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Benefits
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February 01, 2024
Musk Wants Investor Vote To Move Tesla From Del. To Texas
Tesla CEO Elon Musk said Thursday the company will immediately move to hold a shareholder vote to transfer its state of incorporation from Delaware to Texas, shortly after Delaware's chancellor struck down Musk's proposed $55 billion Tesla pay package.
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January 31, 2024
Chancery's Musk Ruling Could Dim Superstar Execs' Shine
When the Delaware Chancery Court scuttled Elon Musk's $55 billion Tesla compensation package in a first-of-its-kind ruling, experts said it was a "groundbreaking" move that checks the clout of superstar celebrity CEOs and their boardroom allies and could blunt their power against shareholders, experts told Law360.
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January 31, 2024
Colo. Judge Won't Rule Out Back Pay In Truck Driver ADA Suit
A Colorado federal judge said he would not prevent the Equal Employment Opportunity Commission from seeking back pay on a claim that a trucking company's return-to-work policy had a disparate impact on disabled employees, finding in an order Wednesday that the company's request "would be unjust and border on absurd."
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January 31, 2024
Judge Won't Force Florida Trans Coverage Pending Appeal
A Florida federal judge on Wednesday denied a motion to enforce a June ruling that invalidated a state ban on Medicaid payments for puberty blockers and cross-sex hormones for the treatment of gender dysphoria, noting a pending appeal before the Eleventh Circuit.
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January 31, 2024
Ex-Workers Get 2nd Chance At Retirement Plan Suit
A Nebraska federal judge allowed a group of ex-workers to revive their suit alleging a health system cost them millions in savings by mismanaging their retirement plan, saying Wednesday they deserve "one last bite at the apple" to show that comparable plans were cut a better deal.
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January 31, 2024
Food Packaging Co. Agrees To Wrap Up Suit Over 401(k) Fees
Food and beverage packaging company Pactiv Evergreen has agreed to end a proposed class action alleging it let its $879 million 401(k) plan pay more than double what similarly sized plans were charged for recordkeeping services, the company told an Illinois federal court.
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January 31, 2024
GOP Bill Would Claw Back Funds Paid To Dead Pensioners
A pair of Republican lawmakers introduced a bill that would require the Pension Benefit Guaranty Corp. to claw back overpayments that pension plans received under a 2021 coronavirus assistance bill for dead plan participants.
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January 30, 2024
Boeing Hit With Securities Fraud Suit Over 737 Max 9 Blowout
Rhode Island's largest public employees retirement fund accused Boeing of misleading investors about the overall safety of its 737 Max jets, alleging in a new lawsuit Tuesday that the recent midair blowout aboard an Alaska Airlines flight showcases how missteps by Boeing's top brass have diminished shareholder value.
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January 30, 2024
8th Circ. Revives Wrongful Death Claim Against Paper Co.
Paper company Sappi NA must face a lawsuit alleging that a worker was found deceased near an area where hydrogen sulfide gas was released despite the trustee for the worker's family collecting workers' compensation from a subsidiary, an Eighth Circuit panel ruled Tuesday, finding that the parent firm would need employees working at the facility when the death occurred for the state Workers' Compensation Act to bar the trustee's claims against it.
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January 30, 2024
Trans Care Ban Poses 'Philosophical' Questions, Justices Say
A Texas Supreme Court justice on Tuesday wondered if seven parents of transgender children were asking the court to resolve "a moral and philosophical question" behind gender identity as it weighed whether to uphold a state court judge's decision to block a law prohibiting minors from receiving gender-affirming care.
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January 30, 2024
Pharmacy Knew Conn. Kickbacks Broke Law, Founder Testifies
The owners of a compounding pharmacy at the center of an $11 million drug kickback case knew that it was illegal to make payments to patients who got their prescriptions filled and recruited other customers, a Connecticut state court judge heard Tuesday before striking the witness testimony from the record.
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January 30, 2024
Bed Bath & Beyond 401(k) Seeks To End ERISA Suit For Good
Bed Bath & Beyond's 401(k) committee Tuesday sought to end a putative class action in New Jersey federal court alleging it failed to preemptively remove a MassMutual guaranteed interest account that resulted in low-value investment distributions, arguing it couldn't have predicted high interest rates or its bankruptcy.
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January 30, 2024
Boston Globe Says Ex-Exec's Wage Claim Ignores Mass. Law
An ousted Boston Globe executive can't bring wage claims over an outstanding payment that was based on a percentage of profits because it was a bonus and not a commission, a lawyer for the newspaper told a judge Tuesday.
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January 30, 2024
Fed. Circ. Says VA Court Must Rehear Vet's Benefits Bid
The federal government must reopen a veteran's application for U.S. Department of Veterans Affairs-provided employment benefits, the Federal Circuit ruled Tuesday, finding that a VA court incorrectly declined to add new documents that would potentially bolster the case for benefits.
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January 30, 2024
Most Claims In $1.76B Vt. Hospital 403(b) Suit Can Proceed
A Vermont federal judge on Tuesday declined to toss the bulk of a proposed class action federal benefits lawsuit from ex-workers for the University of Vermont Medical Center alleging their $1.76 billion retirement plan was saddled with underperforming funds and higher fees, but agreed to drop injunctive relief claims.
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January 30, 2024
Verizon Can't Get Worker's Disability Benefits From Lawyer
A Rhode Island federal judge rejected a suit from a Verizon benefits plan seeking to recover about $45,000 from a law firm representing a former Verizon employee who disappeared after recovering damages from a car crash, saying it's not clear there are any settlement funds left over.
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January 30, 2024
Chancery Voids Elon Musk's $55B Tesla Pay Package
Delaware's chancellor struck down Elon Musk's proposed $55 billion Tesla pay package Tuesday, finding that disclosure failures, murky terms, conflicted director architects and Musk's own hand on the tiller warranted an order to roll back the award.
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January 30, 2024
Tribe's Repeat Default Bids Disrespect Court, Blue Cross Says
Blue Cross Blue Shield of Michigan says a Native American tribe's third request for a default win in its suit alleging the insurer overcharged for tribe members' care is disrespectful and constitutes a continued violation of a court order for the tribe to identify members involved in the insurance plan.
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January 30, 2024
Mich. Judge OKs $20M For Victims Of Faulty Fraud Algorithm
A Michigan state judge signed off Monday on a settlement that will see the state's unemployment agency pay $20 million to people wrongly accused of fraud by an algorithm.
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January 30, 2024
Minority USPS Workers Lack Access To Counseling, Suit Says
The U.S. Postal Service violates federal law by making an anonymous counseling program available for postal inspectors, who are predominantly white, while not doing the same for its largely Black and Hispanic postal police officers, a proposed collective action told a California federal court.
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January 29, 2024
Veterans Org. Wants Court To Prod VA On Transgender Petition
A veterans group for those who served in Iraq and Afghanistan told the Federal Circuit on Monday that a yearslong delay by the U.S. Department of Veterans Affairs to cover gender confirmation surgery abdicates a "sacred obligation" to those who served in the military.
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January 29, 2024
CoreLogic Gets Ex-Worker's 401(k) Mismanagement Suit Axed
A California federal judge tossed a former CoreLogic worker's suit claiming the company burdened its retirement plan with excessive fees and underperforming funds, ruling that the employee didn't personally face the financial harm that he complained about in the suit.
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January 29, 2024
Ex-CFO Sued By SEC Ordered To Return Fraud-Tainted Bonus
The former chief financial officer of Synchronoss Technologies Inc. was ordered to return $430,000 in compensation to the company after a New York federal judge found she committed securities fraud by helping the software firm inflate its earnings, netting a partial victory for the U.S. Securities and Exchange Commission.
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January 29, 2024
HHS Urges Court To Reject Novo Nordisk Drug Plan Challenge
The U.S. Department of Health and Human Services is asking a New Jersey federal judge to reject the challenge diabetes care drugmaker Novo Nordisk Inc. has been mounting against an effort to establish a drug price negotiation program aiming to lower costs for Medicare's prescription drug plan.
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January 29, 2024
Del. Justices Reverse Toss Of Cantor Fitzgerald No-Compete
In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Court decision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5 million.
Expert Analysis
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How Partial Invalidation Of ERISA Guidance Affects Advisers
A Florida federal court's recent invalidation of the U.S. Department of Labor's policy on rollovers from Employee Retirement Income Security Act plans to individual retirement accounts significantly narrows the agency's attempt to regulate this area, but there are still situations where an adviser may need to rely on the partially vacated guidance, say Robert Daily and Sterling Perkinson at Kilpatrick.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Reviewing Exec Separation Filings After McDonald's SEC Deal
The U.S. Securities and Exchange Commission recently charged McDonald's and its former CEO Stephen Easterbrook with disclosure violations related to his separation from the company in 2019, offering a cautionary tale for public issuers making disclosures regarding internal investigations and executive separations, say attorneys at Ropes & Gray.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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What To Expect This Proxy Season With New Exec Pay Rules
The U.S. Securities and Exchange Commission's newly mandated measures over performance-based pay disclosures will give shareholders and their advocates new data to better align executive compensation with long-term performance goals, including for environmental, social and governance priorities, say Michael Dark and Nicole Lavallee at Berman Tabacco.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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Reimagining Benefits For A World Without Noncompetes
Though the Federal Trade Commission's recently proposed noncompete ban is still in its infancy, companies should begin considering whether they would need to retool their payment and benefits packages to comply, while still protecting their competitive edge, say Melissa Ostrower and Alec Nealon at Jackson Lewis.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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High Court Veteran Benefits Ruling Hints At Canon Skepticism
The U.S. Supreme Court's recent Arellano v. McDonough decision — limiting the retroactivity of disability benefits for some veterans — broadly suggests the court is increasingly skeptical of substantive canons of interpretation, and offers guidance on how the pro-veteran canon should be applied going forward, says Kian Hudson at Barnes & Thornburg.
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Opinion
9th Circ. Should Rethink Inadequate UBH Ruling
The Ninth Circuit should seriously consider rehearing Wit v. United Behavioral Health en banc because its recent claims reprocessing decision in the case raises troubling questions about the future of Employee Retirement Income Security Act's class actions, says Mark DeBofsky at DeBofsky Law.
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5th Circ. Confidential Witness Ruling Is A Big Change
The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.