Benefits

  • January 24, 2022

    The Leaderboard: Tracking A Firm's Litigation Footprint

    Follow a firm’s litigation footprint in federal district courts across the country with our interactive chart.

  • January 24, 2022

    High Court Revives Northwestern Workers' ERISA Suit

    The U.S. Supreme Court revived a proposed class action Monday from Northwestern University workers who accused the school of violating federal law by saddling their retirement plan with high fees and poor investments, saying the fact that workers could choose their investments didn't bar their suit.  

  • January 21, 2022

    CalSavers Urges Supreme Court To Reject Auto-IRA Appeal

    California's state-run retirement program on Friday asked the U.S. Supreme Court to reject an anti-tax group's challenge, arguing that the Ninth Circuit correctly found that the program wasn't preempted by the Employee Retirement Income Security Act because it's not an "employee benefit plan" under ERISA.

  • January 21, 2022

    9th Circ. Breathes New Life Into $50M Suit Against 49 Insurers

    A Ninth Circuit panel partially revived a suit accusing nearly 50 insurers of owing about $50 million for their customers' treatment at a Southern California mental health and substance abuse rehab facility, holding that the ERISA claims pass muster.

  • January 21, 2022

    Illinois Justices Revive Bulley & Andrews Workers' Comp Suit

    The Illinois Supreme Court on Friday allowed a concrete worker to sue Bulley & Andrews LLC for back injuries he sustained working for one of its subsidiaries, finding that only his direct employer is protected by the state's workers' compensation law.

  • January 21, 2022

    DISH Network Sued Over 401(k) Fees, Investment Lineup

    DISH Network was hit with a proposed class action in Colorado federal court by ex-workers who say the cable company violated federal benefits law by saddling their $841 million retirement plan with excessive administrative costs and offering expensive investment options that didn't perform well.

  • January 21, 2022

    NJ Judge Seems At Risk Of Facing Psych Exam In Bias Suit

    A New Jersey federal judge seemed inclined Friday to direct a state judge to undergo a psychiatric examination by a defense expert as she pursues a lawsuit alleging state judiciary officials created a toxic workplace environment that left her emotionally distressed, citing how her own psychiatrist diagnosed her with certain mental conditions.

  • January 21, 2022

    Ex-NFLer Faces Restitution After COVID-19 Scam Sentence

    Former NFL wideout Kenbrell Thompkins will spend more than two years in prison for swiping Social Security numbers in a $300,000 COVID-19 unemployment insurance scheme, but the receiver's restitution remains up in the air until next month, court records show.

  • January 20, 2022

    Fed. Circ. Says Retired Military Can Serve On Records Board

    The Federal Circuit ruled Thursday that retired military members count as civilians for service on the Board for Correction of Naval Records, refusing to overturn a decision denying a veteran's bid to fix alleged errors in his separation records.

  • January 20, 2022

    Health Co. Gets ERISA Suit Booted To Arbitration

    A Florida federal court on Thursday granted a health care company's push to send a proposed class action challenging allegedly excessive retirement plan fees to arbitration, backing the validity of the plan's arbitration agreement with its participants.

  • January 20, 2022

    Sutter Judge 'Optimistic' Virus Won't Further Delay Jury Trial

    A California federal magistrate judge expressed optimism Thursday that the jury trial in a decade-old $489 million class action alleging Sutter Health engaged in anti-competitive practices can begin Feb. 9 after being derailed by the COVID-19 pandemic, saying she'll require 100% masking and allow some witnesses to appear remotely.

  • January 20, 2022

    Green Dot Investors Can't Get Lead Plaintiff Pick Revised

    A California federal judge won't reconsider whether a group of three institutional investors should collectively be named lead plaintiff in a proposed securities class action accusing fintech company Green Dot of "self-sabotaging" with its business strategy.

  • January 20, 2022

    Alsup Mulls $113M Atty Fees In $454M Glumetza Antitrust Deal

    U.S. District Judge William H. Alsup said on Thursday he will grant final approval to $454 million in settlements resolving direct Glumetza buyers' class claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug, but said he's still weighing attorneys' $112.8 million fee bid.

  • January 20, 2022

    Ex-NFLer Gets 1 Year In Prison For $3.9M Health Plan Fraud

    Retired National Football League wide receiver Tamarick Vanover was sentenced in Kentucky federal court Thursday to a year in prison for his role in a $3.9 million scheme to defraud a league health plan, according to the former player's lawyer.

  • January 20, 2022

    DaVita Tells Justices Not To Touch Win In Reimbursement Row

    Dialysis provider DaVita urged the U.S. Supreme Court to uphold a Sixth Circuit ruling that an Ohio hospital, its employee health plan and an insurer unlawfully skimped on reimbursements for dialysis treatments, arguing their policies were forcing patients with serious kidney problems onto Medicare.

  • January 20, 2022

    3rd Circ. Wary Of ERISA Suit Over Asbestos In J&J Powder

    The Third Circuit appeared skeptical Thursday about reviving a proposed class action filed by former Johnson & Johnson employees who claim the company hurt their retirement savings by concealing the presence of asbestos in its baby powder, pointing to the high bar for pursuing a federal benefits law case.

  • January 19, 2022

    NY Fund Urges Amazon, Others To Scrutinize Race Policies

    The New York state comptroller's office said Wednesday that the state's approximately $270 billion public pension fund wants shareholders of Amazon.com Inc., Chipotle Mexican Grill and three other companies to back independent audits of their racial equity practices to spot potential risks to the companies' finances.

  • January 19, 2022

    8 Firms Jockey For Lead In Investors' Suit Against Peloton

    Eight law firms have submitted bids to a New York federal judge to lead a proposed class of Peloton Interactive Inc. investors who claim the fitness-equipment company made false assurances about the company's success in relation to the COVID-19 pandemic.

  • January 19, 2022

    Health Co. Can't Get 6th Circ. To Shut Down ACA Bias Suit

    The Sixth Circuit rejected Tennessee-based Covenant Health's bid to upend a ruling that made way for a deaf man's Affordable Care Act discrimination suit claiming he was denied a sign-language interpreter despite communication issues with doctors.

  • January 19, 2022

    SEC's Gensler Targets Private Equity And Hedge Fund Fees

    U.S. Securities and Exchange Commission Chairman Gary Gensler on Wednesday said regulators will seek to bolster transparency regarding private equity and hedge fund fees this year, expressing concern that steep transaction costs are hurting investors.

  • January 19, 2022

    Mattel, Investors Get OK On $98M Deal Over Tax Misstatement

    A California federal judge preliminarily approved a $98 million settlement in a class action brought by investors against Mattel and PwC claiming the companies misled them by understating an income tax expense and conspiring to conceal the error.

  • January 19, 2022

    Latham Grows Exec Compensation Practice With Sidley Atty

    Latham & Watkins LLP is boosting its executive compensation, employment and benefits practice with the addition of a former Sidley Austin LLP partner to its Chicago office, according to the firm.

  • January 19, 2022

    Boston Children's Retirement Plan Too Pricey, Suit Says

    Boston Children's Hospital drained the pockets of its former employees by having them pay sky-high record-keeping fees on its retirement plan while also pushing them to invest in a suite of expensive, underperforming mutual funds, former employees said in a class action filed Tuesday.

  • January 18, 2022

    Justices Turn Down NC Health Plan Transition Coverage Battle

    The U.S. Supreme Court refused on Tuesday to review a Fourth Circuit ruling that a North Carolina health plan was not immune from a lawsuit lodged by state employees who said its exclusion of gender transition services is discriminatory, allowing the case to move forward.

  • January 18, 2022

    Justices Asked Not To Review Medical Pot Reimbursements

    A unit of the Hartford Financial Services Group has asked the U.S. Supreme Court to deny hearing an appeal over whether medical marijuana expenses should be reimbursed, saying this was neither the right case nor the right time for the high court to take up the issue.

Expert Analysis

  • 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.

  • Navigating CARES Act Social Security Tax Deferral Payments

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    Attorneys at Morgan Lewis examine Internal Revenue Service guidance on payment of employer-share social security tax deferrals due Jan. 3 under the Coronavirus Aid Relief and Economic Security Act, and offer tips for avoiding costly underpayment and late deposit penalties.

  • SEC's Proxy Voting Proposal Could Shake Up Private Funds

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    The U.S. Securities and Exchange Commission's recently proposed proxy voting rule would require many private fund managers to disclose their executive compensation votes for the first time, potentially affecting how managers pursue investment strategies, say attorneys at Schulte Roth.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • 6th Circ. ERISA Ruling Highlights Dubious Court Practices

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    A recent concurring opinion from Sixth Circuit Judge Eric Murphy in Card v. Principal Life Insurance is the first to question remands in Employee Retirement Income Security Act cases, opening a long-overdue dialogue on several questionable court practices that deviate from the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Sherman.

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