A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.
The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.
A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.
OSF HealthCare System urged an Illinois federal judge to toss a proposed class action accusing it of failing to properly fund its retirement plans while wrongly claiming a religious exemption in the Employee Retirement Income Security Act, arguing that the participants bringing the suit didn’t “meaningfully address” a relevant Tenth Circuit ruling.
A Delaware Chancery Court judge expressed confusion Friday over the nature of a settlement proposed among a shareholder of Goldman Sachs Group Inc. and the company's directors, saying the deal didn't make sense and didn't offer a balanced result because the board members weren't giving up the stock awards at the center of the excessive compensation complaint.
A California federal judge has trimmed fiduciary duty and failure to monitor claims from a proposed class of plan participants accusing Charles Schwab & Co. Inc. of mismanaging its retirement savings and investment plan, but allowed prohibited transaction claims against the company to proceed.
Kentucky’s attorney general urged the state’s highest court Thursday to topple a controversial pension reform law backed by the state’s governor, arguing that the law’s last-minute passage flouted the Kentucky Constitution, which the high court has a “sacred duty” to enforce.
HD Supply Holdings Inc. cannot squash a securities suit accusing the company and executives of lying about inventory setbacks after a Georgia federal judge found that the proposed class presented enough evidence that the alleged lies caused a 20 percent drop in stock price.
Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.
The Internal Revenue Service made waves recently by clarifying that a 401(k) plan sponsor may provide matching employer contributions based on employees' student loan repayments, but such programs could still run afoul of regulations if they discriminate in favor of highly compensated employees.
American Century on Thursday asked a Missouri federal judge to strike certain portions of the testimony of an expert witness in an Employee Retirement Income Security Act class action brought by former employees, a move made the same day a bench trial in the case finished up.
A proposed class of 401(k) participants with investments in Principal Global’s target fund date products urged an Iowa federal judge on Wednesday not to toss their Employee Retirement Income Security Act suit against the company, pointing to a recent ruling that allowed certain ERISA claims against M&T Bank.
A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.
BHP Billiton Ltd. and BHP Billiton PLC have agreed to pay $50 million in cash to end a consolidated investor suit in New York alleging the mining giant lied about lax safety standards at a Brazilian processing facility before a massive dam breach, according to documents filed Wednesday.
New York University has called for sanctions against the NYU workers and attorneys behind a now-dismissed proposed class action alleging Employee Retirement Income Security Act violations, arguing in New York federal court that their suit had been an attempt to avoid unfavorable rulings in an earlier, identical case.
A company accused of profiting by pushing homeowners into foreclosure after the housing bubble burst should have to face claims that its alleged actions violated the Employee Retirement Income Security Act, and companies that helped or watched should too, a pension fund told a New York federal judge Wednesday.
The Fourth Circuit held Wednesday that employers who flout the Age Discrimination in Employment Act are required to provide monetary relief to the workers they harm, reversing a Maryland federal judge’s characterization of the relief as voluntary in a long-running case against Baltimore County.
A New York federal court on Tuesday granted certification to a class of Inovalon Holdings Inc. investors that allege the technology company filed a prospectus ahead of its initial public offering that misled investors regarding the company's revenue stream, while also dismissing some claims on the grounds that the shares were not purchased during the offering.
An Ohio bankruptcy judge denied FirstEnergy Corp.'s bankrupt nuclear generation unit permission to pay its employees up to $100 million in retention bonuses, saying Tuesday that the company hadn’t given sound reasons to exclude union workers from the plan.
Workers suing Duke University gave a North Carolina federal judge a “road map” of their class claims that the school mismanaged their retirement savings and refused to correct an unreasonable record-keeping arrangement until it was sued, telling the judge Tuesday that Duke is reworking the plan for 2019.
Much time and attention has been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.
While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.
With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.
In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.
The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.
To attract talent in a competitive market, some employers may add creative stock and bonus compensation programs to thier benefits packages. They should keep in mind that adding stock options can trigger a multitude of legal rules and restrictions, say Amy Bowler and Beth Nedrow of Holland & Hart LLP.
The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.
Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. However, based on a Tennessee federal court's recent decision in Torres v. Precision Industries, for unauthorized workers this rule is now seriously in question, say David Johnson and Todd Photopulos of Butler Snow LLP.
In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.