Benefits

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    ​​​​​​​Labaton Sucharow Takes Lead In WWE Stock-Drop Suit

    A New York federal judge on Friday named Labaton Sucharow LLP lead counsel in a consolidated proposed stockholder class action that alleges World Wrestling Entertainment Inc. hid souring relations with Saudi Arabia from investors, caused the stock price to drop when the facts came to light.

  • May 26, 2020

    Investors Seek To Wrap $95M Deal On Bond Price-Fix Claims

    Investors accusing Bank of America, Deutsche Bank and HSBC of rigging the market for bonds issued by foreign governments are urging a New York federal court to approve a proposed allocation of the $95.5 million in settlements reached with the banks over the proposed class action.    

  • May 26, 2020

    Judge Makes Schlichter Bogard $5M Fee Offer It Won't Refuse

    Schlichter Bogard & Denton LLP and two other firms will receive nearly $5.25 million in fees after a federal judge during a hearing Tuesday offered the attorneys representing Massachusetts Institute of Technology workers in an $18 million ERISA settlement a choice: take the deal or pay for a special master.

  • May 26, 2020

    United Strikes Deal To End Pilots' Military Leave Class Action

    United Airlines Inc. has reached a deal to resolve a class action accusing it of violating federal law by failing to factor pilots' military leave time into their pension calculations. 

  • May 26, 2020

    Shearman Guides $80M Investment In Benefits Co.

    Employee benefits company Benefitfocus said Tuesday investment group BuildGroup was taking an $80 million stake in the business in a deal led by Shearman & Sterling LLP and North Carolina firm Wyrick Robbins Yates & Ponton LLP.

  • May 26, 2020

    Uber Drivers Sue New York To Get Unemployment Benefits

    Drivers for Uber and other app-based car services have sued the Empire State in federal court, alleging the labor department has slow-walked their claims for emergency unemployment benefits during the coronavirus pandemic by treating them as independent contractors.

  • May 26, 2020

    5th Circ. Won't Revive Phillips 66 Workers' ERISA Suit

    The Fifth Circuit affirmed Phillips 66's win in a proposed class action alleging the oil and gas company allowed employees to invest their retirement savings too heavily in Phillips' former parent company despite knowing the stock was a risky investment.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Goldman Class Cert. Ruling Has COVID-19 Implications: Amici

    A group of law professors and former SEC officials said Friday that the Second Circuit's recent split-panel ruling against Goldman Sachs in a heavily watched class certification fight creates risks to public companies that are now exacerbated by the COVID-19 crisis.

  • May 22, 2020

    Mass. Lyft Drivers Get Boost, But No Employee Status Just Yet

    A Massachusetts federal judge said that Lyft drivers suing to gain employee status have a good shot at proving they're being misclassified as independent contractors, but they haven't shown they've been irreparably harmed enough to justify an emergency preliminary injunction amid the pandemic.

  • May 22, 2020

    8th Circ. Revives Washington U. Workers' ERISA Suit

    The Eighth Circuit partially revived a proposed ERISA class action against Washington University in St. Louis on Friday, saying a lower court correctly tossed claims that the school's retirement plan held on to underperforming investments but shouldn't have dismissed allegations that the plan's fees were too high.

  • May 22, 2020

    Mining Co. Owes $115M Withdrawal Penalty To Pension Plan

    A D.C. federal judge on Friday granted a union pension plan's bid to enforce an arbitration award upholding a $115 million withdrawal liability penalty against a PacifiCorp subsidiary, saying the plan's actuary's methods and assumptions were reasonable under federal benefits law.

  • May 22, 2020

    Alaska Air Pilot Wins Class Status For Military Bias Suit

    A Washington federal judge on Friday granted class status to a suit accusing Alaska Airlines of unlawfully denying pilots accrued vacation or sick time while out on military assignments, after the airline and the pilot who sued agreed on narrower class definitions.

  • May 22, 2020

    New ERISA Suits Could Clarify Plans' Cybersecurity Duties

    A handful of recent lawsuits challenging retirement plan managers' lax cybersecurity policies and use of workers' data for marketing purposes could shed light on an area of the Employee Retirement Income Security Act that has long been shrouded in mystery: employers' cybersecurity and data privacy obligations.

  • May 22, 2020

    Job Market Withdrawal Voids Workers' Comp, Pa. Panel Says

    A Pennsylvania appeals court ruled Friday that a former Koninklijke Philips NV subsidiary employee who withdrew from the workforce in part due to an on-the-job shoulder injury and in part to help care for his children was not entitled to receive workers' compensation benefits.

  • May 22, 2020

    4 Questions Workers Have About Reopening In A Pandemic

    As employers in many parts of the country get back to business, workers are pondering tough questions, including whether they can refuse to work if they feel unsafe and what happens to their unemployment benefits if they do. Here, Law360 looks at four key questions workers have on their minds.

  • May 22, 2020

    $38M In Ch. 11 Bonuses OK'd For Frontier Execs

    A New York bankruptcy judge on Friday approved nearly $38 million in bonus payments for Frontier Communications Corp. executives, saying the boosted pay appears to be in line with industry standards and not earmarked for company insiders.

  • May 22, 2020

    Virus Derails Cornell Retirement Plan Trial For Now

    Workers accusing Cornell University of saddling their retirement plans with unreasonable record-keeping fees will have to wait an "unknowable amount of time" before they can take their remaining claims to trial due to the coronavirus pandemic, a New York federal judge has ruled.

  • May 21, 2020

    Lowe's, Insurance Adjuster Beat Worker's Bad Faith Claim

    A Delaware Superior Court judge on Wednesday threw out a Lowe's worker's bad faith action against her employer and an insurance adjuster, ruling that she had already settled an earlier claim over the same work-related injury and is therefore barred from pursuing another.

  • May 21, 2020

    Investors' Attys Get $11M After Settlement With ER Operator

    A Texas federal judge has signed off on an $11 million fee award for the attorneys who helped investors reach a $44 million settlement with Adeptus Health in their suit accusing the emergency room operator of misleading them in securities offerings.

  • May 21, 2020

    UK Finance Cos. Can Deduct Stock Option Debits, Court Rules

    Two U.K.-based financial companies can deduct debits resulting from stock option grants to their employees for the purpose of calculating their profits for the country's corporation tax, England and Wales' second-highest court said Thursday.

  • May 21, 2020

    US Trustee Balks At Borden's Ch. 11 Executive Bonus Plans

    The U.S. Trustee's Office Thursday asked the Delaware bankruptcy court to reject milk producer Borden Dairy Co.'s request to pay up to $2 million in bonuses to top executives, saying the company has not justified the payments in light of the COVID-19 pandemic.

  • May 21, 2020

    Another Round Of Virus Relief Likely Needed, Mnuchin Says

    Congress will likely need to pass more legislation to provide relief from the economic devastation caused by the novel coronavirus pandemic, Treasury Secretary Steven Mnuchin said Thursday.

  • May 21, 2020

    Drug Buyers' Retooled $34M Celgene Deal Wins Initial OK

    A New Jersey federal judge has given the preliminary green light to a $34 million deal between drug buyers and Bristol-Myers Squibb unit Celgene over allegations the drugmaker illegally monopolized a pair of cancer treatments.

Expert Analysis

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Key Tax Factors To Consider Before Accepting PPP Loans

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    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Navigating Calif. Wage And Hour Issues Related To COVID-19

    Excerpt from Lexis Practice Advisor
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    Attorneys at Sheppard Mullin discuss the wage and hour challenges California employers may face during the COVID-19 pandemic and break down the Department of Industrial Relations’ FAQs about its enforcement positions.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Recovering Businesses Should Consider Adopting Incentives

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    While much of the focus today is on restarting the economy and developing action plans to reopen businesses, history outside of corporate America teaches us important lessons on how incentives, not just rules, can drive effective outcomes, say members of Cleary, Seyfarth and Frederic W. Cook & Co.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Anticipating The Top 4 COVID-19 Employment Claims

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    Several trends taking shape among early claims against employers related to COVID-19 provide guidance for handling Families First Coronavirus Response Act paid leave, Americans with Disabilities Act and Family and Medical Leave Act obligations, and discrimination and wage and hour issues, says Lariza Hebert at Fisher Phillips.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Case Law May Guide NY Employers On COVID-19 Bias Risks

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    With New York's Human Rights Laws extended to cover COVID-19-related discrimination, employers can look to prior court opinions involving analogous claims for guidance on limiting their liability, says Matthew Marcucci at Meyer Suozzi.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

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