Benefits

  • May 29, 2026

    Streamers Deemed NJ Employees, Contractors Under FLSA

    A New Jersey federal judge ruled Friday that adult entertainers who perform on a streaming service are independent contractors under federal wage law but employees under New Jersey law, handing both sides partial wins in a wage class and collective action over the platform's pay practices.

  • May 29, 2026

    Cuts To Benefits Come With Risks For Employers, Attys Say

    Some employers have been reducing employee benefits, attorneys say, a move that brings both legal and reputational risks. Here's a look at three areas where practitioners are seeing cutbacks and the pitfalls they present. 

  • May 28, 2026

    Fla. Businessmen File Bid To Seize Ex-Official's $770K Payout

    Two Miami businessmen asked a Florida federal court on Thursday to garnish a former city commissioner's $770,000 settlement from a state court lawsuit as payment toward a multimillion-dollar political retaliation judgment, arguing the funds can't be shielded under state law as they are compensatory in nature.

  • May 28, 2026

    UnitedHealthcare Unit Settles PrEP Coverage Fight

    A UnitedHealthcare subsidiary and two customers who alleged its failure to approve full coverage for PrEP violated the Affordable Care Act have agreed to settle their dispute, parties told a Minnesota federal court.

  • May 28, 2026

    DOJ To Speed Up Review Of Qui Tam Benefits Fraud Claims

    The U.S. Department of Justice announced that it's speeding up the agency's review of whistleblower complaints accusing contractors of defrauding state-administered benefits programs that are funded by the federal government, in violation of the False Claims Act. 

  • May 28, 2026

    Delta, Retirees Fail To Reach Accord In Benefits Battle

    A proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts will move forward after the airline and former workers failed to settle during mediation earlier this month.

  • May 28, 2026

    9th Circ. Won't Revisit FCA Ruling Over Drug Price Program

    The Ninth Circuit has said it will not disturb its March ruling allowing a hospital chain to pursue a False Claims Act lawsuit against various pharmaceutical companies for allegedly causing the government to overpay for drugs under a discount program.

  • May 27, 2026

    Cummins Beats Emissions Derivative Suits, For Now

    An Indiana federal judge on Wednesday dismissed consolidated shareholder derivative litigation alleging engine manufacturer Cummins Inc.'s top executives breached their fiduciary duties by overseeing a scheme to rig vehicles with emissions-cheating software, prompting $2 billion in penalties to settle regulators' claims concerning Clean Air Act violations.

  • May 27, 2026

    DOL Gets To Argue In 11th Circ. ESOP En Banc Appeal

    The Eleventh Circuit Wednesday granted the U.S. Department of Labor permission to argue as amicus in support of a seafood company in a worker-side appeal seeking to revive allegations of mismanagement of an employee stock ownership plan, which the full appellate court has agreed to consider in September.

  • May 27, 2026

    NY-Presbyterian Says DOJ's Antitrust Case Is Misguided

    New York-Presbyterian Hospital is pushing back against claims that it blocks cheaper insurance plans through its contracts with insurers, telling a federal court that enforcers are challenging industry-standard contract terms that lower prices and guarantee patient access.

  • May 27, 2026

    3rd Circ. Mulls 401(k) Plan Terms In 2 Forfeiture Fights

    The Third Circuit Wednesday seemed inclined to revive a Siemens worker's proposed class action alleging the technology company misspent 401(k) forfeitures, but appeared more skeptical of a Honeywell ex-worker's bid to revive a similar class action given differences in plan language.

  • May 27, 2026

    WWE Shareholders Win Sanctions Over Lost Signal Messages

    World Wrestling Entertainment Inc. investors won sanctions in the Delaware Chancery Court after a judge found former CEO Vince McMahon and other senior executives recklessly allowed encrypted and ephemeral Signal messages and other evidence tied to WWE's $21.4 billion merger with Ultimate Fighting Championship to disappear during litigation over the deal.

  • May 27, 2026

    Pilgrim's Pride Says 401(k) Suit Rests On Bad Math

    Food production company Pilgrim's Pride urged a Colorado federal judge to toss a proposed class action challenging a stable value fund in its 401(k) plan, saying the allegations rely on flawed calculations and mismatched comparisons.

  • May 26, 2026

    4th Circ. Shuts Down Suit Against PE Firm Over Plant Closure

    The Fourth Circuit refused Tuesday to reopen a proposed class action claiming a private equity firm violated federal laws by abruptly shutting down a manufacturing plant, ruling decades-old U.S. Supreme Court precedent barred the former workers from suing simply to collect on a judgment against the manufacturer.

  • May 26, 2026

    8th Circ. Finds GE Exempt For Liability In $230M Fund Fight

    General Electric Co. does not owe $230 million in pension obligations to construction employees covered by a boilermaker-blacksmith fund, the Eighth Circuit affirmed Tuesday, finding in a published opinion that GE qualified for a withdrawal liability exemption since "substantially all" of the employees worked in the building and construction industry.

  • May 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of cross-border corporate control disputes, merger settlements, startup equity fights, advancement claims and board oversight litigation, while also weighing fallout from high-profile deals involving Microsoft Corp., The Boeing Co. and Nikola Corp.

  • May 26, 2026

    11th Circ. Restores Mortality Table Case Against Energy Co.

    The Eleventh Circuit on Tuesday reinstated a proposed class action against a Southern Co. subsidiary from married retirees who said outdated life expectancy data caused them to lose out on benefits, holding that a lower court erred in ruling federal benefits law didn't require using reasonable actuarial assumptions in annuity conversions.

  • May 26, 2026

    Judge Tosses Anti-Pot Suit Over CMS Hemp Benefits Program

    A D.C. federal judge has thrown out a challenge to a Centers for Medicare & Medicaid Services program to give Medicare beneficiaries access to federally legal hemp products, finding none of the groups or individuals who aimed to block the program have standing.

  • May 26, 2026

    Justices Won't Take Suit Against Teamsters Fund Overseers

    The U.S. Supreme Court on Tuesday turned down a Teamsters retiree's bid for review of the dismissal of his proposed class action alleging that union multiemployer plan trustees and advisers allowed risky investments and hefty plan management fees, leaving in place a Second Circuit decision from November.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Aon Hit With $120M Retirement Plan Underperformance Suit

    Aon Corp. was hit Friday with retirement plan mismanagement claims by a group of current and former participants who say fiduciaries' failure to remove underperforming Vanguard funds as investment options has cost their plan more than $120 million in assets.

  • May 22, 2026

    Microsoft To Pay $250M To End Activision Merger Suit

    Microsoft Corp. has agreed to pay $250 million to exit a lawsuit accusing it of shortchanging Activision Blizzard Inc. investors by rushing through a $75.4 billion deal to buy the video game company.

  • May 22, 2026

    Justices' ERISA Ruling May Raise Withdrawal Liability Costs

    The U.S. Supreme Court's recent holding that multiemployer plan actuaries can retroactively change the assumptions used to calculate employers' withdrawal liability could increase the price tag for pulling out of those pension plans, attorneys say.

  • May 22, 2026

    Teamsters Local Wants Ex-Worker's Payment Suit Tossed

    The International Brotherhood of Teamsters has asked an Oklahoma federal court to toss a lawsuit claiming that a former employee for a local branch of the union was stiffed on overtime and severance pay, arguing that the suit falls short in stating a claim against the international union.

  • May 22, 2026

    Boeing Says Board Didn't Neglect Safety Before Door Blowout

    Counsel for The Boeing Co. urged the Delaware Chancery Court on Friday to dismiss a stockholder derivative suit accusing its leadership of ignoring years of safety and manufacturing red flags, arguing the company's board had overhauled its oversight systems after the fatal 737 Max crashes and monitored risks leading up to an Alaska Airlines door-plug blowout.

Expert Analysis

  • 5 Bonus Plan Compliance Issues In Financial Services

    Author Photo

    As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

    Author Photo

    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Workers' Comp Ruling May Expand Ohio Employer Liability

    Author Photo

    The Ohio Supreme Court's recent decision in State ex rel. Berry v. Industrial Commission marks a shift in Ohio workers' compensation law by reducing judicial deference to the Industrial Commission's interpretations of the state's specific safety requirements and potentially expanding employer exposure, say attorneys at Benesch.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

    Author Photo

    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

    Author Photo

    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

    Author Photo

    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

    Author Photo

    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • What To Do If A Retirement Plan Participant Is Deported

    Author Photo

    Given recent immigration policy changes in the U.S., many businesses are experiencing employee deportations, but retirement plan administrators should still pay and report benefits to avoid violating the plan, the Employee Retirement Income Security Act or tax reporting requirements, says Teri King at Smith Gambrell.

  • Series

    Building With Lego Makes Me A Better Lawyer

    Author Photo

    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

    Author Photo

    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

    Author Photo

    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Employer Considerations After 11th Circ. Gender Care Ruling

    Author Photo

    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

    Author Photo

    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Why Appellees Should Write Their Answering Brief First

    Author Photo

    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • 2nd Circ. Peloton Ruling Emphasizes Disclosure Context

    Author Photo

    The Second Circuit’s recent decision to revive shareholders’ suit alleging that Peloton made materially misleading statements makes clear that public companies must continually review risk disclosures to determine if previous hypotheticals have materialized, say attorneys at Baker Botts.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Benefits archive.