Benefits

  • March 01, 2021

    ERISA Group Asks 9th Circ. To Scrap Seattle Benefits Law

    The ERISA Industry Committee urged the Ninth Circuit on Monday to find that a Seattle ordinance requiring large hotels to pay workers for health care coverage is preempted by federal law, arguing that the ordinance isn't merely "wage-like" because it requires a new system to dole out differing payment amounts based on marital status and family size.

  • March 01, 2021

    Fiat Chrysler Pleads Guilty In UAW Corruption Case

    Fiat Chrysler formally pled guilty Monday in Michigan federal court to conspiring to violate federal labor law by giving millions of dollars in illegal payments and gifts to senior United Auto Workers officials to curry favor during collective bargaining.

  • March 01, 2021

    Fired King & Spalding Atty Gets Tentative June Trial Date

    A former King & Spalding LLP attorney who claims he was fired for raising ethical concerns could bring his case before a Manhattan federal jury as early as June, a judge said Monday, though coronavirus restrictions could further delay the case.

  • March 01, 2021

    J&J Brushes Off ERISA Suit Over Asbestos In Baby Powder

    Johnson & Johnson has defeated accusations of jeopardizing its workers' retirement security by hiding the presence of asbestos in its baby powder, with a New Jersey federal judge axing a proposed ERISA class action claiming the company's actions cost its employee stock ownership plan millions of dollars.

  • March 01, 2021

    Corp. Tax Hikes In Virus Bill Could Preview Dems' Playbook

    A push by Democrats to reverse corporate tax cuts to partly finance the House-passed pandemic response package could become a blueprint for paying for future Democratic priorities, including permanent tax cuts for families.

  • March 01, 2021

    Trans Prof's Bid To Block Health Care Exclusion 'Premature'

    A federal judge squashed a bid by a transgender University of Arizona professor to block a health plan coverage exclusion for gender dysphoria surgery, saying that to grant his request at this point in the case would be jumping the gun.

  • March 01, 2021

    High Court Will Review Ex-National Guard Pilot's Benefits Bid

    The U.S. Supreme Court agreed Monday to review the Sixth Circuit's holding that a retired National Guard pilot who also worked as a technician in a civilian role can't get the full Social Security benefits he requested.

  • March 01, 2021

    High Court Will Take Up Case On Puerto Rican SSI Benefits

    The U.S. Supreme Court said Monday it would hear the government's appeal of a ruling extending Supplemental Security Income disability benefits to Puerto Rico residents, in a case that could have wide-ranging impacts on U.S. territorial inhabitants.

  • February 27, 2021

    House Approves Biden's $1.9T Pandemic Relief Package

    House lawmakers approved a $1.9 trillion package of economic incentives designed to combat the coronavirus pandemic early Saturday, but its fate is uncertain in the Senate, where bipartisan objections to raising the minimum wage could derail the legislation.

  • February 26, 2021

    Wells Fargo Inks $95M Deal To End Consultants' Wage Claims

    Wells Fargo has agreed to pay an additional $70 million to resolve claims from thousands of mortgage consultants alleging the bank stiffed them by clawing back hourly wages and vacation time from their earned sales commissions, adding to the $25 million it has already paid, the workers told a California federal judge Friday.

  • February 26, 2021

    ERISA Suit Says Princeton Illegally Took Parts Of Settlements

    A Princeton University health insurance plan administered by Aetna demanded that members repay it for coverage using funds from injury settlements, according to a proposed class action removed to Pennsylvania federal court on Friday.

  • February 26, 2021

    Puerto Ricans Ineligible For Fed. Benefits, Gov't Tells Court

    The First Circuit should overturn a lower-court decision extending government benefits such as Social Security to Puerto Ricans and affirm constitutional law recognizing that the island's residents are not entitled to them, government attorneys have told the court.

  • February 26, 2021

    Fidelity Workers' Attys Get $9M Cut Of 401(k) Settlement

    A Boston federal court approved $9 million in fees Friday for the attorneys who helped current and former Fidelity Investments employees secure a $28.5 million settlement in their suit accusing the company of loading its workers' 401(k) plans with costly, proprietary investment options.

  • February 26, 2021

    Consumer Protection Partner Joins Ahdoot & Wolfson In Philly

    Ahdoot & Wolfson PC has added a seasoned class action and consumer protection lawyer to its East Coast team, the firm announced Thursday.

  • February 26, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the self-proclaimed inventor of Bitcoin take action against a group of cryptocurrency developers, law firms Eversheds Sutherland and Gowling WLG caught up in a pensions lawsuit, and Mercedes-Benz facing the prospect of another group action over alleged "cheat devices." Here, Law360 looks at those and other cases.

  • February 25, 2021

    Universal Health Slams Class Cert. Bid In 401(k) Fee Suit

    Universal Health Services Inc. has slammed its workers' bid for class status in their challenge to the company 401(k) plan's investments and fees in Pennsylvania federal court, arguing that the plaintiffs only invested in seven of the 37 investment funds they say were imprudent.

  • February 25, 2021

    6th Circ. Won't Rethink Delphi Retirees' Loss In Pension Case

    A Sixth Circuit panel won't rethink its September decision to greenlight the shutdown of Delphi Corp.'s pension plan for salaried employees, upholding the Pension Benefit Guaranty Corp.'s win in the case Thursday.

  • February 25, 2021

    Insurers Can't Be Charged For Medical Pot, Mass. Court Says

    A Massachusetts appellate court held on Thursday that a worker injured on the job can't charge his health insurer for the cost of his medical marijuana, citing a precedent-setting case from last year that settled the issue in the Bay State.

  • February 25, 2021

    Universal Health Services Settles Investor Suit for $17.5M

    Investors in hospital and health care services company Universal Health Services have asked a federal judge in Philadelphia to give an initial nod to a $17.5 million settlement agreement that, if approved, would end claims the company misrepresented its success.

  • February 25, 2021

    Cigna Wants Out Of NJ Radiology Lab's Virus Coverage Suit

    Cigna Health and Life Insurance Co. has called on a New Jersey federal court to end a radiology lab's suit alleging it improperly refused to pay nearly $400,000 for COVID-19 services, saying the business failed to provide the "core information" needed to back up its ERISA claim.

  • February 25, 2021

    Caplin Withdraws As Lead Counsel In $2.1B Danish Tax Row

    Caplin & Drysdale Chtd. is exiting its role as lead counsel for pension funds in a $2.1 billion tax refund fraud suit brought by Denmark's tax authority in New York federal court because the plans cannot continue paying the firm.

  • February 24, 2021

    SEC Dings Gulfport Energy, Ex-CEO Over Undisclosed Perks

    The U.S. Securities and Exchange Commission on Wednesday settled separate claims against Gulfport Energy and its former CEO that they allegedly failed to properly disclose certain perks and transactions, leveling a fine of more than $88,000 against the former executive.

  • February 24, 2021

    Apache Faces Investor Suit Over Failed Drilling Project

    A Massachusetts-based pension group has accused energy giant Apache of lying about the prospects of a massive oil and gas extraction project in the Permian Basin of West Texas and New Mexico, causing Apache's stock to drop by over 83% as the project went bust.

  • February 24, 2021

    Judge OKs LSC Ch. 11 Plan With $8M Pension Deal

    A New York bankruptcy judge on Wednesday approved a liquidation plan for bankrupt commercial printing company LSC Communications that includes nearly $8 million in payments from the company's former parent for its retirees.

  • February 24, 2021

    Jones Day Says It Fired Atty For Threats, Not Leave Request

    Jones Day's decision to fire an associate who complained about the firm's leave policies was above board, the company said, arguing the attorney was dismissed for "extortionately threatening" the firm in his demand, not for the request itself.

Expert Analysis

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • How New Mass. Family Leave Interacts With Existing Laws

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    As Massachusetts employers consider employee requests for benefits under the state's recently effective paid parental and family leave program, they must also evaluate how the law intersects with other leave requirements, such as the federal Family and Medical Leave Act and the Massachusetts Parental Leave Act, says Stéphanie Smith at Casner & Edwards.

  • Tax Takeaways From India's Proposed Budget

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    Consultants at Deloitte discuss the tax implications of India's latest budget proposals, including the potential benefits for foreign portfolio investors and offshore funds migrating to India's new international financial services center, and the possible rise of M&A costs.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • A Possible Solution To ERISA's Records Retention Burden

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    Recent U.S. Department of Labor guidance will be helpful in reuniting lost participants with their benefits under the Employee Retirement Income Security Act, but with records retention remaining a hurdle, plan administrators and participants sharing in the responsibility may be the answer, say attorneys at Michael Best.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • New ERISA Ruling May Cut Claimants' Timeliness Guesswork

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    An Illinois federal court's recent ruling in Hewitt v. Lincoln Financial offers new clarity on the statute of limitations for filing a benefit claim lawsuit under the Employee Retirement Income Security Act — a welcome development given uncertainty following the U.S. Supreme Court's 2013 ruling in Heimeshoff v. Hartford Life, says Mark DeBofsky at DeBofsky Sherman.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • 3 Takeaways From Intel Retirement Plan Leaders' ERISA Win

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    A California federal judge's recent dismissal of Anderson v. Intel Corp. Investment Policy Committee marks the first time a court substantively addressed a sponsor's fiduciary duty on nontraditional investments under the Employee Retirement Income Security Act, and offers new clarity on designing alternative investments, say attorneys at Ropes & Gray.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

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