Benefits

  • June 04, 2024

    White House Threatens Veto Over Policy Riders In VA Bill

    The White House has threatened to veto a $147.5 billion bill funding military construction and the U.S. Department of Veterans Affairs, citing partisan policy proposals it said would harm minority groups and risk patient safety at VA medical facilities.

  • June 04, 2024

    Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say

    A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."

  • June 04, 2024

    Conn. Judicial Marshal Charged With Workers' Comp Fraud

    A judicial marshal for the Connecticut Judicial Branch has been arrested and charged with trying to steal $891.52 in workers' compensation benefits after he was injured while trying to restrain a prisoner, prosecutors said.

  • June 04, 2024

    Sens. Offer Stark Takes On Abortion Two Years Post-Dobbs

    Republican and Democratic members of the Senate health committee on Tuesday offered two different views of abortion in America two years after the Dobbs Decision overturned the federal right to the procedure.

  • June 03, 2024

    Humana Hit With Investor Suit Over Post-COVID Costs

    Health insurer Humana and two executives were hit with an investor class action on Monday, claiming they misled shareholders about the cost of pent-up demand for medical treatments once the COVID-19 pandemic subsided.

  • June 03, 2024

    Substitute Teacher Co. Says Colo. Classification Rule Illegal

    An independent platform said that an upcoming Colorado rule requiring it to consider employees the substitute teachers it helps schools find will hurt its business, urging a Colorado state court to halt the new policy going into effect on July 1.

  • June 03, 2024

    Justices Won't Review Contempt Sanctions Against Drug Co.

    The U.S. Supreme Court won't hear Hi-Tech Pharmaceuticals' challenge to the Federal Trade Commission's $40 million judgment against it for misrepresenting weight-loss drugs and violating an injunction.

  • June 03, 2024

    DuPont Can't Escape Retirees' Pension Calculation Suits

    A federal judge in Delaware on Monday denied most motions to dismiss and overruled all objections in federal proposed class actions accusing E.I. duPont de Nemours & Co. of using outdated actuarial formulas to calculate workers' retirement benefits.

  • June 03, 2024

    El Pollo Loco Hit With Wage, Hostile Work Environment Claims

    El Pollo Loco did not provide a former assistant manager with meal breaks or overtime or pay him the full wages he was promised, and store managers mocked him for requesting leave to tend to his ailing mother, the ex-worker alleged in a complaint filed in state court.

  • June 03, 2024

    DOL Fights Injunction Bid In Data-For-Insurance Fight

    The U.S. Department of Labor pushed back against two companies' permanent injunction bid in a lawsuit that had challenged a now-vacated finding from the agency that a data-for-insurance health plan offering wasn't covered by federal benefits law, arguing a Texas federal court should instead end proceedings in the case.

  • June 03, 2024

    Restaurants Fight Bid-Rigging Release In $75M Chicken Deals

    Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.

  • June 03, 2024

    Santos Can't Toss Identity Theft Claims, Feds Tell Court

    Federal prosecutors told the Eastern District of New York that their claims of identity theft against former U.S. Rep. George Santos are specific enough to proceed to trial in September, saying they've provided the necessary transactional documents and the government isn't obligated to preview more trial evidence.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    Chancery Suit Over $1.4B Building Co. Merger Survives Trims

    The CEO, controlling investor and board members of specialty building product maker Foundation Building Materials Inc. must face Delaware Court of Chancery breach of fiduciary duty claims filed by stockholder after a $1.4 billion company sale, a Delaware vice chancellor has ruled.

  • June 03, 2024

    Vanguard Investors Want Class Cert. In Tax Liability Fight

    Investors accusing Vanguard and its top brass of violating its fiduciary duties by triggering a sell-off of assets in target retirement funds in an attempt to lower fees, leaving smaller investors with massive tax bills, asked a Pennsylvania federal court to certify them as a class.

  • June 03, 2024

    Chamber Backs Insurers' Suit To Block DOL Fiduciary Rule

    The U.S. Chamber of Commerce urged a Texas federal judge to block recently finalized regulations by the U.S. Department of Labor that expands who is considered a fiduciary under federal benefits law, arguing that the new rule will unnecessarily increase costs for consumers.

  • June 03, 2024

    TIAA Can't Escape Retirees' Rollover Advice Fee Suit

    A New York federal judge refused to toss retirees' suit alleging the Teachers Insurance Annuity Association of America violated federal benefits law by coercing them into transferring their assets into higher-fee managed accounts, finding the retirees' new theory of liability should proceed to discovery.

  • June 03, 2024

    Former Trucking Worker Urges Class Status In 401(k) Fee Suit

    A former trucking company employee has urged a South Carolina federal court to certify a 10,000-member class in his lawsuit accusing his former employer of saddling its retirement plan with excessive fees, saying the company's actions affected all plan participants.

  • May 31, 2024

    Caremark Cut Loose From CVS Price-Gouging Case

    A Rhode Island federal judge on Thursday dismissed Caremark from long-running litigation alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding Caremark's contracts with the funds have enforceable arbitration clauses.

  • May 31, 2024

    WWE Investor Attys Enter Battle Royal To Lead Merger Suit

    Two groups of shareholders have filed competing pitches for the lead plaintiff role in a consolidated class suit seeking damages from World Wrestling Entertainment founder Vincent McMahon and others in connection with WWE's $21 billion merger with Endeavor Group, both arguing they have most successfully pursued the suit's claims.

  • May 31, 2024

    9th Circ. Affirms Toss Of Health Center's $8M Cigna Row

    The Ninth Circuit on Friday declined to revive a suit from a holding company for a drug and alcohol treatment center claiming Cigna forced it into bankruptcy by not paying more than $8 million in authorized claims, finding the health insurer did not abuse its discretion in denying the payments.

  • May 31, 2024

    Utility Co. Shuts Down Ex-Worker's Severance Pay Suit

    A utility company defeated an ex-employee's lawsuit alleging he was wrongly denied severance pay after rejecting a job that would've lengthened his commute by more than 50 miles, with a New York federal judge finding he'd failed to show the company's refusal was an egregious error.

  • May 31, 2024

    Judge Wonders If Wash. Social Media Ban Blocks Free Speech

    A Washington appellate judge on Friday questioned the constitutionality of a state law barring injured workers from posting video of their state workers' compensation medical exams on social media, saying it could be cutting off someone's only way of communicating with the outside world.

  • May 31, 2024

    15 States Sue To Block Biden's ACA Trans Discrimination Rule

    The Biden administration was hit with a lawsuit on Friday over its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, with a group of 15 states claiming the guidance is an effort "to enshrine sweeping gender-identity mandates without congressional consent."

  • May 31, 2024

    Group Sued Over Immigrants' Benefits Too Late, Panel Holds

    A Michigan state appeals court has nixed a nonprofit's challenge to the court's ruling that working while unauthorized is a crime and that immigrant workers are not entitled to benefits once their unauthorized status is discovered, saying the group brought the lawsuit in an untimely manner.

Expert Analysis

  • The Future Of ERISA If High Court Ends Chevron Deference

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    The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Employers, Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

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