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Benefits

  • July 20, 2018

    Boeing Must Face Suit Over Benefits After Kan. Plant Sale

    A Kansas federal judge ruled Friday that Boeing Co. must face claims that the company’s treatment of workers’ benefits after it sold a Kansas plant to Spirit AeroSystems Inc. in 2005 violated the Employee Retirement Income Security Act, and Boeing cannot hold five separate trials to resolve the allegations.

  • July 20, 2018

    Stroock Picks Up Partners From Steptoe, Morgan Lewis

    Stroock & Stroock & Lavan LLP has continued its expansion by hiring two partners, bringing the total number of partners hired this year to seven while adding manpower to the firm's benefits and capital markets practice areas. 

  • July 20, 2018

    Harvard Pilgrim Must Face Mental Health Discrimination Suit

    A Massachusetts federal judge on Friday allowed a woman to move forward with a proposed class action claiming an insurance plan from Harvard Pilgrim Health Care Insurance Co. that covers medical expenses at nursing homes must also cover mental health care at her son's behavior-correcting summer camp.

  • July 20, 2018

    Gov't To Pay Cenveo $5.5M Over Pulled Census Contract

    Bankrupt envelope and printed product manufacturer Cenveo has asked a New York bankruptcy court to approve a settlement that would see the federal government pay $5.5 million to terminate a contract related to the 2020 U.S. Census.

  • July 20, 2018

    Wells Fargo Suit Doesn't Fall Under ERISA, Judge Says

    A federal judge in Minnesota on Thursday dismissed Wells Fargo retirement plan participants' claims without a chance to revise, finding that their suit over losses the plans suffered after the bank copped to unethical sales practices doesn't fall under the Employee Retirement Income Security Act.

  • July 20, 2018

    BCBS Affiliates Say Venue Still Wrong In ERISA Suit

    Numerous Blue Cross Blue Shield affiliates urged a Texas federal judge to toss an amended suit accusing them of flouting the Employee Retirement Income Security Act by denying or reducing reimbursements for certain out-of-network claims, arguing that the hospitals failed to fix the venue issues found in their first complaint.

  • July 20, 2018

    United, Next Health Denied Dismissals In $100M Fraud Suit

    A Texas federal judge did not let either United Healthcare or Next Health escape a suit claiming Next Health ran a $100 million kickback scheme, denying in part Next Health’s motion to dismiss United’s complaint while denying United’s motion to dismiss Next Health’s counterclaims.

  • July 19, 2018

    NY Appeals Board Agrees That Uber Drivers Are Employees

    The New York State Unemployment Insurance Appeal Board affirmed an administrative law judge’s determination that three former Uber Inc. drivers and those similarly situated were employees for the purpose of receiving unemployment benefits, rejecting the ride-hailing giant’s bid to withdraw its appeal, the New York Taxi Workers Alliance announced Thursday.

  • July 19, 2018

    Capital One Worker Says Cancer-Related PTO Led To Firing

    A former employee of Capital One’s automotive lending unit told a Texas federal court Thursday that he was wrongly fired for being late on two days for reasons that were related to his cancer. 

  • July 19, 2018

    Benefits Legislation Lawyers Should Keep An Eye On

    Workers’ health care and retirement benefits have been a hot topic on Capitol Hill recently, with the past two weeks bringing the introduction of bipartisan pension bills, movement on legislation dealing with the employer mandate and health savings accounts, and a report on a proposal to save the struggling multiemployer pension system. Here, Law360 looks at seven bills benefits attorneys should have on their radar.

  • July 19, 2018

    MFS Must Face ERISA Suit Alleging Self-Serving Investments

    A Massachusetts federal judge on Thursday allowed a former finance employee to pursue claims that MFS Investment Management put nearly every dollar of its workers’ retirement savings into the company’s own mutual funds, passing up nonproprietary alternatives to the participants’ detriment since 2011.

  • July 19, 2018

    Medtronic Strikes $43M Deal To End Stock-Drop Suit

    Medtronic Inc. investors asked a Minnesota federal judge on Wednesday for initial approval of a $43 million settlement they reached with the medical device maker after five years of litigation involving claims it manipulated studies for a bone graft product to drive up share prices.

  • July 19, 2018

    AT&T Gets 401(k) Mismanagement Claims Tossed, For Now

    A California federal judge has tossed a proposed class action alleging that AT&T Inc. wrongly saddled its $34 billion 401(k) plan with excessive costs and fees, finding the current and former employees didn’t demonstrate that they brought their claims in time.

  • July 19, 2018

    AT&T Retirees Say Pension Plan Shorted Them On Benefits

    An AT&T Inc. pension plan has been hit with a proposed class action in New York federal court from two former employees who alleged they were wrongfully denied retroactive early retirement benefits they accrued under an amendment to the plan.

  • July 18, 2018

    Biz Groups Ask 10th Circ. To Keep 401(k) Row Dead

    Business and insurance groups asked the Tenth Circuit on Tuesday not to revive a class action over how Great-West Life & Annuity Insurance Co. distributed investment profits to 401(k) plan participants, saying a Colorado federal judge correctly found Great-West's actions didn't violate the Employee Retirement Income Security Act.

  • July 18, 2018

    NY Kosher Food Co. Must Pay $1.6M In ERISA Suit

    A New York federal judge has granted a $1.6 million default judgment against a kosher food processor in a suit claiming it completely withdrew from paying into its employee pension plan, ruling the company has violated the Employee Retirement Income Security Act and still owes contributions to the plan.

  • July 18, 2018

    States' ACA Subsidy Suit Tossed After Workaround Found

    A California federal judge on Wednesday tossed a lawsuit by 20 states that attempted to block the Trump administration from cutting billions in Affordable Care Act subsidies, two days after the Democratic attorneys general who filed the suit said they no longer wished to pursue it because they had found a workaround.

  • July 18, 2018

    Dark Pools Must Disclose More Info Under New SEC Rules

    The U.S. Securities and Exchange Commission on Wednesday unanimously approved new rules designed to increase transparency for investors who trade stocks on alternative trading venues known as dark pools, with the commissioners urging similar changes in dark pool markets for fixed-income securities.

  • July 18, 2018

    Int'l Paper Co. Poised To Beat Suit Over Severance Deal

    An Ohio federal magistrate judge on Wednesday recommended denying a former International Paper Co. worker’s bid to duck a severance agreement barring her from bringing age bias claims, saying she doesn’t have an Employee Retirement Income Security Act claim against IP because she isn’t a member of its severance plan.

  • July 18, 2018

    SEC Adopts Rules Easing Disclosure On Equity Compensation

    The U.S. Securities and Exchange Commission on Wednesday, acting on congressional mandate, adopted rules that would double the amount of money that employers can grant their workers in equity-based compensation to $10 million annually before supplying increased disclosure.

Expert Analysis

  • Incentive Plans And Shareholder Approval After Tax Reform

    William Woolston

    Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Too Much Employer Stock? Don't Ignore Diversification

    Mark Poerio

    Despite recent warnings of the risks associated with executives feeling overly invested in their employer’s stock, some board members and compensation committees still turn a deaf ear to stock diversification programs that seem at odds with the idea of aligning executive interests with those of shareholders. Sometimes, however, the pendulum swings too far, says Mark Poerio of Wagner Law Group.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.