Benefits

  • April 26, 2024

    Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says

    The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.

  • April 26, 2024

    Investors Ask 3rd Circ. To Revive Row With Maiden Holdings

    Investors urged the Third Circuit to revive their suit claiming that reinsurance company Maiden Holdings Ltd. misrepresented its underwriting and risk management practices, saying the lower court's erroneous discovery restriction prevented them from proving their case.

  • April 26, 2024

    Ex-Conn. Hospital Worker Says He Was Assaulted, Then Fired

    Stamford Health Inc. terminated a hospital maintenance worker soon after he suffered a violent assault in the workplace, claiming that he abandoned his job even though it failed to provide him with necessary paperwork to take medical leave, according to an amended lawsuit filed Friday in Connecticut federal court.

  • April 26, 2024

    Gov't Wants Ex-Boston Celtic Imprisoned For Health Plan Scheme

    Prosecutors asked a Manhattan federal judge to sentence former Boston Celtics player Glen "Big Baby" Davis to roughly three years in prison after he was convicted of scheming with a group of ex-pros to submit fraudulent invoices to the NBA's healthcare plan.

  • April 26, 2024

    Ex-BP Commodities Trader Says Co. Reneged On Bonus

    A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.

  • April 25, 2024

    Tesla Says Investors May Want To Influence Shareholder Vote

    Tesla on Thursday questioned the motives of investors who want billions of dollars in company stock put into a trust, saying that their push to hasten the court's decision in their suit over Elon Musk's compensation plan raises concerns that they want to "elicit commentary" ahead of a shareholder meeting.

  • April 25, 2024

    Zendesk Beats Shareholders' Suit Over $10B PE Takeover

    Zendesk Inc. has defeated a securities class action in California federal court accusing the customer service software company of undervaluing itself to get a $10.2 billion go-private merger with private equity firms approved by Zendesk shareholders.

  • April 25, 2024

    Feds Say COVID Fraud Case Against Ex-Pol Clears Early Bar

    Federal prosecutors said Thursday that a former Massachusetts politician should save for trial his arguments seeking to dismiss claims that he lied to rake in COVID-19 relief funds and tried to avoid reporting income to the Internal Revenue Service. 

  • April 25, 2024

    Manufacturer To Pay $3M To End Retirement Kickback Suit

    An aerospace and auto parts manufacturer will pay nearly $3 million to settle a suit claiming it pushed workers' retirement savings into lackluster funds through an investing tool that prioritized kickbacks for the plan's recordkeeper over returns for employees, according to a filing Thursday in Michigan federal court.

  • April 25, 2024

    Judge Decries Discovery Delay In Chicago Genetic-Bias Fight

    An Illinois federal judge has warned a proposed class of Chicago employees that further discovery delays in their suit alleging a city wellness program intentionally discriminated against them on the basis of their genetic information could result in the court barring witnesses' testimony from the case.

  • April 25, 2024

    Paint Cos. Owe Fringe Benefits, Union Fund Trustees Say

    The trustees of an International Union of Painters and Allied Trades benefits fund accused a Michigan painting company of violating a collective bargaining agreement by not making contributions and subcontracting work to a related entity in an attempt to evade its obligations.

  • April 25, 2024

    4 Takeaways From DOL's Final ERISA Investment Advice Regs

    The U.S. Department of Labor’s finalized regulations broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act will bring more investment advisers under the purview of federal benefits law, but the final version contains some important differences from what the DOL initially proposed. Here are four key takeaways.

  • April 25, 2024

    Mich. Justices Reject Park Ranger's Disability Benefits Appeal

    Two Michigan Supreme Court justices on Thursday agreed with the rest of the bench not to rule on a park ranger's claims that state retirement law unconstitutionally prevents him from challenging his disability benefit denial, but called out a lower court's "circular" reasoning for finding him ineligible.

  • April 25, 2024

    WWE Shareholders Combine Chancery TKO Merger Suits

    Delaware's Court of Chancery will decide this summer whether teams led by Block & Leviton, Bernstein Litowitz or Robbins Geller will represent World Wrestling Entertainment Inc. stockholders in a consolidated class suit against founder Vincent McMahon and others over the company's $21 billion merger with the Endeavor Group.

  • April 25, 2024

    Class Counsel Seeks $31M From $93M Lipitor Settlement

    Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor have asked a New Jersey federal judge to approve their request for $31 million in fees after the two sides agreed to a $93 million settlement in February.

  • April 25, 2024

    Airplane Fuel Co. Seeks To Ax Union Healthcare Dispute

    A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.

  • April 24, 2024

    Chancery Lets $344M Carlyle Tax-Payout Suit Move Ahead

    A vice chancellor of the Delaware Court of Chancery on Wednesday refused to toss most claims in a stockholder suit led by a Pittsburgh pension fund targeting a $344 million tax-asset buyout at The Carlyle Group Inc., though she did trim the suit by a single count.

  • April 24, 2024

    Metals Firm To Pay $66M Over Retirement Coin Scam

    A California federal judge has ordered a metals trading firm to pay $66 million and each of its owners to pay between $1 million and $3 million to settle claims that they defrauded hundreds of investors by convincing them to sell their retirement securities to buy gold and silver coins at inflated prices.

  • April 24, 2024

    Investors Can't Hit Reset In 737 Max Fraud Suit, Boeing Says

    Investors claiming Boeing wiped out billions in stock value by misrepresenting the 737 Max's safety shouldn't be allowed to "effectively hit the reset button" and pursue an amended complaint that relies on statements already deemed inactionable, the aerospace giant argued Wednesday.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout

    The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.

  • April 24, 2024

    Boston Pension Doubles Down On Bid To Lead NYCB Suit

    Boston's municipal pension plan and its attorneys from Labaton Keller Sucharow LLP stood firm on their bid to lead a proposed securities class action against New York Community Bancorp, saying their chief rival for lead status bought their shares too late and is too sketchy to be a potential plaintiff.

  • April 24, 2024

    Anthem Faces Class Action Over Cancer Treatment Denials

    Anthem Health Plans Inc. has been hit with a proposed class action in Connecticut alleging that it routinely denies requests for proton beam radiation therapy, a cancer treatment that the complaint asserts is recognized as "established, medically appropriate, safe and effective" but which the insurer deems experimental.

  • April 24, 2024

    7th Circ. Revives Suit Over Paper Co.'s ESOP Valuation

    The Seventh Circuit reopened a suit claiming executives at a defunct paper company and financial advisers overvalued the business to persuade workers to put retirement savings into an employee stock ownership plan, saying a lower court viewed the allegations too narrowly when it tossed the case.

  • April 24, 2024

    Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received

    The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.

Expert Analysis

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Management Incentives May Be Revisited After PE Investment

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    As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

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