Benefits

  • January 18, 2022

    Trade Group Turns To High Court In Seattle Benefits Law Fight

    A trade group representing large employers urged the U.S. Supreme Court to reverse a Ninth Circuit dismissal of its challenge to a Seattle law requiring hotels to enroll workers in a health plan or give them money to buy their own insurance, arguing that federal benefits laws override such mandates.

  • January 18, 2022

    Musk Attys Call $13B SolarCity Merger Damages Preposterous

    In a proposal dubbed "preposterous" by the other side, Tesla stockholder attorneys suggested a $13 billion stock giveback Tuesday as one remedy in a suit challenging Tesla CEO Elon Musk's allegedly conflicted role in the electric car company's 2016 acquisition of rooftop solar panel venture SolarCity. The suggestion came during post-trial merger challenge arguments in Delaware's Chancery Court.

  • January 18, 2022

    Puerto Rico Restructuring Plan Gets Long-Awaited Court OK

    The federal judge overseeing Puerto Rico's bankruptcy case approved the proposed fiscal adjustment plan for the island's government Tuesday, after nearly four years in court.

  • January 18, 2022

    Teva Reaches $420M Deal To End Investors' Price-Fixing Suit

    Teva Pharmaceutical Industries Ltd. has agreed to pay $420 million to resolve an investor class action accusing the pharmaceutical giant of being at the center of an industrywide price-fixing scheme.

  • January 18, 2022

    9th Circ. Revives $8.6M Reimbursement Suit Against Cigna

    The Ninth Circuit ruled that a lower court erred when it tossed a lawsuit accusing Cigna of violating federal benefits law by denying $8.6 million worth of reimbursement requests for out-of-network mental health and substance abuse treatment from a health care provider that went bankrupt, finding that a corporate successor had a green light to sue. 

  • January 18, 2022

    Chancery Judge Says Tesla CEO's Pay Docs Can Stay Sealed

    A Delaware Chancery Court vice chancellor denied a third party's bid to unredact documents at issue in a derivative shareholder lawsuit over Tesla CEO Elon Musk's pay package, finding Musk and Tesla board members had demonstrated good cause to keep the information private.

  • January 18, 2022

    USW Workers Want Class Cert. In Benefits Termination Suit

    A group of retired United Steelworkers members asked an Indiana federal judge to certify a class in their lawsuit claiming their former employer, a Pittsburgh aluminum manufacturer, illegally terminated their life insurance.

  • January 18, 2022

    High Court Won't Hear Delphi Retirees' Pension Plan Suit

    The Supreme Court on Tuesday declined to hear an appeal by Delphi Corp. retirees contesting the federal Pension Benefit Guaranty Corp.'s right to shut down Delphi's pension plan after the company's 2005 bankruptcy.

  • January 14, 2022

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 14, 2022

    The Firms That Dominated In 2021

    Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

  • January 14, 2022

    Broadridge Unit Ignored Discovery Order, Energy Co. Says

    A subsidiary of financial technology company Broadridge Financial Solutions is violating court-ordered discovery and federal law by refusing to disclose information related to the fees it collected while handling retirement assets, a proposed class told a Texas federal court.

  • January 14, 2022

    High Court Will Decide Error Standard For Vets' Benefit Cases

    The U.S. Supreme Court on Friday agreed to take a case over whether a veteran could challenge as "clear and unmistakable error" the U.S. Department of Veterans Affairs' denial of his benefits claim based on a later-invalidated regulatory interpretation.

  • January 14, 2022

    401(k) Plan Trustees Get Class Cert. In Foreign Tax Credit Row

    A Florida federal judge certified a class of employee retirement plan administrators Friday in a suit accusing a life insurance company of improperly benefiting from $100 million in foreign tax credits and failing to pass along the funds.

  • January 14, 2022

    Pa. Worker's Off-Site Sandwich Run Didn't Take Him Off Clock

    A Pennsylvania man was still on the clock when he crossed the street to buy a sandwich, and therefore was eligible for workers' compensation when he slipped and was injured during the outing, a Commonwealth Court panel ruled Friday.

  • January 14, 2022

    Medical Practice Says Union Owes $576K For COVID-19 Tests

    A Connecticut medical practice has hit a health care union with a federal lawsuit accusing it of failing to reimburse the company for roughly $576,000 worth of COVID-19 testing for union members, saying the union has ignored outreach attempts and paid a fraction of what's owed.

  • January 14, 2022

    Ex-NFLer Deserves 2 Years For $3.9M Benefits Plot, Feds Say

    Prosecutors told a Kentucky federal judge Thursday that retired National Football League wide receiver Tamarick Vanover should spend roughly two years in prison for his role in a scheme to pilfer $3.9 million from a league health plan.

  • January 14, 2022

    Patients Can't Yet Score Win In UBH Surprise Billing Suit

    A California federal judge denied patients' bid for a victory in their proposed class action accusing United Behavioral Health of violating the Employee Retirement Income Security Act by underpaying claims for out-of-network care.

  • January 14, 2022

    NJ Court Officials Aim To Shield Judge's Pension Memos

    New Jersey judiciary officials have urged a state court to prevent a state judge from publicly disclosing two internal memos as she pursues a lawsuit alleging they orchestrated the state Supreme Court's denial of her disability pension application, saying the process for reviewing such applications must remain confidential.

  • January 14, 2022

    Hospital Workers Target Fees Paid By $10B Retirement Plan

    A group of employees hit Mass General Brigham with a proposed class action alleging that the company ran afoul of federal benefits law by letting their $10 billion retirement plan pay millions of dollars more than it should have in administrative fees.

  • January 14, 2022

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

    The past week has seen the University of Cambridge sue MasterCard, British makeup brands face off over intellectual property, and the National Crime Agency bid to seize assets from a lottery jackpot winner. Here, Law360 looks at these and other new claims in the U.K.

  • January 13, 2022

    Cabot Beats Investor Suit Over Groundwater Pollution Claims

    A Texas federal judge dismissed securities fraud claims against Cabot Oil & Gas Corp. on Wednesday, but also decided to give investors one more shot at amending their allegations that the company concealed problems with its environmental controls that caused the pollution of residential groundwater in Pennsylvania.

  • January 13, 2022

    Attys Want $12M After Perrigo Tax Bill Settlement

    Attorneys representing a pair of pension funds in a $31.9 million securities fraud settlement with drugmaker Perrigo asked a New York federal court for $12 million in fees and expenses, saying it's warranted given the litigation's extraordinary demands.

  • January 13, 2022

    COVID 'Long Hauler' Says Disability Claim Wrongly Denied

    An employee for Cengage Learning Inc. has sued the digital education company and its benefits provider in California federal court, asserting she was improperly denied total disability benefits for lingering COVID-19 symptoms, including forgetfulness and "constant mental fog."

  • January 13, 2022

    Consulting Co. Workers Say Iffy 401(k) Funds Cost Them $85M

    Workers hit consulting company Milliman Inc. with a proposed class action in Seattle federal court Thursday, saying the company ran afoul of the Employee Retirement Income Security Act by offering risky investment options that caused its retirement plan to lose $85 million.

  • January 13, 2022

    Worker Says Wells Fargo Scared Her Out Of COBRA Coverage

    An ex-worker slapped Wells Fargo with a proposed class action in Florida federal court accusing the bank of discouraging employees from seeking continuing health coverage by telling them that filling out forms incorrectly could be seen as fraud.

Expert Analysis

  • How SEC Proposal Would Change Stock Buyback Landscape

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    The U.S. Securities and Exchange Commission's recent proposal to enhance and modernize public companies' disclosures concerning repurchases of their own equity securities may result in significant changes in the popularity and conduct of stock buybacks, say Justin Chairman and Celia Soehner at Morgan Lewis.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

  • How Budget Bill Could Affect Employer Health, Benefit Plans

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    Following the House's recent passage of President Joe Biden’s $1.75 trillion spending bill — the Build Back Better Act — employers should carefully consider several of the proposal’s health care and benefits provisions, which could pose immediate compliance challenges if the act is signed into law this year, say Anne Hall and Tim Kennedy at Hall Benefits Law.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

  • Despite DOL Proposed Rule, ESG Investing Faces Barriers

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    While a recently proposed rule from the U.S. Department of Labor would make it easier to consider environmental, social and governance factors in retirement plan investment decisions, fiduciaries may tread carefully in the face of extensive litigation against defined contribution plans, says William Pollak at O'Melveny.

  • Series

    Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

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    Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

  • Balance Seems To Elude Justices In Northwestern ERISA Case

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    At recent oral arguments before the U.S. Supreme Court in Hughes v. Northwestern University, a major sticking point centered on finding a pleading standard for Employee Retirement Income Security Act excessive fee claims that ensures protection for both plans and participants — but it’s unclear where that middle ground might be, says Dawn Murphy-Johnson at Miller & Chevalier.

  • For Junior Lawyers, Authenticity And A Solid Pitch Are Key

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    With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

  • A Compliance Primer For Attorneys Outsourcing Legal Work

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    Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

  • New ERISA Rulings Diverge On Civil Procedure

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    The Third Circuit’s recent decision in Noga v. Fulton Financial Employee Benefit Plan, which applied administrative law principles in reinstating a claimant’s Employee Retirement Income Security Act benefits, deviates from a rising chorus of judicial voices and fails to help repair ERISA's civil procedure, says Mark DeBofsky at DeBofsky Sherman.

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • The State Of Article III Standing In ERISA Cases

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    Elizabeth Hopkins at Kantor & Kantor reviews federal district and appellate court Employee Retirement Income Security Act cases from the year and a half since the U.S. Supreme Court decided Thole v. U.S. Bank, and discusses how the justices’ opinion has not simplified Article III analysis in the ERISA context.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

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