Benefits

  • October 25, 2021

    Apollo Stockholder Sues For Books Over $640M Tax Payout

    An Apollo Global Management Inc. stockholder sued the private equity company Friday in Delaware Chancery Court seeking to inspect its books for alleged wrongdoing in relation to a $640 million tax payout to company insiders.

  • October 25, 2021

    2 Ex-NFLers Get Home Detention In $3.9M Health Plan Fraud

    Former NFL players Anthony Montgomery and Darrell Reid were the latest to be sentenced Monday for their roles in a $3.9 million scheme to defraud the league's health care system, receiving probation and home confinement.

  • October 25, 2021

    Insurer Says It Needn't Cover Ga. Solar Worker's Injury Suit

    Owners Insurance Co. asked a Georgia federal court for a declaration saying it shouldn't be forced to pay to defend or indemnify solar companies that have been accused by a worker who was electrified of providing poor training, arguing that the policies taken out don't cover workers' compensation.

  • October 25, 2021

    DC Circ. Mulls Fight Over $115M Pension Withdrawal Penalty

    A D.C. Circuit judge expressed skepticism Monday over a mining company's bid to undo a lower court order affirming a pension plan's $115 million withdrawal liability penalty against it, while also casting doubts on the pension plan's defense for using low withdrawal-liability discount rates.

  • October 25, 2021

    Massive Walgreens Worker Class Inks $13.75M 401(k) Deal

    A certified class of nearly 200,000 participants in a 401(k) plan asked an Illinois federal judge to greenlight their $13.75 million deal resolving claims that the pharmacy chain Walgreens cost workers $300 million by steering their retirement savings into mutual funds that brought subpar returns.

  • October 25, 2021

    Boeing Says Ex-Exec's Charges Don't Prove Securities Fraud

    The Boeing Co. is urging an Illinois federal court to ignore a bid by shareholders to include an indictment in the 737 Max case against a former executive as evidence in a securities fraud suit, saying the motion was not authorized and mischaracterizes much of the indictment to make its argument.

  • October 25, 2021

    Pension Fund Fights Penske's Suit Over Ouster Of Workers

    A Penske employee pension plan on Monday encouraged an Illinois federal judge to toss what it called a premature lawsuit from the rental truck company seeking to block the expulsion of a bargaining unit amid contract negotiations, explaining it hasn't made an expulsion decision yet.

  • October 25, 2021

    Attys For GreenSky Investors In IPO Suit Get $6.2M In Fees

    A New York federal judge on Friday granted a $6.2 million award to attorneys from Cohen Milstein Sellers & Toll PLLC and Scott + Scott Attorneys at Law LLP for their work securing a $27.5 million settlement between tech company GreenSky and a group of investors.

  • October 25, 2021

    Time Running Out For Puerto Rico Debt Plan, Judge Says

    The judge overseeing Puerto Rico's debt restructuring told the island's financial oversight board and its elected officials on Monday that dismissal of the case is on the table if they can't resolve their differences over pension language in a bond authorization bill.

  • October 25, 2021

    Union Beats Frito-Lay Worker's Fair Representation Suit

    A Bakery, Confectionery & Tobacco Workers and Grain Millers International Union local did not discriminate against or fail to represent a former Frito-Lay worker by failing to show him documents that would have convinced him to sign a severance package, a Kansas federal judge ruled Friday.

  • October 22, 2021

    NY Nurses, Investment Manager Spar Over Arbitration Award

    The trustees of a New York pension plan for nurses and one of the plan's investment managers are at odds over an August arbitration award, with the pension plan seeking about $140 million and the investment manager accusing the plan of mischaracterizing the award.

  • October 22, 2021

    Ex-Titans Player Dodges Prison In $3.9M Health Plan Scam

    Former Tennessee Titan Antwan Odom avoided prison time Thursday for his role in a $3.9 million scheme to bilk the league's health plan, with a Kentucky federal judge sentencing him to six months of home confinement.

  • October 22, 2021

    NFL To Stop Concussion Race-Norming In Unsealed Deal

    The NFL has formally agreed to stop the controversial use of race-based norms in cognitive testing for payouts from the uncapped concussion settlement and Black players will have an opportunity to have their claims reviewed, though it could be weeks before the deal is finalized.

  • October 22, 2021

    Grocer Hits Pension Fund With Suit Over Arbitration Award

    A grocery retailer asked an Illinois federal court to vacate an arbitrator's ruling that approved a union pension fund's calculation of its withdrawal liability, saying the fund improperly calculated the company's payment schedule because it included the contribution history of several stores that were sold.

  • October 22, 2021

    Northwestern Urges High Court Not To Revive ERISA Suit

    Northwestern University urged the U.S. Supreme Court to uphold a Seventh Circuit ruling ending a lawsuit that claimed the school allowed its retirement plans to pay excessive fees, arguing that reviving the case would encourage "judicial micromanagement" of plan fees.

  • October 21, 2021

    NY Gov. Signs Law Mandating State Auto-IRA Program

    New York Gov. Kathy Hochul signed legislation Thursday making it mandatory for private sector companies that don't offer retirement plans to enroll their employees in the state retirement plan unless they opt out.

  • October 21, 2021

    Amazon Worker Calls Insurer's Denial 'Conflict Of Interest'

    Acting under a "conflict of interest" to save itself money, Hartford Life and Accident Insurance Co. wrongly denied long-term disability benefits to an Amazon warehouse worker who suffers from kidney failure and other severe illnesses, according to a lawsuit filed in Texas federal court on Wednesday.

  • October 21, 2021

    McKesson Nears Win On Some Securities Fraud Claims

    A California federal judge appeared inclined Thursday to grant McKesson summary judgment on some securities fraud claims over its alleged participation in a generic drug price-fixing scheme, asking repeatedly what difference it would make to shareholders if they knew McKesson's artificial prices were caused by anti-competitive conduct and not inflation.

  • October 21, 2021

    Journalist Orgs Seek 9th Circ. Redo Of AB 5 Challenge

    The full Ninth Circuit should reconsider a panel decision that nixed a pair of journalist organizations' challenge to a California worker classification law, the groups argued, saying the panel incorrectly held that the law did not violate free-speech rights.

  • October 21, 2021

    UK Proposes Climate Compliance Rules For Pension Plans

    The Department for Work and Pensions proposed changes to pensions regulations on Thursday that would require retirement schemes to disclose how they are complying with new international standards designed to limit global warming.

  • October 20, 2021

    Anthem Inks Deal Over Coverage For Lower-Limb Prostheses

    Two groups of Anthem customers urged a California federal judge on Wednesday to preliminarily approve a proposed settlement that would resolve their four-year-long lawsuit claiming that Anthem Inc. and its subsidiary wrongfully denied coverage for microprocessor-controlled lower limb prostheses.

  • October 20, 2021

    Bayer Will Have To Face Investor Suit Over Roundup Litigation

    A California federal judge declined to dismiss a suit against Bayer AG in which investors claim the company downplayed the significance of litigation related to the weedkiller Roundup that it faced after acquiring Monsanto in 2018.

  • October 20, 2021

    Caltech Fights USC Workers' Subpoena In ERISA Case

    University of Southern California workers' bid to pry loose information about Caltech's retirement plan fees is an "improper" attempt to use the Caltech plan information to lay the foundation for a new suit, Caltech told a California federal court.

  • October 20, 2021

    DOL Says $2.7B BCBS Deal Puts Employers Over ERISA Plans

    The U.S. Department of Labor urged an Alabama federal judge Tuesday to force a partial do-over of the $2.67 billion deal resolving subscriber antitrust claims against the Blue Cross Blue Shield network, arguing the settlement improperly excludes health plans from receiving payouts.

  • October 20, 2021

    Ex-NFLer Pleads Guilty To Filing Fake Unemployment Claims

    Former National Football League wide receiver Kenbrell Thompkins is facing up to 12 years in prison after pleading guilty to stealing Social Security numbers to get COVID-19-related unemployment insurance benefits.

Expert Analysis

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

    Author Photo

    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • DOL Proposal Signals Relaxed Rules For ESG Investing

    Author Photo

    The U.S. Department of Labor’s recently proposed rule on how retirement plans can make investment decisions that consider environmental, social and governance factors significantly revises regulations adopted at the end of the Trump administration, paving the way for plan fiduciaries to more easily consider ESG factors, say attorneys at Morgan Lewis.

  • Financial Planning Tips For Retiring Law Firm Partners

    Author Photo

    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Future Of Issue Exhaustion In Agency Rulemaking Challenges

    Author Photo

    The U.S. Supreme Court's decision in Carr v. Saul clarified when the doctrine of administrative issue exhaustion applies, but because lower courts may only apply that framework in the adjudicatory context, parties who fail to raise all issues during agency rulemaking may risk forfeiting judicial review, say attorneys at WilmerHale.

  • Preparing Remote Deposition Defenses For Corporate Entities

    Author Photo

    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • DOL's Proposed Rule Doesn't Make ESG Investment Risk-Free

    Author Photo

    A proposed U.S. Department of Labor rule aimed at Employee Retirement Income Security Act fiduciaries who take climate change into account should not be viewed as a green investment free pass, as prudent investors must consider the potential for bad returns if climate mitigation efforts fail, says J.B. Heaton at One Hat Research.

  • 7th Circ. Ruling Offers Arbitration Clarity For ERISA Claims

    Author Photo

    Although the Seventh Circuit recently decided a retirement plan arbitration provision was unenforceable in Smith v. Board of Directors of Triad Manufacturing, the ruling is the court’s first broad approval of the dispute-resolution method for Employee Retirement Income Security Act claims, and provides arbitration clause guidance for plans covered by the statute, say attorneys at Winston & Strawn.

  • Mental Health Parity Act: A Compliance Wake-Up Call

    Author Photo

    Recent developments, including the U.S. Department of Labor’s settlement with UnitedHealth, suggest that the DOL is taking a renewed and more aggressive approach to enforcing the Mental Health Parity and Addiction Equity Act, say Tim Kennedy and Anne Hall at Hall Benefits Law.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

    Author Photo

    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

    Author Photo

    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

    Author Photo

    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Tax-Exempt Orgs, Beware This 403(b) Plan Compliance Pitfall

    Author Photo

    A recent Internal Revenue Service publication puts 403(b) retirement plan sponsors on notice about a contribution aggregation compliance failure often identified in audits of government and tax-exempt entities, but risk can be minimized by ensuring plan documents and communications address the issue directly, say Greg Needles and Michael Gorman at Morgan Lewis.

  • Girardi Scandal Provides Important Ethics Lessons

    Author Photo

    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

    Author Photo

    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

    Author Photo

    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!