Benefits

  • December 11, 2020

    DOL Finalizes Ban On Socially Conscious ERISA Proxy Votes

    The U.S. Department of Labor released final regulations Friday banning retirement plan caretakers from casting proxy votes that advance social or political goals unless that vote aligns with retirees' financial best interests.  

  • December 10, 2020

    No Need To Explain Strategy In Doc Demand, Del. Justices Say

    In a ruling with far-reaching impact on Delaware's law dealing with investor records demands, the state's Supreme Court on Thursday said investors need not explain what they intend to do with records while affirming a trial court decision ordering AmerisourceBergen to turn over opioid distribution compliance documents.

  • December 10, 2020

    Union Says Nursing Home Must Pay Up In 401(k) Dispute

    The Service Employees International Union's east coast health care unit has asked a New Jersey federal judge to force a nursing home to make unpaid 401(k) contributions eight years after an arbitrator said the missed payments violated its union contract.

  • December 10, 2020

    Concrete Co. Says Arbitrator Rushed $3.2M Pension Dispute

    A Maryland concrete company asked a Pennsylvania federal court to toss a $3.2 million arbitral ruling in favor of a union pension fund, saying the arbitrator denied the company a fair process and subjected it to "unreasonable conditions of her own making."

  • December 10, 2020

    2nd Circ. Says NY Co. Must Arbitrate Trust Funds' CBA Claims

    A New York City apartment building management company must arbitrate a dispute over whether it owes more than $110,000 to benefits trust funds for a unionized employee, the Second Circuit ruled Thursday, finding the company's collective bargaining agreement obligated it to arbitrate.

  • December 10, 2020

    Ex-NFLers Blast Union's 'Warm Bodies' Benefits Approach

    Two former NFL players suing to block cuts to their disability benefits have pushed back on the players union's bid to sack their suit, accusing the players association of dropping the ball by being satisfied as long as "warm bodies" oversaw their benefits plan.

  • December 10, 2020

    Trane Fights Bid To Dissolve Vacation Pay Arbitration Award

    Trane U.S. Inc. rebuked a United Auto Workers local that sought reversal of a 2018 arbitration award, telling an Arkansas federal judge the union wanted "one more bite at the apple" after an arbitrator repeatedly said the company properly paid laid-off workers for unused vacation time.

  • December 10, 2020

    Benefits Group Of The Year: Wachtell

    The tight-knit benefits team at Wachtell Lipton Rosen & Katz steered a slate of megamergers to the finish line this year, including Allergan's $63 billion sale to AbbVie and United Technologies' marriage with Raytheon, landing the group among Law360's 2020 Benefits Groups of the Year.

  • December 10, 2020

    High Court Gives States Green Light To Regulate PBMs

    The U.S. Supreme Court backed an Arkansas law Thursday that bans insurers' affiliates from shortchanging pharmacies, clearing the way for other states to regulate pharmacy benefit managers and throwing a lifeline to small pharmacies that said PBMs' business practices were bankrupting them.

  • December 09, 2020

    Fed Watchdog Finds VA Hospital Error Saddled Staff With Debt

    A federal investigation backed up whistleblowers' claims that a Veterans Affairs hospital in Tennessee mismanaged its payroll systems, causing employees to unwittingly accrue nearly $500,000 in debts, face wage garnishments and suffer "significant financial hardships," the U.S. Office of Special Counsel told the White House and Congress Tuesday.

  • December 09, 2020

    9th Circ. Revives ACA Claims Over Access To CVS HIV Drugs

    The Ninth Circuit on Wednesday partially revived HIV patients' proposed class action alleging CVS Pharmacy's drug mail program discriminates against them, allowing the patients to pursue claims asserted under the Affordable Care Act but affirming the dismissal of other discrimination claims under the Americans with Disabilities Act.

  • December 09, 2020

    Perrigo Must Share Atty Advice Over $2B Tax Bill, Court Rules

    A New York federal judge ruled Tuesday that Perrigo must fork over legal advice the drugmaker received related to its choice to not disclose to U.S. investors a $1.9 billion Irish tax bill, finding the advice isn't shielded by attorney-client privilege.

  • December 09, 2020

    NY Fund's Climate Move Unlikely To Sway ERISA Plans

    The New York State Comptroller's Office said Wednesday that the state's $226 billion pension plan will jettison fossil fuel investments by 2040, a development that could inspire other public pension plans to follow suit but is less apt to sway private-sector retirement plans.

  • December 09, 2020

    McGinnis Lochridge Nabs New ERISA Partner In Dallas

    McGinnis Lochridge lured an executive compensation and benefits expert from Ferguson Braswell Fraser Kubasta, bolstering its Employee Retirement Income Security Act compliance bandwidth.

  • December 09, 2020

    Cleaning Co. Settles Worker's Virus Leave Suit

    A former employee of a cleaning company has told a Florida federal court she reached a deal to end her lawsuit alleging the business fired her after she asked for paid time off because the COVID-19 pandemic shut down her children's school.

  • December 09, 2020

    Benefits Group Of The Year: Skadden

    Skadden Arps Slate Meagher & Flom LLP advised clients on benefits over the past year in transactions worth billions of dollars, including Microsoft's planned acquisition of ZeniMax Media for $7.5 billion and Visa's agreement to purchase fintech company Plaid for $5.3 billion, earning the firm a spot among Law360's 2020 Benefits Practice Groups of the Year.

  • December 09, 2020

    Attys Seek $9M Fee For 'Vigorous' Work In Fidelity 401(k) Case

    Lawyers for Fidelity Investments' retirement plan participants on Tuesday asked a federal court to award them nearly a third of the $28.5 million the company agreed to pay in July to settle claims it harvested fees from the Fidelity-affiliated funds in the workers' 401(k) plans.

  • December 09, 2020

    Faruqi & Faruqi Replaces Pomerantz In Allergan Suit

    Faruqi & Faruqi will represent a proposed class of investors in the pharmaceutical company Allergan after Pomerantz lost its lead counsel status in the consolidated securities litigation, a Manhattan federal judge said Monday.

  • December 08, 2020

    Full Fed. Circ. Says Courts Can Review VA's Manual Rules

    The full Federal Circuit on Tuesday allowed a disabled veterans advocacy group to challenge in court U.S. Department of Veterans Affairs rules that alter criteria for veteran disability claims for knee injuries, finding that federal courts have the jurisdictional authority to review VA interpretive rules laid out in its manual.

  • December 08, 2020

    Objector Challenges Bernstein Litowitz's $11M Fee At 7th Circ.

    An objecting class member told the Seventh Circuit on Tuesday that a lower court should have allowed discovery before awarding Bernstein Litowitz Berger & Grossmann LLP $11 million in fees from a $45 million settlement between waste disposal company Stericycle and its stockholders accusing it of overstating its projected earnings.

  • December 08, 2020

    Estee Lauder Says 'Cherry-Picked' ERISA Suit Is The Pits

    Estee Lauder is urging a New York federal court to ax a proposed class action claiming the cosmetics giant's billion-dollar 401(k) plan offered badly performing, costly investment options, arguing the workers behind the suit are simply second-guessing reasonable decisions.

  • December 08, 2020

    Benefits Group Of The Year: Mayer Brown

    Mayer Brown LLP has been busy this year defending universities against Employee Retirement Income Security Act lawsuits and staging defenses for companies that could be the focus of the next wave of lawsuits over benefits plans, earning the firm a spot among Law360's 2020 Benefits Groups of the Year.

  • December 08, 2020

    DC Circ. Sides With Gov't In Delta Pilots' Pension Case

    The D.C. Circuit on Monday dealt a blow to Delta pilots claiming that the Pension Benefit Guaranty Corp. shortchanged them by misallocating assets from their insolvent retirement plan after the company's bankruptcy, affirming the district court's "well-reasoned" dismissal of their claims, according to the order.

  • December 08, 2020

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

    A spike in COVID-19 hospitalizations spurred action by governors across the country over the past week, who reinstated stay-at-home orders in California and Delaware and ordered health facilities to make more room for coronavirus patients in New York.

  • December 08, 2020

    Pandemic Led 14% Of Biz Locations To Boost Paid Sick Leave

    The coronavirus pandemic caused about 14% of business establishments in the United States to increase the amount of paid sick leave they offer their employees since January, according to data the U.S. Bureau of Labor Statistics released on Monday.

Expert Analysis

  • Exec Employment Considerations Under A Biden White House

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    Attorneys at Cozen O'Connor highlight steps corporate compensation committees and executives should consider to prepare for tax, liability and retirement savings changes that Joe Biden may introduce if he wins the presidential election.

  • Post-Election Tax Policy Scenario 3: A Divided Government

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    Attorneys at Brownstein Hyatt consider whether Democrats and Republicans will find common ground on tax policies and legislation regarding COVID-19 relief, domestic research and manufacturing, pension and retirement savings, foreign taxation of U.S. companies, and infrastructure development if the upcoming election results in a divided government.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

  • Post-Election Tax Policy Scenario 2: A Democratic Sweep

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    Russell Sullivan and Radha Mohan at Brownstein Hyatt consider former Vice President Joe Biden’s perspective that a better economy addresses income inequality, and the likelihood of passing specific tax measures in the event of a Democratic sweep, despite varying party perspectives.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Post-Election Tax Policy Scenario 1: A Republican Sweep

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    Attorneys at Brownstein Hyatt analyze tax policies implemented by the Trump administration, such as the Tax Cuts and Jobs Act, and consider what will be on the agenda if Republicans gain full control of both the legislative and executive branches in the election.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • The Fate Of The ACA And What's Next For Health Care

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    The U.S. Supreme Court's decision in Texas v. U.S. could render the Affordable Care Act unconstitutional in whole or in part, which, combined with the upcoming election, could drive a wide range of impacts on health care policy, businesses and patients, say Michael King and Emily Felder at Brownstein Hyatt.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Compliance Pointers On Calif. COVID-19 Workers' Comp Law

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    Diana Tsudik and Thu Do at Gilson Daub deconstruct the California law that recently expanded reporting requirements for workers’ compensation claims related to COVID-19, and explain when certain employees should receive a claim form during a workplace outbreak.

  • Opinion

    Disability Claim Ruling Correctly Discredits ERISA Remand

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    A California federal court’s recent decision awarding the plaintiff’s disability claim in Tam v. Unum highlights why the extrastatutory and likely unconstitutional practice of remanding Employee Retirement Income Security Act benefit cases to insurance companies must end, says Mark DeBofsky at DeBofsky Sherman.

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