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Benefits

  • January 29, 2019

    9th Circ. Allows Row Over ACA Birth Control Rules To Proceed

    A Ninth Circuit order that left intact but narrowed a block on the Trump administration's interim rules allowing employers to opt out of covering contraception is now open to challenge, with a panel lifting a stay that had postponed the parties’ deadlines for seeking review amid the government shutdown.

  • January 29, 2019

    Morrison Cohen Seeks To Shift Blame In $42M ESOP Tax Suit

    Law firm Morrison Cohen asked a New York state judge on Tuesday to rule against several business owners who say the firm cost them $42 million by bungling employee stock ownership plan transactions, or at least to shift some of the liability to Brown Rudnick LLP lawyers who had a role in the deals.

  • January 29, 2019

    Ex-CEO Tells Chancery Salix Must Pay Her Legal Costs

    Salix Pharmaceuticals Ltd.’s former CEO filed suit in Delaware Chancery Court on Monday claiming the company breached its contractual obligations by failing to give her certain equity awards and is attempting to renege on an agreement to indemnify her for legal costs.

  • January 29, 2019

    MetLife's $220M Deal Shows Risk In Losing Track Of Retirees

    A $220 million settlement with MetLife Inc. secured by the New York Department of Financial Services on Monday marked the latest episode in the fallout over the insurer’s failure to adequately notify almost 30,000 retirees of their eligibility for retirement benefits over the course of 25 years.

  • January 29, 2019

    Celgene Says Drug Buyers' Second Try For Cert. No Better

    A proposed class of drug buyers accusing Celgene Corp. of creating a monopoly on two of its drugs shouldn’t get a second crack at class certification, the biopharmaceutical company told a New Jersey federal court Monday.

  • January 29, 2019

    Full Fed. Circ. OKs Benefits For 'Blue Water' Vietnam Vets

    A full panel of the Federal Circuit ruled Tuesday that U.S. Navy veterans who served offshore during the Vietnam War are entitled to benefits for diseases linked to Agent Orange, finding that the territorial waters of Vietnam count as part of the country under a benefit law.

  • January 29, 2019

    Insurance Agents Are Contractors Under ERISA, 6th Circ. Says

    The Sixth Circuit ruled Tuesday that thousands of American Family Insurance Co. agents are independent contractors under the Employee Retirement Income Security Act, kneecapping the agents' class action alleging they were improperly denied benefits because they weren't correctly classified as employees.

  • January 29, 2019

    Anthem 401(k) Excessive Fees Suit Gets 2 Classes

    An Indiana federal judge will allow participants in a 401(k) plan affiliated with Anthem Inc. to proceed as two subclasses on their allegations that the plan paid excessive fees, modifying her initial class certification order rejecting the proposed class for those claims.

  • January 28, 2019

    Co-Founder Sues PE Firm Kainos Capital Principals For Fraud

    The co-founder of Dallas private equity firm Kainos Capital LP sued her company and three of its executives for fraud and business agreement violations in Delaware Chancery Court Friday, accusing them of tricking her into signing away her 25 percent membership interest by changing the firm's business structure.

  • January 28, 2019

    Ex-Union President Gets 3 Years In Prison For Stolen Funds

    The former president of a labor union was sentenced to more than three years in prison after he allegedly embezzled funds from the union's employee benefit plan and took kickbacks to the tune of $1.3 million, federal prosecutors in New York announced.

  • January 28, 2019

    Providence Health To Pay $2.25M To Resolve ERISA Claims

    Providence Health & Services has agreed to pay $2.25 million to end an Employee Retirement Income Security Act suit accusing the health system of burdening participants in its retirement plans with bad investments and excessive costs.

  • January 28, 2019

    Sears Unsecured Creditors Challenge $5.2B Ch. 11 Sale

    Sears Holding Corp.’s unsecured creditors on Monday filed their promised challenge to the proposed $5.2 billion sale of the company to a hedge fund owned by ex-Sears CEO Edward Lampert, saying the plan will neither save jobs nor provide value for creditors.

  • January 28, 2019

    Cornell Seeks Quick Win In ERISA Class Action

    Cornell University is seeking a win in an Employee Retirement Income Security Act class action alleging mismanagement of workers’ retirement savings, telling a New York federal judge the class didn’t back up claims that the school’s plan charged excessive fees and made unwise investment choices.

  • January 28, 2019

    Porn Actors' HIV Suits Excluded From Insurance: 9th Circ.

    A Ninth Circuit appeals panel on Friday upheld a lower court's ruling that a state-backed California insurer doesn't have to defend pornography studios in suits brought by actors who say they contracted HIV on the set because the underlying claims are subject to policy exclusions.

  • January 28, 2019

    Katten Muchin Adds Ex-White & Case Tax Planning Partner

    Katten Muchin Rosenman LLP has announced that an ex-White & Case LLP attorney joined the firm’s transactional tax planning practice as a partner in its New York office.

  • January 28, 2019

    Nissan Faces SEC Inquiry Amid Chairman Pay Scandal

    Nissan Motor Co. confirmed Monday that it had received an inquiry from the U.S. Securities and Exchange Commission, the latest development in a growing scandal over allegations that the company’s ousted chairman and CEO, Carlos Ghosn, underreported his compensation in securities filings.

  • January 28, 2019

    Law360's 6-Step Guide To A Compliant Sick Leave Policy

    Absent a federal mandate on paid sick leave, employers are left to comply with a patchwork of laws instituted by states and cities. Here, attorneys who help employers navigate that maze offer step-by-step instructions on how to craft a fully compliant sick leave policy.

  • January 28, 2019

    Clinic Fights For Cigna Docs In Row Over NFL Health Plan

    A medical clinic has urged a Texas federal judge to force Cigna to cough up a host of documents in a suit accusing several of the health insurer’s units and an NFL health benefits plan of improperly denying insurance claims the clinic submitted on behalf of retired players and their families.

  • January 28, 2019

    1st Circ. Refuses To Revive ERISA Suit Against Hospital

    The First Circuit won't reopen an Employee Retirement Income Security Act suit accusing a Puerto Rico hospital of using the law's church plan exemption to roll back employee benefits, finding that the former workers' perjury allegations didn't justify breathing new life into the case.

  • January 25, 2019

    U. Of Ariz. Prof Sues Over Transgender Health Care Denial

    A University of Arizona professor has sued the school’s governing body, the state and members of the Arizona Department of Administration in federal court over the state employee health care plan’s alleged policy of denying transgender employees’ claims for transition-related surgeries.

Expert Analysis

  • Justices Hard To Read In Key Social Security Procedure Case

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    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

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    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

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    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

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    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • A Few Ways Employers Can Avoid Holiday Legal Headaches

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    Although legal compliance is a year-round job for employers, the end-of-the-year holiday season raises several additional considerations that make it more complicated, says Alex Aguilera of Seyferth Blumenthal & Harris LLC.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 2

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    In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.

  • A Closer Look At New Calif. Pension Fund Climate Law

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    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 1

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    Given the risks associated with Family and Medical Leave Act and Americans with Disabilities Act compliance, it's essential that employers keep abreast of continuing developments. Attorneys with Dechert LLP discuss what employers can learn from recent cases.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

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    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

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    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.