Benefits

  • April 24, 2025

    GE Investors' $362.5M Deal Gets Final OK, Attys Get $70M

    A New York federal judge on Thursday gave final approval to a $362.5 million deal and awarded attorneys from Kessler Topaz Meltzer & Check LLP and Grant & Eisenhofer PA nearly $70 million in attorney fees for their work in a class action that accused General Electric Co. of fraudulently concealing cash flow problems.

  • April 24, 2025

    Ex-Guard Claims Security Co. Cheated Her On Pay, Insurance

    A security company failed to pay a former security guard wages while also making illegal deductions from her pay, including for bogus health insurance coverage, and fired her once she complained, the former employee said in a lawsuit in California state court.

  • April 24, 2025

    7th Circ. Backs Employers In Pension Fund Withdrawal Fight

    The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.

  • April 24, 2025

    JPMorgan, Retiree Resolve Benefits Freeze Suit

    A former JPMorgan worker dropped a Second Circuit bid to revive his lawsuit claiming the financial giant failed to properly disclose how changes to an employee pension plan could result in a freeze on participants' benefits.

  • April 23, 2025

    Retirement Co. Hit With $38.8M Jury Verdict In ERISA Action

    A New York federal jury Wednesday awarded a 27,000-member class of retirement plan participants nearly $38.8 million after finding that Pentegra Retirement Services violated federal benefits law by saddling a $2.1 billion 401(k) plan with excessive administrative fees.

  • April 23, 2025

    GoodRx Beats Investor Suit Over Kroger-Linked Biz

    GoodRx Holdings Inc. has escaped a proposed shareholder class action alleging it concealed from investors the indispensability of its relationship with Kroger, according to an order signed by a California federal judge who said the suit does not show GoodRx knew Kroger had plans to renegotiate its contracts.

  • April 23, 2025

    Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.

    Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.

  • April 23, 2025

    Software Co. Can't Escape 401(k) Investment Suit

    A California federal judge refused to toss a federal benefits lawsuit from former ServiceNow employees alleging the cloud computing company kept an underperforming suite of target-date funds in its 401(k) plan for over a decade, finding allegations of a deficient process should proceed to discovery.

  • April 23, 2025

    GOP Leader Proposes Modernizing Contractor Rules

    U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.

  • April 23, 2025

    Insurers Settle $1.1M Ryobi Battery Fire Claims

    A group of insurers including The Hartford has agreed to settle a consolidated lawsuit alleging that a defective Ryobi power tool battery caused a fire that led to at least $1.1 million in losses to three businesses, according to a Wednesday notice filed in Connecticut federal court.

  • April 22, 2025

    Firms Vie To Lead Trade Desk Investor Suit Over AI Rollout

    Robbins Geller, Bernstein Litowitz and other firms are seeking to represent a proposed class of investors in a suit alleging global digital marketing venture The Trade Desk Inc. hid snags that ultimately delayed the rollout its artificial intelligence-driven ad-buying platform.

  • April 22, 2025

    Santos, Attys Say Social Media Posts Don't Negate Remorse

    George Santos and his attorneys wrote to a Brooklyn federal judge saying the former Congressman's posts on social media claiming to be a victim of government persecution don't negate the remorse he feels for stealing from campaign donors and inflating fundraising numbers.

  • April 22, 2025

    Hogan Lovells Adds Ex-HHS Atty To Health Practice

    Hogan Lovells on Tuesday announced the arrival of a former U.S. Department of Health and Human Services attorney to the firm's global regulatory and intellectual property practice group.

  • April 22, 2025

    Del. Justices Order Matterport CEO Cash-Out Recalculation

    Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.

  • April 22, 2025

    Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits

    California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.

  • April 22, 2025

    Parker-Hannifin Workers Asked For Input On 401(k) Fund Case

    Parker-Hannifin Corp. employees were asked Monday to respond to a petition seeking U.S. Supreme Court review of their recently revived 401(k) plan mismanagement allegations.

  • April 22, 2025

    Wells Fargo 'Sham' Hiring Suit Delayed For Mediation

    A California federal judge agreed to move deadlines in a proposed investor class action accusing Wells Fargo of conducting "sham" job interviews to meet diversity targets that later triggered a stock drop when the practice was revealed, citing plans to attempt mediation in May.

  • April 22, 2025

    Religious Carveout Can't Shield Aid Group From Gay Bias Suit

    A religious humanitarian nonprofit violated Maryland law by terminating health insurance for a gay ex-worker's husband, a federal judge ruled, saying a statutory exemption for religious organizations didn't apply because the former employee's data analyst job didn't support the group's core mission.

  • April 21, 2025

    Intel Retirees Seek Cert. In ERISA Suit Over Annuity Changes

    A proposed class of nearly 2,000 Intel Corp. retirees urged a California federal judge on Monday to certify the retirees' Employee Retirement Income Security Act claims alleging Intel relied on outdated mortality assumptions when it converted their single life annuities to a joint and survivor design, resulting in lower payouts.

  • April 21, 2025

    Teamsters Unit Drops Health Insurance Suit Against Mich. Co.

    A Teamsters local has dropped its lawsuit against a Detroit trucking company, indicating it will no longer pursue breach-of-contract litigation in Michigan federal court over the company's alleged failure to notify workers that they needed to sign up for health insurance.

  • April 21, 2025

    Premera's Teen Trans Policy 'Textbook' Sex Bias, Judge Says

    Premera Blue Cross discriminated based on sex against transgender teens at the center of a lawsuit alleging the insurer and health plan administrator illegally denied coverage for gender-affirming chest surgery, according to a Washington federal judge who also denied class certification because the teens' claims are not typical of class members.

  • April 21, 2025

    Veterans Urge High Court To Ax Time Bar For Compensation

    Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.

  • April 21, 2025

    DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule

    The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.

  • April 21, 2025

    AG Accuses NJ Luxury Tower Contractors Of Labor Violations

    New Jersey's attorney general on Monday announced a lawsuit against a general contractor and a group of subcontractors for shorting workers on wages and benefits during the construction of a Jersey City luxury high-rise.

  • April 21, 2025

    Trucking Co. Still Owes Most Of $10M Pension Bill, Court Told

    A Michigan-based trucking company has stopped making payments toward a $10 million bill owed to a Teamsters pension fund after partially withdrawing from the plan, the fund said in a complaint filed Monday in Illinois federal court.

Expert Analysis

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Parsing NJ Court's Rationale For Denying Lipitor Class Cert.

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    A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.

  • Series

    After Chevron: Challenges Loom For PBGC Actions

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    After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • A Guide To Long-Term, Part-Time Employee Determinations

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    With final regulations under the Secure Act requiring 401(k) retirement benefits for long-term, part-time employees expected soon, Amy Sheridan and David Guadagnoli at Sullivan & Worcester look at how the proposed rules would shift the risk-reward calculus on excluding categories of employees, and what plan sponsors would need to consider when designing retirement plans.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Why Calif. Courts Are Split On ERISA Forfeited Contributions

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    A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

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