• January 12, 2021

    Lyft Drivers Fight For Employee-Status Injunctions At 1st Circ.

    Lyft cannot rely on disputed arbitration agreements to continue flouting Massachusetts law by classifying its drivers as independent contractors, the drivers have told the First Circuit in their bid to reverse a lower court's decision denying them injunctions that would deem them employees.

  • January 12, 2021

    Health Plan Wants Out Of Trans Benefits Coverage Lawsuit

    A West Virginia health plan says is should not have to face a proposed class action challenging state provisions that deny coverage for transgender people, saying it doesn't have to conform with the Affordable Care Act's nondiscrimination clause.

  • January 12, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    Surges in COVID-19 cases led to renewed restrictions in Delaware, Massachusetts and New York this past week, while the pandemic also steered new guidance for New Jersey public schools and a workforce development boost in Pennsylvania. 

  • January 12, 2021

    PBM Lobby Asks High Court To Ax 8th Circ. Benefits Law Win

    The Pharmaceutical Care Management Association has asked the U.S. Supreme Court to vacate its successful Eighth Circuit challenge to North Dakota's regulation of the pharmacy benefit manager industry, saying it agrees with the state that the case needs revisiting in light of a recent high court decision.

  • January 12, 2021

    Holland & Knight Accused Of Conflict In Med Billing Fraud Suit

    Holland & Knight LLP is "playing both sides" in a $17 million personal injury protection fraud suit in Florida federal court, a defendant argued Monday, saying the firm is conflicted and must be disqualified.

  • January 12, 2021

    Ariz. Trans Teens Urge Class Status For Surgery Coverage

    Two Arizona transgender teenagers asked a U.S. district judge to certify a class of young Arizonans on Medicaid who need male chest reconstruction surgery, saying they all face discrimination under the state's blanket exclusion on paying for transition-related surgeries.

  • January 11, 2021

    Impax Investors' Drug Price-Fixing Suit Revived By 9th Circ.

    The Ninth Circuit partially revived a shareholder suit Monday alleging generic-drug maker Impax Laboratories Inc. participated in a price-fixing scheme that led to a dip in the company's stock price, finding that the investors sufficiently alleged the cause of some of their economic losses but missed the mark on others.

  • January 11, 2021

    Bakers' Union Cost Frito-Lay Worker His Severance, Suit Says

    A Bakery, Confectionary & Tobacco Workers and Grain Millers International Union local discriminated against and failed to represent a Frito-Lay Inc. worker by not showing him documents that would have convinced him to accept a severance package, according to a lawsuit filed Monday in Kansas federal court.

  • January 11, 2021

    High Court Won't Weigh In On Cigna's $40M ERISA Suit Win

    The U.S. Supreme Court won't review Cigna's Fifth Circuit win in an ERISA suit that accused the insurer of underpaying a Texas hospital by more than $40 million for insured patients' care, the justices said Monday.

  • January 11, 2021

    Pilgrim's Pride Settles Out Of Price-Fixing Case For $75M

    Pilgrim's Pride on Monday became the largest chicken producer yet to settle out of part of a massive price-fixing case in Illinois federal court that's also targeted the likes of Tyson Foods and Perdue.

  • January 11, 2021

    BP Says It's Time To End Retirees' Pension Plan Suit

    BP urged a Texas federal court to toss the remainder of a proposed class action brought by retirees challenging changes to a pension plan BP made more than 30 years ago, arguing that the company was honest about the changes.

  • January 11, 2021

    DST Workers Settle ERISA Investment Suit For $79M

    DST Systems Inc.'s workers and retirees have struck deals totaling roughly $79 million to settle a proposed ERISA class action accusing their employer, the investment adviser Ruane Cunniff & Goldfarb Inc. and Ruane's CEO of unwisely investing their retirement savings.

  • January 10, 2021

    Top 5 Criminal Justice Reforms Advocates Want Under Biden

    Joe Biden's election as president has sparked hope among criminal justice advocates and organizations that his administration will overhaul the U.S. criminal justice system and implement reforms they have been seeking for years.

  • January 08, 2021

    MedMen Urges Court To Quash Ex-CFO's Legal Fee Demand

    Cannabis company MedMen is fighting back against its former chief financial officer's demand for more than $100,000 in legal fees, saying a California judge's order siding with the executive doesn't mean the company has to pay up now.

  • January 08, 2021

    Justices Urged To Clarify Bar For ERISA Stock-Drop Suits

    Last year, the U.S. Supreme Court punted on a question that has vexed benefits litigators since 2014: What does it take for an ERISA stock-drop suit to withstand a dismissal motion? Now, Wells Fargo employees want the justices to resolve this issue once and for all, in a ruling that could have a seismic impact on how many of these cases make it to trial. 

  • January 08, 2021

    Hawaii Justices Say Benefits Board Was Rigid In Appeal Step

    A carpenter who worked for Hawaii's government had his claims for disability retirement benefits revived by the state's supreme court, which ruled on Friday that the Aloha State's benefits board was unfairly strict with how he wrote his appeal of a board decision.

  • January 08, 2021

    Pomerantz Asks To Take Lead Of Endo Investors' Suit

    Pomerantz LLP asked a Pennsylvania federal judge Thursday to appoint it the new lead counsel in a proposed securities class action accusing Endo International PLC of artificially inflating its stock price, after the court highlighted issues with the Chicago pension fund currently serving as lead plaintiff.

  • January 08, 2021

    Judge OKs Cruise Ship Workers' Deal Over Severance Pay

    A Florida federal judge has signed off on a settlement that will provide up to two months' severance pay for former employees of a Bahamas cruise ship operator who were terminated when the cruise industry shut down because of the COVID-19 pandemic.

  • January 08, 2021

    9th Circ. Affirms Dismissal Of $73M ERISA Suit

    The Ninth Circuit has refused to revive a union member's proposed class action against his pension fund over its alleged failure to prevent a $73 million loss, saying he was asking for relief the court could not grant.

  • January 07, 2021

    Juul Not Likely To Escape Employee's Refreshed NDA Fight

    A California federal judge said during a hearing Thursday he's inclined to leave mostly intact an amended complaint brought by a former Juul Labs Inc. manager alleging the e-cigarette giant uses nondisclosure agreements to stifle whistleblowing, saying the ex-employee's second go-round is specific enough to survive dismissal.

  • January 07, 2021

    Greystar Inks Deal To Settle Proposed ERISA Class Action

    Greystar Management Services LP has inked a deal to settle a proposed Employee Retirement Income Security Act class action challenging its 401(k) plan's investments and fees, the real estate manager and a potential class of current and former workers have told a Texas federal judge.

  • January 07, 2021

    Ski Resort Workers' 401(k) Lawsuit Comes Up Short

    A Colorado federal judge has tossed a proposed class action claiming ski resort Vail Corp. mishandled its 401(k) plan by offering workers expensive, underperforming mutual funds, ruling that criticizing the performance of allegedly unwise investment options wasn't enough to keep the case in court.

  • January 07, 2021

    PBGC Finalizes Rule Simplifying Withdrawal Liability Math

    The Pension Benefit Guaranty Corp. released a final rule Thursday that outlines an easier way to calculate the withdrawal liability of employers that pull out of union pension plans.

  • January 07, 2021

    EEOC Floats Rule Tackling Workplace Wellness Incentives

    The U.S. Equal Employment Opportunity Commission on Thursday unveiled a proposed rule governing what employers can do to encourage workers to join corporate wellness programs, suggesting businesses offer smaller incentives to stay in line with federal anti-discrimination laws.

  • January 06, 2021

    New DOL Rule Lets Employers Give Contractors Benefits

    The worker classification rule finalized by the U.S. Department of Labor on Wednesday allows employers to offer independent contractors benefits without triggering employee status, creating new opportunities for companies to provide incentives — as long as they're careful to mind the rule's other provisions.

Expert Analysis

  • How Relationship Partners Can Draft Winning RFP Responses

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    With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.

  • Securities Litigation Trends That Will Matter Most In 2021

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    As the pandemic rages on, 2021 promises more COVID-19-related securities litigation, as well as significant developments in the law related to federal forum provisions; environmental, social and governance-based derivative lawsuits; disclosure standards; and the presumption of reliance in class certification, say attorneys at Willkie.

  • Law Firm Merger Predictions For 2021

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    After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.

  • 2020 ERISA Litigation Trends Hint At What's Ahead This Year

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    Trends from a record-setting year for Employee Retirement Income Security Act litigation show no signs of slowing down in 2021, with more excessive fee claims targeting smaller plans, health coverage continuation notice lawsuits, and challenges to defined benefit plans’ actuarial assumptions likely on the horizon, say attorneys at Groom Law.

  • The Most-Read Legal Industry Guests Of 2020

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    Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.

  • A Law Firm's Guide To Producing A Podcast

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    Courtney Hudson and Megan Senese at Pillsbury offer tips on how law firms can utilize podcasts to deliver important legal insights to clients in a COVID-19 world, and how to make the process stress-free for participating lawyers and guests.

  • Opinion

    Social Security Rule Changes Will Harm Disabled Workers

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    The Trump administration’s new rules for social security disability appeals and reviews will erode due process for individuals seeking insurance and supplemental income, and result in the wrongful termination of benefits for countless disabled workers, say Samuel Morris and Jessica Wiseman at Godwin Morris.

  • 5 Important E-Discovery Trends And Developments In 2020

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    The rapid adoption of varied remote communication and collaboration tools during the pandemic created new information preservation and privilege considerations this year, while courts and regulators offered some guidance on technology-assisted review and the movement of data across borders, say attorneys at Troutman Pepper and Boehringer Ingelheim.

  • Perspectives

    Judges On Race: The Path To A More Diverse Bench

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    To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.

  • Tips For Identifying A Culturally Competent Mediator

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    Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.

  • How Biden May Save Gig Workers From California's Prop 22

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    While it appears California's Proposition 22 could hinder President-elect Joe Biden’s plans to extend employment status to gig workers across the country, he still has several options for doing so, starting with moves toward defining interstate commerce in a way that results in preemption of state laws, says Ronald Zambrano at West Coast Employment Lawyers.

  • A Look At Spoliation Risk In The 11th Circ., By The Numbers

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    Attorneys at Eversheds Sutherland look at Eleventh Circuit opinions from the past five years to determine the odds of a spoliation finding, and how risks in the federal appeals court compare to those in the federal district and state courts of Alabama, Florida and Georgia.

  • How Calif. Employers Can Handle Work-At-Home Injury Claims

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    Amid an uptick in home-office workers' compensation filings, California employers are advised to familiarize themselves with ways to manage claims from the injuries that can occur while employees are working at home, and the surprising activities that qualify as compensable, says Diana Tsudik at Gilson Daub.

  • COVID-19 Workers' Comp Considerations For Calif. Employers

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    Attorney Michael Sullivan discusses the rules for employers accepting or denying a workers' compensation claim in California, and explains the unique decision-making issues for COVID-19 claims, including a condensed investigation window.

  • Employer Steps To Mitigate Telework Injury Issues

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    Considering the unique workers’ compensation challenges posed by remote employees' injuries, companies should virtually evaluate workspaces for ergonomic hazards, and create policies that clearly define work hours and timekeeping procedures, say Meghan Delaney and Daniel O'Brien at Fisher Phillips.

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