Benefits

  • May 13, 2025

    Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit

    Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.

  • May 13, 2025

    Industrial Retailer Misused Forfeited 401(k) Funds, Suit Says

    Industrial supply company W.W. Grainger Inc. unlawfully used forfeited 401(k) funds to reduce its contributions to the retirement plan rather than cover expenses, costing plan participants millions of dollars in potential retirement benefits, according to a proposed class action in Illinois federal court.

  • May 13, 2025

    UnitedHealth Says Lack Of Contract Sinks Coverage Suit

    UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.

  • May 13, 2025

    SEC's Uyeda Encourages Opening 401(k)s To Private Assets

    U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.

  • May 13, 2025

    Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid

    After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.

  • May 13, 2025

    11th Circ. Eyes Restarting Seafood Workers' ESOP Suit

    The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.

  • May 13, 2025

    1st Circ. Vacates $10M Severance Win Over Drafting Error

    The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.  

  • May 13, 2025

    Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions

    A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.

  • May 13, 2025

    NFL Benefits Plan Throws Flag On Atty Fee Award To Player

    Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.

  • May 13, 2025

    Howard Agrees To End Retiree's Mortality Table Suit

    Howard University has agreed to settle a proposed class action claiming its use of decades-old mortality data to calculate retirement benefits unlawfully reduced retirees' payouts, according to a filing in D.C. federal court.

  • May 13, 2025

    Employee Benefits Partner Joins Seyfarth From McDermott

    Seyfarth Shaw LLP has added an employee benefits partner in Chicago who spent the past 19 years at McDermott Will & Emery LLP.

  • May 12, 2025

    Ex-Twitter Workers Say Musk Reneged On Severance Promise

    Four former Twitter employees in Illinois filed a lawsuit in federal court on Monday, the latest to launch federal contract claims against Twitter, Elon Musk and his newly named X platform over Musk's allegedly illegal decision to pay laid-off workers less severance than was promised for the first year post-acquisition.

  • May 12, 2025

    UAW Drops Claim Over Frozen Unemployment Benefits

    The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.

  • May 12, 2025

    Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit

    Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.

  • May 12, 2025

    Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order

    A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    United Health Inks $9.3M Deal In Cancer Treatment Denial Suit

    United Healthcare has agreed to pay up to $9.3 million to end a proposed class action alleging it refused to cover a proton beam cancer radiation treatment by incorrectly deeming the therapy experimental, according to a Massachusetts federal court filing.

  • May 12, 2025

    Agencies Win Stay Of Mental Health Parity Rule Suit

    A D.C. federal court on Monday agreed to stay a suit from a benefits-focused employer trade group seeking to block a recently finalized mental health parity rule, after the DOL and other federal agencies told the court they plan to rescind or modify the rule.

  • May 12, 2025

    Red Cross Strikes Deal In Suit Over 401(k) Funds, Fees

    The American National Red Cross has agreed to pay $950,000 to resolve a suit claiming it cost workers millions in savings by keeping underperforming funds in its $1.2 billion retirement plan and allowing high fees, according to a D.C. federal court filing.

  • May 12, 2025

    NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal

    A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.

  • May 09, 2025

    Energy Group Backs States' BlackRock Coal Investments Suit

    An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.

  • May 09, 2025

    Funds Fight GM Push For 2nd Look At Bid To Toss Cruise Suit

    Investor plaintiffs have told a Michigan federal judge that General Motors shouldn't get a second chance to avoid proposed class claims alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.

  • May 09, 2025

    6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits

    A recent Sixth Circuit decision that backed the dismissal of a proposed class action against an auto parts maker demonstrates how appellate courts are raising the bar for cases alleging breaches of fiduciary duty under federal benefits law, experts say.

  • May 09, 2025

    X Paying Millions In Severance Arbitration Losses, Atty Says

    X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

Expert Analysis

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Retirement Plan Suits Show Value Of Cybersecurity Policies

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    Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • Opinion

    It's Time To Fix The SEC's Pay-To-Play Rule

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    Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

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