Benefits

  • January 18, 2022

    Ill. Atty Can't Collect Comp. Claim, Appeals Court Confirms

    An Illinois appellate panel on Friday affirmed a lower court's judgment against an attorney seeking to collect on his workers' compensation claim against a now-defunct funeral financing company, saying he couldn't show a fraudulent transfer occurred when one of its creditors seized the assets and formed a new company.

  • 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.

Expert Analysis

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • Disability Claim Ruling Holds ERISA Fiduciary Duty Lessons

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    A Massachusetts federal court’s recent disability claim ruling in Host v. First Unum Life Insurance admonished the defendant for breaching its Employee Retirement Income Security Act fiduciary duties when it failed to conduct an independent claim investigation, signaling that plan administrators should be wary of relying solely on employer communications, says Mark DeBofsky at DeBofsky Sherman.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

  • BGC-Cantor Suit Highlights Independent Directorship Issue

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    The Delaware Chancery Court recently sent breach of fiduciary duties claims to trial in the disputed merger between BGC and a unit of Cantor Fitzgerald, highlighting both the legal benefits of seeking out directors that meet the court's criteria of independence from the controller, and the significant, negative impacts when they are not, say attorneys at Fried Frank.

  • Walmart Deal Could Signal New Wave Of Military Leave Claims

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    While commercial airlines have faced the brunt of paid leave claims under the Uniformed Services Employment and Reemployment Rights Act, Walmart’s recent $10 million class action settlement may represent the beginning of a second wave of military leave lawsuits against nonairline companies with certain risk factors, says Joe Skinner at Husch Blackwell.

  • Investment Committee Best Practices For ERISA Plans: Part 2

    Excerpt from Practical Guidance
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    Eric Altholz at Verrill Dana discusses how investment committees that manage retirement plans governed by the Employee Retirement Income Security Act can get the most mileage out of meeting minutes and avoid self-incrimination if they’re obtained by someone seeking to hang the committee by its own documentation.

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • Investment Committee Best Practices For ERISA Plans: Part 1

    Excerpt from Practical Guidance
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    Eric Altholz at Verrill Dana discusses how investment committees can meet their Employee Retirement Income Security Act fiduciary responsibilities when maintaining defined contribution retirement plans and defined benefit pension plans.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

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