regulators to force greater disclosure of prices charged by hospitals, predicting that "the cost of health care will go way, way down" as a result. Here, Law360 explores four highlights from Trump’s executive order, which quickly proved controversial.

  • June 24, 2019

    Abiomed Asks 1st Circ. Not To Revive Exec's $5M Bonus Suit

    A former Abiomed executive didn’t come close to achieving a career milestone worth $5 million in shares, the medical implant maker has told the First Circuit, saying the company wasn’t "on the brink" of a key regulatory approval when it canned him.

  • June 24, 2019

    Gucci To Pay $800K To End ERISA Plan Mismanagement Suit

    Gucci and a former employee on Friday asked a New Jersey federal court judge to sign off on an $800,000 deal to end an Employee Retirement Income Security Act suit claiming an employee pension benefit plan was mismanaged, emerging with a deal seven months after entering mediation.

  • June 24, 2019

    Drugmakers' Emails, Calls Show Price-Fix Coverup, AGs Say

    Unredacted emails and phone records show Teva Pharmaceuticals, Pfizer Inc. and 18 other major U.S. drug manufacturers conspiring in an industrywide price-fixing scheme to keep the cost of hundreds of generic drugs artificially high, according to a complaint unsealed Monday by the Maryland attorney general's office.

  • June 24, 2019

    Ex-Player Injured In Car Accident, Not On Field, NFL Says

    The National Football League's retirement and disability plans hit back on Monday against a former player accusing them of cheating him out of retirement benefits, claiming instead that the ex-lineman deliberately hid information about an auto accident and attributed injuries from that accident to his playing days.

  • June 24, 2019

    High Court Won't Consider Investors' Toshiba ADR Dispute

    Siding with the recommendation of the solicitor general, the U.S. Supreme Court declined to review the revival of an investor suit over plunges in the price of Toshiba shares that are sold in the U.S.

  • June 24, 2019

    High Court Says 'Blue Water' Vet Case No Longer Necessary

    The U.S. Supreme Court on Monday ruled it no longer needed to consider a previously granted case over benefits for "blue water" Navy veterans exposed to toxic chemicals during the Vietnam War, after recent actions by the Federal Circuit and Congress supporting veterans' long-fought bid for benefits.

  • June 24, 2019

    Justices Want SG's Take On Catholic Church Pension Fight

    The U.S. Supreme Court asked the solicitor general on Monday for input on whether the justices should agree to hear a challenge to court orders forcing Catholic parishes and entities in Puerto Rico to sell off assets to meet $4.7 million in pension obligations.

  • June 24, 2019

    High Court Passes On Bankrupt Coal Co. Benefits Case

    The U.S. Supreme Court on Monday turned away two health benefit funds' bid for review of an Eleventh Circuit ruling that allowed a bankrupt coal company to sell its assets to buyers that refused to pick up the tab for retired coal miners' health care.

  • June 24, 2019

    9th Circ. Won't Rethink Gay Widower's Pension Win

    The Ninth Circuit has denied a bid from a California television station to rethink a panel decision that cleared the way for the gay widower of a former employee to receive spousal pension benefits.

  • June 24, 2019

    'Bait And Switch' Or 'Bailout?' Justices Take $12B ACA Row

    The U.S. Supreme Court on Monday agreed to scrutinize Congress’ refusal to authorize $12 billion in expected funding for an Affordable Care Act stabilization program aimed at encouraging sales by health insurance companies during the law’s first few years.

  • June 21, 2019

    P&G Prevails In ERISA Suit Over Disability Benefits

    Procter & Gamble did not break the law by ending an employee's partial disability benefits, a Missouri federal judge has ruled, finding that the benefits plan allowed the cancellation and the employee didn't adequately show he was more than partially disabled.

  • June 21, 2019

    5 ERISA Cases To Watch In The 2nd Half Of 2019

    Federal appellate courts could greatly limit workers’ ability to win class actions against benefit plans — or even file them at all — over the next several months. Here, Law360 lists five Employee Retirement Income Security Act cases that attorneys should have on their radar.

  • June 21, 2019

    Worker Denied Comp After Failing To Prove Injury At Refinery

    A construction worker is not entitled to workers' compensation for shoulder and back injuries he claims he received at a Phillips 66 refinery because he didn't prove he got hurt at work, an Illinois appellate court has ruled.

  • June 21, 2019

    Chancery OKs $7.9M Fee For Investors Bancorp Class Attys

    The Delaware Chancery Court awarded nearly $7.9 million in fees Friday to attorneys who won a reversal of stock awards issued to Investors Bancorp directors and officers in 2015, trimming what had been a $10.9 million fee request but rejecting the bank's call to grant just $1.9 million.

  • June 21, 2019

    JPMorgan Adds Benefits For Nontraditional, LGBTQ Families

    JPMorgan Chase has expanded its benefits policy to include coverage for fertility services like in vitro fertilization and reimbursements for surrogacy assistance to support nontraditional and LGBTQ families, according to an employee memo obtained Friday by Law360.

  • June 21, 2019

    Podhurst Wins Atty Fees Dispute In NFL Concussion MDL

    A Pennsylvania federal magistrate judge has recommended that Podhurst Orseck PA receive 20% of a former NFL player's settlement award in multidistrict litigation over concussion injuries related to play on the field, rejecting the player's contention that he did not hire the firm to individually represent him.

  • June 21, 2019

    Generic Drug Cos. Still Trying To Rein In AG Disclosures

    The cat's out of the bag on a complaint from more than 40 state attorneys general accusing major drugmakers of orchestrating a sprawling scheme to fix the price of generics, but the companies are still trying to restrain the enforcers' public disclosures and rein in their "aggressive media strategy."

  • June 21, 2019

    Hospital Workers Say They Paid For Health Care, Got Nothing

    Hundreds of employees at a Kentucky hospital got an unwelcome surprise when they discovered that money deducted from their paychecks to fund their health plan had disappeared and they lacked health care coverage, according to a new Employee Retirement Income Security Act lawsuit.

  • June 21, 2019

    States Can't Tax Nonresident Trust Payments, Justices Say

    The U.S. Supreme Court ruled Friday that North Carolina violated the due process clause by taxing an out-of-state trust when the only connection between the state and trust was a beneficiary’s residence in North Carolina.

  • June 20, 2019

    Stretch IRA Limits May Put Damper On Small Biz Plans

    Retirement legislation making its way through Congress includes a revenue raiser that would prevent the beneficiary of a stretch IRA from receiving inherited account distributions over a lifetime, which could make retirement plan contributions less popular at smaller companies.

  • June 20, 2019

    9th Circ. Revives Trump's 'Gag Rule' On Abortion Referrals

    The Ninth Circuit on Thursday lifted a block to the Trump administration's "gag rule" barring federally funded health care providers from giving abortion referrals, holding that the U.S. Department of Health and Human Services was likely to prove the rule is valid.

  • June 20, 2019

    Retiree Benefits Committee OK'd In Sears Ch. 11

    A New York bankruptcy judge Thursday found an official committee will be needed to deal with a challenge to Sears Holding Corp.'s termination of life insurance policies for tens of thousands of retirees.

  • June 20, 2019

    2nd Circ. Won't Touch Cornell's Cert. Challenge In ERISA Suit

    The Second Circuit won't review a lower court's decision to certify a class of roughly 28,000 current and former Cornell University workers in an ongoing Employee Retirement Income Security Act suit alleging the school mismanaged their retirement savings.

Expert Analysis

  • 5 Lessons From JPMorgan's Parental Leave Litigation

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    In light of JPMorgan Chase's recent $5 million settlement in a class action alleging sex discrimination in its parental leave policy, employers should proceed with caution when it comes to policies that differentiate between primary and nonprimary caregivers, says Alexandra Harwin of Sanford Heisler.

  • Confusion In SEC Conduct Standard For Investment Advisers

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    The U.S. Securities and Exchange Commission's recent explanation of investment advisers' fiduciary duties to clients may have merely clarified what has always been the position of the SEC, but critical ambiguities remain, say Richard Marshall and David Dickstein at Katten Muchin.

  • 3 Key Elements In Connecticut's Paid Family Leave Law

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    Connecticut’s General Assembly recently passed what appears to be the most generous paid family leave bill in the country. If signed by Gov. Ned Lamont it will implement a paid family leave insurance program, an approach that differs from several other states’ laws, say Sharon Bowler and Jason Stanevich at Littler.

  • Financial Services Regulation For Fintech Companies: Part 2

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    In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Financial Services Regulation For Fintech Companies: Part 1

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    Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Opinion

    Calif. 'Surprise Billing' Law Could Jeopardize Access To Care

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    Currently pending legislation in California, aiming to prevent patients from receiving surprise bills from out-of-network hospitals, could jeopardize the financial viability of hospitals while benefiting insurance companies that are already very profitable, say Daron Tooch of King & Spalding and Chris Fritz and Michael Heil of HealthWorks.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Why Association Health Plans Are Still A Great Idea

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    Notwithstanding a recent federal court decision undercutting the U.S. Department of Labor’s association health plan rules, as well as constitutional challenges to the Affordable Care Act that may affect the legality of some plans, employer groups should consider forming AHPs, says Jewell Esposito of FisherBroyles.

  • Can The Affordable Care Act Survive The Latest Challenge?

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    With Texas v. U.S. likely headed to the U.S. Supreme Court, the court’s reasoning in prior Affordable Care Act litigation offers insight into whether the ACA minus the individual mandate can withstand this constitutional challenge, say Michael King and Emily Felder of Brownstein Hyatt.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.