Benefits

  • September 27, 2022

    9th Circ. Upholds Pilots Union Win In Seniority Credits Dispute

    The Ninth Circuit on Tuesday upheld a win for an American Airlines pilots union in a class action brought by regional pilots who were denied seniority credits, holding a lower court correctly found the pilots couldn't demonstrate that discrimination by the union caused them to lose out on benefits.

  • September 27, 2022

    The High Court Cases Health And Life Sci Attys Are Watching

    The U.S. Supreme Court will kick off its new term by scrutinizing the litigation rights of nursing home residents and the False Claims Act powers of the U.S. Department of Justice, and the justices are also signaling interest in other FCA disputes, Uncle Sam's rulemaking authority and advertising by drug and device lawyers.

  • September 27, 2022

    Pa. Court Upholds Quarantine Pay For Allegheny Jail Staff

    A Pennsylvania state court judge upheld an arbitrator's award that gave union members at the Allegheny County Jail paid time off when they had to quarantine after being exposed to COVID-19, finding that the additional benefits had roots in the union's contract.

  • September 27, 2022

    Workers Sue Wells Fargo On Heels Of $145M DOL Settlement

    Former Wells Fargo workers hit the banking giant with a proposed class action claiming it violated federal benefits law by overcharging their 401(k) plan for stock options, two weeks after Wells Fargo agreed to pay $145 million following a U.S. Department of Labor probe into the plan's management.

  • September 27, 2022

    MVP: Skadden's Page W. Griffin

    Page Griffin of Skadden Arps Slate Meagher & Flom LLP served as lead benefits counsel to Elon Musk in his $44 billion attempted purchase of Twitter and advised Activision Blizzard on executive compensation and benefits aspects during its acquisition by Microsoft, earning him a spot as one of Law360's 2022 Benefits MVPs.

  • September 26, 2022

    Robbins Geller Nets $11M From Bank OZK Investor Settlement

    An Arkansas federal judge has granted final approval to a $45 million settlement that ends a lawsuit accusing Bank OZK of misleading investors about the health of two real estate loans and awarded the lead plaintiff's counsel, Robbins Geller Rudman & Dowd LLP, $11 million plus expenses for working toward a "well-above-average" settlement. 

  • September 26, 2022

    MGM Workers Can't Get Damages For UBS Fees In 401(k) Suit

    A Nevada federal court has granted MGM Resorts International's request to prevent a proposed class of workers from receiving damages related to fees from UBS in their suit alleging mismanagement of their 401(k) plan.

  • September 26, 2022

    Stay Mulled In Del. Suit Targeting Walmart Opioid Damages

    Attorneys for Walmart stockholders were pressed by a Delaware vice chancellor Monday to explain why their massive opioid prescription oversight failure suit against the company shouldn't be stayed while pending U.S. Department of Justice action moves forward.

  • September 26, 2022

    Discovery Investor Sues Over HBO Max's Financial Struggles

    The $43 billion tie-up between media giants Discovery Inc. and Warner Bros. is facing court scrutiny with a proposed class action accusing Discovery of keeping investors in the dark about the flagging performance of Warner's streaming service HBO Max.

  • September 26, 2022

    10th Circ. Backs United Airlines In Ex-Worker's FMLA Battle

    The Tenth Circuit refused Monday to revive a former United Airlines employee's claims that she was fired for taking federally protected leave, holding that a district court correctly reasoned that a supervisor's alleged bias couldn't be imputed to the airline.

  • September 26, 2022

    Amazon Says Ex-Workers Can't Lead Military Service Bias Suit

    Amazon urged a Washington federal court to toss a lawsuit alleging it discriminates against service members by firing those who take time off for military leave, arguing that the two former workers who brought the suit forward are unqualified to lead the suit.

  • September 26, 2022

    NBA Health Fraud Prosecutors Misled Grand Jury, Court Told

    Attorneys for three former NBA players charged in a sweeping set of indictments alleging they submitted false invoices to defraud the league's health plan claim federal prosecutors in New York misunderstood the plan's structure and misled the grand jury.

  • September 26, 2022

    Asset Manager Wrongly Nixed Long-COVID Benefits, Suit Says

    A Massachusetts investment management employee who contracted COVID-19 and suffered debilitating long-term symptoms for more than a year is seeking back pay after his disability payments were canceled during his recovery, according to a federal complaint.

  • September 26, 2022

    Catching Up With Delaware's Chancery Court

    The First State's court of equity took on a lot last week, roundly rejecting a shareholder's settlement, putting a deal for a cellphone tower builder on hold, highlighting a gap in a board's accountability for sexual harassment, and denying a famous billionaire a do-over in discovery. Get ready for the week ahead by catching up on what you missed in your weekly wrap-up of news from the Delaware Chancery Court.

  • September 26, 2022

    Deputy Fights To Claw Back Costs For Gender-Affirming Care

    A deputy sheriff who convinced a Georgia federal judge to rule that a county's refusal to cover gender transition surgery was illegal told the court that Anthem Blue Cross Blue Shield must cover the expenses she has already incurred for her gender-affirming treatment.

  • September 26, 2022

    MVP: Paul Weiss' Jean McLoughlin

    Jean McLoughlin of Paul Weiss Rifkind Wharton & Garrison LLP's executive compensation practice group guided Nuance through its $19 billion sale to Microsoft and advised General Electric in the $30 billion merger of its jet leasing unit with an Irish company, earning her a spot as one of Law360's 2022 Benefits MVPs.

  • September 23, 2022

    Stockholders Reach Far For Damages In Chancery Opioid Suit

    An attorney for stockholders suing AmerisourceBergen Corp.'s top executives and directors to recover damages for the company in the wake of the opioid epidemic told a Delaware vice chancellor Friday that damage claims could stretch back several years.

  • September 23, 2022

    $2M Deal Gets Blessing In DOL's Self-Dealing ERISA Suit

    A New Jersey-based international design firm, its owner and her husband will pay more than $2 million to resolve U.S. Department of Labor allegations they mishandled the assets of the company's retirement plan by investing funds in banks tied to the husband, according to a settlement approved Friday.

  • September 23, 2022

    5 Parity Cases Benefits Lawyers Should Watch

    A group of lawsuits percolating up through the courts from patients who say insurers violated federal law by skimping on coverage for mental health and substance use disorder treatments will shed light on what such cases need to survive and what remedies plaintiffs can win, attorneys say.

  • September 23, 2022

    9th Circ. Overturns Insurer's Win In ERISA Benefits Suit

    The Ninth Circuit reversed a lower court's decision upholding a Hartford unit's termination of long-term disability coverage to a medical device technician who left work due to back pain, saying the insurer didn't do enough to fully investigate the worker's job duties.

  • September 23, 2022

    Cleveland Orchestra Settles Transgender Worker's Suit

    The Cleveland Orchestra on Friday settled a lawsuit filed by a transgender employee after it agreed to cover medical care associated with her gender-affirming surgery, something it previously refused.

  • September 23, 2022

    Guess Board Ignored Exec's Harassment, Del. Suit Alleges

    Board members at Guess Inc. have tolerated "sustained, despicable, and abusive sexual misconduct" by the fashion company's co-founder Paul Marciano for more than four decades, harming the company and its shareholders through their continued inaction, a Delaware Chancery Court complaint alleges.

  • September 23, 2022

    MVP: Mayer Brown's Nancy Ross

    Mayer Brown LLP's Nancy Ross won summary judgment rulings ending Employee Retirement Income Security Act suits against Northrop Grumman and AT&T, along with dismissals for several employers facing 401(k) challenges, all while leading her firm's ERISA litigation practice, landing her a spot among Law360's 2022 Benefits MVPs.

  • September 23, 2022

    Pipe Co. Gets Worker Stock Buyback Suit Sent To Arbitration

    Piping company ISCO Industries Inc. convinced a Kentucky federal judge to toss a lawsuit alleging the company's owners and executives underpaid workers in a $96.6 million stock buyback deal, rejecting workers' argument that their claims shouldn't go to arbitration because they didn't involve their jobs.

  • September 22, 2022

    Chicago Urges Court Not To Revive Genetic Bias Damages Bid

    The city of Chicago told an Illinois federal judge that workers cannot restore claims for cash damages in their suit alleging that a city wellness program violated federal genetic discrimination law, saying the workers' bid to reinstate the claims is untimely and baseless.

Expert Analysis

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • SEC Rules Amplify Proxy Contest Threats For Cos.

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    New U.S. Securities and Exchange Commission rules requiring the use of universal proxy cards in director election contests at publicly traded companies, which became effective this month, may open floodgates for special interest groups and shareholder activism efforts, say attorneys at Sidley.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • 2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment

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    The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • 7th Circ. 401(k) Ruling Supports Early ERISA Claim Dismissal

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    The Seventh Circuit’s recent dismissal of 401(k) mismanagement and excessive fee claims in Albert v. Oshkosh may allay concerns that the U.S. Supreme Court's opinion in Hughes v. Northwestern University would influence courts to deny dismissal motions in similar Employee Retirement Income Security Act cases, say attorneys at Proskauer.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • What SEC's Final Exec Comp Disclosure Rule Means For Cos.

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    The U.S. Securities and Exchange Commission recently adopted new regulations requiring companies to justify executive pay to shareholders by comparing it to financial performance, meaning companies ought to consider the new requirements quickly to avoid delaying their annual proxies, and discuss the implications with relevant committees, say Brian Soares and Celia Soehner at Morgan Lewis.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • 4th Circ. Ruling Won't Safeguard Life Insurance Under ERISA

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    The Fourth Circuit's recent decision in Bellon v. PPG Employee Life, finding that life insurance benefits had vested for certain employees, is a limited exception to a strong trend of courts reading the Employee Retirement Income Security Act to generally countenance the elimination of life insurance coverage for retirees, says Elizabeth Hopkins at Kantor & Kantor.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

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