DOL Issues Mental Health Parity Enforcement Guidance

By Kellie Mejdrich

The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

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Philips North America Can't Shake 401(k) Fund, Forfeiture Suit

By Kellie Mejdrich

A Massachusetts federal judge opened discovery on allegations that Philips North America mismanaged its $5.7 billion employee 401(k) plan by offering an underperforming stable value fund and by misallocating forfeitures, ruling workers sufficiently backed up claims that the health technology and lighting giant violated federal benefits law.

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Biz Groups Ask 8th Circ. To Nix Wells Fargo ERISA Suit

By Grace Elletson

The U.S. Chamber of Commerce and two benefit advocacy groups urged the Eighth Circuit to back the dismissal of a suit claiming Wells Fargo allowed a pharmacy benefit manager to overcharge workers for generic drugs, arguing that employers shouldn't be penalized for general gripes about healthcare costs.

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Brief

$2.3M Nemours Foundation's ERISA Deal Clears 1st Hurdle

By Grace Elletson

A Florida federal judge has granted initial approval to a $2.3 million deal the Nemours Foundation reached with ex-workers who claimed their retirement plan was weighed down by excessive fees, nearly a year after the deal was first rejected by the court.

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Auto Industry Group Gets DOL Green Light For Health Plan

By Patrick Hoff

The U.S. Department of Labor's employee benefits arm said Tuesday that a group of retailers and repair centers associated with Napa Auto Parts is clear to establish a group health plan for its member employers, concluding the arrangement would be covered by federal benefits law.

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SEC Sues Proxy Adviser Firm ISS For Client Voting Records

By Jessica Corso

The U.S. Securities and Exchange Commission has asked a Pennsylvania federal court to enforce a subpoena against Institutional Shareholder Services, alleging the proxy advisory firm is improperly withholding information about the voting advice ISS gives institutional investors due to fears of retaliation.

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Ex-Geico Agents Can't Get More Discovery In Benefits Dispute

By MJ Koo

An Ohio federal court has blocked former Geico insurance agents from expanding the scope of discovery in their lawsuit claiming the insurer misclassified them as independent contractors and denied them employee benefits, finding their requests fell outside the boundaries set by an earlier court order.

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11th Circ. Says ACA Trans Care Rule Fight Is Moot

By Carolina Bolado

The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

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Biogen Must Face Pharmacies' MS Drug Monopoly Suit

By Celeste Bott

An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

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Freddie Mac Asks 6th Circ. To Rehear Financial Crisis Case

By Jessica Corso

Freddie Mac is urging the Sixth Circuit to reconsider its recent revival of a shareholder lawsuit dating to the 2008 financial crisis, arguing an appellate panel "usurped" the lower court's authority by allowing investors to argue for class certification a third time.

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ABA Law School Accrediting Arm Repeals Diversity Standard

By Emma Cueto and Andrea Keckley

The American Bar Association council responsible for law school accreditation voted Tuesday to eliminate its diversity and inclusion standard, the final step in a process that the council hopes will ensure it remains an accreditor recognized by the U.S. Department of Education.

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Ex-DLA Piper Partner Must Face Claim He Raped Associate

By Lynn LaRowe

A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

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5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

By Mike Curley

A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

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AG Blanche To Speak At GOP Midterm Convention

By Courtney Bublé

Attorney General Todd Blanche will speak at the Republican midterm convention this week in his "personal capacity."

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

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