Benefits

  • January 05, 2021

    Midlands Can Keep Award Over $5.76M Retirement Plan Theft

    A Colorado federal judge has upheld an arbitration award issued after Midlands Management Corp. successfully challenged Matrix Trust Co.'s role in the theft of $5.76 million from a former Midlands sister company's retirement plan, ruling that Matrix blew its chance to fight the award.

  • January 05, 2021

    High Court Seeks Workers' Input On Gannett ERISA Fight

    The U.S. Supreme Court hinted it might want to review a split Fourth Circuit decision that revived a would-be class action accusing Gannett Co. of dropping the ball by letting workers sink their retirement savings into the stock of a company Gannett spun off in 2015.  

  • January 04, 2021

    Nissan Exec Freed From Investors' Pay Scandal Suit

    A Tennessee federal judge dismissed one Nissan executive from a putative securities fraud class action, but kept others who have been trying to get out of a suit that seeks to hold the automaker and its fugitive ex-chairman liable for investors' alleged losses.

  • January 04, 2021

    DOL Says Extending FFCRA Leave Earns Cos. Tax Credit

    Now that the Families First Coronavirus Response Act's paid leave requirement has expired, companies have no obligation to fund employees' sick time or family leave — but, if they keep doing so through March 31, they can collect a tax credit, the U.S. Department of Labor has told employers.

  • January 04, 2021

    Valero Unit Keeps Texas Trial Win In Suit Over Worker's Death

    A Texas appellate court has upheld a jury's decision to clear a Valero unit in a worker's heatstroke death while he was wearing impermeable personal protective equipment, saying the use of more employer-friendly Louisiana law in the case was correct.

  • January 04, 2021

    B. Braun Medical Ex-Workers Fight To Save 401(k) Fee Dispute

    Four former B. Braun Medical Inc. employees urged a Pennsylvania federal judge to preserve their challenge to the company 401(k) plan's fees, arguing Monday that a recent ruling undermines the medical device manufacturer's bid to toss their proposed ERISA class action.

  • January 04, 2021

    Ex-Dolphins Accountant Throws Flag On Benefits Denial

    A former Miami Dolphins executive has slapped the team and the NFL with a lawsuit in Florida federal court, saying they violated federal benefits law by knowingly misclassifying him as a contractor to avoid having to shell out benefits.

  • January 04, 2021

    Investor Seeks Records In $1.37B Takeover Of Building Co.

    A pension fund demanded records detailing the $1.37 billion private equity takeover of building materials company Foundation Building Materials, telling the Delaware Chancery Court that it wants to determine whether the deal was fairly valued.

  • January 04, 2021

    Kirkland-Guided Paycor Nabs $270M In Fresh Investments

    Private equity-backed Paycor, guided by Kirkland & Ellis LLP, said Monday that an investor consortium will inject $270 million into the payroll software company to help fuel growth.

  • January 04, 2021

    Walmart To Pay Up To $14M For Truce In Military Leave Suit

    Walmart has agreed to shell out between $10 million and $14 million to settle a class action claiming it stiffed employees in the armed services on pay when they took short-term military leave.

  • January 01, 2021

    Devil's In The Details As Union Pension Crisis Awaits Biden

    President-elect Joe Biden is expected to eventually sign a legislative fix for the funding crisis currently threatening union retirees' pensions, but exactly what that solution will look like will depend on Congress, experts say. Here, Law360 looks at the prospects for pension reform and other benefits changes in 2021

  • January 01, 2021

    Epic Litigation Landscape Awaits Health, Life Sci Attys In 2021

    Health care and life sciences lawyers are heading into an electrifying year of litigation as the Trump administration's 11th-hour policymaking sparks legal challenges, the coronavirus pandemic ignites fraud suits, fodder grows for kickback probes and the U.S. Supreme Court mulls momentous cases involving the False Claims Act, abortion and Obamacare. 

  • January 01, 2021

    4 Key Areas As Biden Sets New Health Policy Path In 2021

    The year ahead will see a new president chart a new health care course that departs from his predecessor's route without veering off in an entirely different direction on every issue. Here, Law360 explores how President-elect Joe Biden in 2021 will follow or abandon President Donald Trump's health policy path in four key areas.

  • January 01, 2021

    New Jersey Litigation To Watch In 2021

    As voter approval of recreational marijuana and the COVID-19 pandemic competed for New Jersey headlines in 2020, cannabis and the coronavirus likewise drove New Jersey's litigation highlights for the year, raising novel questions that will chart new courses in the areas of civil rights for businesses, protections and obligations in the workplace, and the scope of insurance and benefits coverage.

  • January 01, 2021

    ERISA Arbitration, New Legal Theories To Be Tested In 2021

    In 2021, courts stand poised to consider whether employers can kick benefit plan mismanagement suits to arbitration and whether two novel theories in class actions over retirement plans hold water. Here, Law360 highlights six ERISA cases to watch in the new year.

  • December 23, 2020

    DOL Ups Wage Compliance Outreach, Sees Enforcement Drop

    The U.S. Department of Labor conducted a record number of wage compliance presentations in fiscal year 2020 but saw a sharp drop in the amount of back wages collected, according to data released by the agency Wednesday.

  • December 23, 2020

    Voya To Pay $23M To End SEC Conflict-Of-Interest Claims

    Retirement plan manager Voya will shell out $22.9 million to quell U.S. Securities and Exchange Commission claims that it failed to tell clients they were being steered to investments for which Voya collected excessive fees, the SEC has said.

  • December 23, 2020

    Judge Couldn't Make Drivers Employees, Lyft Tells 1st Circ.

    Lyft urged the First Circuit to uphold a federal judge's decision denying injunctions that would have forced the company to classify its drivers as employees, saying the judge didn't have authority to grant the requests due to ongoing arguments over whether the claims belonged in arbitration.

  • December 23, 2020

    Zimmer Angles To Knock Out Bias Suit Over Severance

    Zimmer Biomet Holdings urged an Indiana federal judge to throw out a suit from a former executive who claimed the medical device maker violated federal discrimination law by denying her severance, saying her argument that she had no choice but to quit didn't hold water.

  • December 22, 2020

    9th Circ. Backs Kaiser Win In Anorexia Treatment ERISA Fight

    The Ninth Circuit affirmed Tuesday Kaiser Foundation Health Plan Inc.'s win against a proposed class action claiming the insurer violated the Employee Retirement Income Security Act by failing to provide residential treatment options for a California man's anorexia, finding the man hadn't shown that the plan would deny his coverage requests. 

  • December 22, 2020

    Judge Pans Cigna Bid To Delay Arbitration In MDL

    A Florida magistrate judge Tuesday recommended a ruling against Cigna Healthcare's bid to delay a final arbitration hearing in a long-running dispute related to multidistrict litigation claiming that managed care insurance companies conspired to keep down physician reimbursements, saying the burden on Cigna would not outweigh the harm to class members.

  • December 22, 2020

    Uber Drivers' Predominance Issues Threaten Class Cert.

    A California federal judge overseeing Uber drivers' suit claiming the ride-hailing giant denied them minimum wage, overtime, and expense reimbursements, probed during a hearing Tuesday into whether their bid for class certification could get past predominance issues given that some drivers exclusively worked for Uber while others juggled multiple jobs.

  • December 22, 2020

    SAG-AFTRA Health Plan Didn't Protect Data, Members Say

    Members of the SAG-AFTRA Health Plan and AFTRA Retirement Fund hit the duo with a putative class action Tuesday in New York federal court, accusing them of not properly safeguarding their information following a data breach that potentially exposed the members' financial and personal medical data.

  • December 22, 2020

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

    Moderna's COVID-19 vaccine on Friday became the second to receive emergency use authorization by the U.S. Food and Drug Administration, a development that came as state governments issued progress updates on the distribution of the Pfizer vaccine and unveiled plans to deliver the new one, with front-line health care workers prioritized.

  • December 22, 2020

    Attys Want $8M Cut Of $40M McKinsey ERISA Deal

    Nichols Kaster PLLP attorneys who secured a $40 million settlement for McKinsey & Co. workers who said the company let them sink retirement savings into overpriced funds managed by a McKinsey subsidiary asked a Manhattan federal judge for $7.9 million in fees.

Expert Analysis

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • What The Biden-Harris Win Means For Securities Regulation

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    In this brief video, Amy Greer and Valerie Mirko at Baker McKenzie examine what a government led by Joe Biden and Kamala Harris could mean for the securities industry, regulatory leadership and financial policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Retirement Plan Rule Throws Cold Water On ESG Factors

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    A recently finalized U.S. Department of Labor rule requires retirement plan fiduciaries to focus solely on financial factors when making investment decisions — meaning that it will be difficult for plans to take environmental, social and governance factors into account, even if participants want them to, says Robert Gower at Trucker Huss.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • Opinion

    Biden Independent Contractor Plan Sends Confusing Message

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    President-elect Joe Biden’s inconsistent campaign plan for independent contractors supports enforcement of existing laws against intentional worker misclassification while also proposing a challenging-to-meet federal classification standard modeled after California’s A.B. 5, says Richard Reibstein at Locke Lord.

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