Benefits

  • January 01, 2022

    After Chaotic 2021, NCAA Faces Reckoning On Athlete Rights

    The NCAA’s grasp over college sports is slipping as schools begin to embrace athletes commercializing their names, images and likenesses and as a new set of legal challenges over athlete unionization and employment status are coming down the pike. Here’s a look at the key issues that could usher in further change in 2022.

  • December 23, 2021

    Federal Benefits Group Backs PBM's 8th Circ. Rehearing Bid

    A group representing insurers that provide benefits to federal workers urged the Eighth Circuit to reconsider its decision that North Dakota statutes regulating pharmacy benefit managers weren't preempted by federal benefits law, arguing the panel ruling relied on a misinterpretation of U.S. Supreme Court precedent.

  • December 22, 2021

    1st Circ. Resurrects Stock-Drop Suit Over Carbonite Product

    The First Circuit on Wednesday revived a securities suit against Carbonite Inc. over a data backup product that never worked, ruling that the complaint sufficiently alleges that the company's executives either inquired about the product or were reckless in failing to do so.

  • December 22, 2021

    Ill. Firm Accused Of Shorting Workers In $2.5B Stock Deal

    A former employee of a consulting firm launched a proposed class action Wednesday in Illinois federal court, alleging the company short-changed them to the tune of at least $50 million when it bought up their stock, then sold a stake to a private equity firm for a far higher price per share.

  • December 22, 2021

    CBD Co. Seeks Quick Win Over Ex-CEO In $5M Tax Bill Row

    CBD company CV Sciences Inc. asked a Nevada federal judge on Wednesday to dismiss a bid by the company's co-founder and ex-CEO to stick it with a $5 million tax bill he claims came from a failure to withhold taxes on stocks issued to him.

  • December 22, 2021

    Trans Ex-Staffer Says Walmart Used 'Deadname' To Harass

    A transgender Georgia woman has claimed Walmart and her former colleagues at a Monroe County store used her "deadname" assigned at birth to continuously harass her before she was wrongly fired.

  • December 22, 2021

    CWA Says NLRB Ignored Clear Contract In 401(k) Match Row

    The National Labor Relations Board ignored the clear language of a labor contract in favor of extraneous evidence when it ruled a Yellow Pages publisher did not unlawfully change its 401(k) match for employees, the Communications Workers of America told the D.C. Circuit.

  • December 22, 2021

    DOL Warns Retirement Managers About Private Equity's Risks

    The U.S. Department of Labor warned retirement managers of defined contribution plans like 401(k)s against making investments in private equity if they don't understand the potential pitfalls, citing possible confusion about Trump-era guidance from summer 2020.

  • December 22, 2021

    Attys Get $19M In Cognizant's $95M Bribery Deal

    Attorneys representing a proposed class of Cognizant investors who inked a $95 million settlement to resolve claims that the company bribed officials in India for tax breaks and labor benefits will receive $19 million for their work on the lawsuit, a New Jersey federal district court ordered Tuesday.

  • December 21, 2021

    GOP Reps. Say DOL 'Unresponsive' On Reopening Plans

    Two Republicans in the House of Representatives sent a letter to Labor Secretary Marty Walsh on Tuesday, criticizing him for not spending enough time in Washington, D.C., and accusing the U.S. Labor Department of failing to furnish information about its plans for in-person reopening.

  • December 21, 2021

    SEC Taps Law Prof, Ex-Ropes Atty For Key Regulatory Spot

    The U.S. Securities and Exchange Commission has named Chicago-Kent College of Law professor and former Ropes & Gray LLP attorney William Birdthistle to lead the Division of Investment Management, which oversees investment companies and mutual funds.

  • December 21, 2021

    Natixis Can't Sink Suit Alleging 401(k) Mismanagement

    A Massachusetts federal judge has refused to dismiss a proposed class action accusing Natixis Investment Managers LP of violating federal benefits law by saddling its $440 million 401(k) plan with excessive fees and underperforming mutual funds. 

  • December 21, 2021

    Prudential Says Refiled ERISA Class Action Still Falls Short

    The Prudential Insurance Co. of America asked a New Jersey federal court to toss the latest version of a proposed class action from employees alleging that the company mismanaged its employee 401(k) plan, panning the claims as "morning-after quibbling" with the company's decisions.

  • December 21, 2021

    Thai Cabinet Gives Sales, Excise Tax Holidays

    Thailand's cabinet approved tax cuts Tuesday to spur consumer spending next year, letting individuals claim a tax deduction of 30,000 baht ($893) for spending on goods and services from Jan. 1 to Feb. 15, according to a news release.

  • December 21, 2021

    Ex-USC Football Player Charged With COVID Benefits Fraud

    A former linebacker for the University of Southern California led a group of football players in a scheme to file for $900,000 worth of fraudulent COVID-19 unemployment benefits, Los Angeles federal prosecutors alleged in an indictment unsealed Monday.

  • December 20, 2021

    Chamber Backs Home Depot In Massive ERISA Class Action

    The U.S. Chamber of Commerce wants a Georgia federal court to throw out a sweeping class action accusing Home Depot Inc. of mismanaging the retirement savings of hundreds of thousands of current and former workers.

  • December 20, 2021

    Ill. Accounting Firm Sued For Late Disclosure Of Data Breach

    The Chicago accounting firm Bansley & Kiener LLP has been hit with a proposed class action in an Illinois state court for allegedly waiting a full year to disclose it had been hit by a ransomware attack that compromised nearly 275,000 customers' personal data.

  • December 20, 2021

    Pension Fund Fights Sanctions Bid In ERISA Row

    A union pension fund urged a New Jersey federal court on Monday to deny a painting company's request for sanctions, which accused the fund's counsel of delaying litigation to obtain more withdrawal liability payments, saying the company's accusation is based on "fantastical speculation."

  • December 20, 2021

    Chicken Price-Fixing Deals Totaling $181M Get Final OK

    An Illinois federal judge Monday gave a final signoff to settlements totaling $181 million that six chicken producers have agreed to pay to resolve claims that they conspired to fix the price of broiler chicken.

  • December 20, 2021

    Software Co. Reaches $1.7M Deal To End 401(k) Suit

    Computer software company PTC inked a $1.7 million settlement with retirement plan participants to end their Massachusetts federal suit accusing the company of failing to curb excessive plan fees and stick to low-cost investments.

  • December 17, 2021

    Citgo Blasts Suit Alleging Workers Were Shorted On Benefits

    Citgo Petroleum Corp. wants an Illinois federal court to dismiss a proposed class action alleging workers were shortchanged on retirement benefits, blasting employees' argument that early retirement payouts were low-balled because calculations involved actuarial assumptions alleged to be 50 years out of date.

  • December 17, 2021

    Indiana Justices Toss FELA Injury Suit Against Rail Operator

    A commuter rail employee who was injured while working on the Chicago section of the South Shore Line can no longer sue the rail operator under the Federal Employers' Liability Act, the Indiana Supreme Court said, finding that state law required him to give pre-suit notice within 180 days of the injury.

  • December 17, 2021

    NJ Virus Benefit Recipients Sue BofA Over Debit Card Fraud

    Bank of America was hit with a proposed class action Friday, alleging it failed to apply proper fraud protections to debit cards issued to those who received COVID-19 pandemic job loss benefits from the state of New Jersey, resulting in unauthorized charges on the accounts and other scams.

  • December 17, 2021

    Pharmacy Benefit Manager Lobby Calls 8th Circ. Loss 'Wrong'

    The lobbying group for the sector that manages health insurance plans' prescription drug components asked a panel of Eighth Circuit judges to rethink largely striking its challenge to two North Dakota statutes that regulate the industry, saying "with due respect, the panel's contrary decision is deeply wrong."

  • December 17, 2021

    Produce Seller Owes $62M, Pension Fund Says

    A produce wholesaler owes $62 million in withdrawal liability for pulling out of a Teamsters benefits fund, claimed a lawsuit filed in Illinois federal court.

Expert Analysis

  • What Forced Arbitration Ruling Means For Calif. Employers

    Author Photo

    As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

  • How ERISA Fiduciaries Can Use ESG: Part 2

    Excerpt from Practical Guidance
    Author Photo

    While case law suggests fiduciaries face risk in using environmental, social and governance factors as the primary criterion in retirement plan investing, it also provides a road map for using ESG in a manner compliant with Employee Retirement Income Security Act duties, says Elizabeth Goldberg at Morgan Lewis.

  • How ERISA Fiduciaries Can Use ESG: Part 1

    Excerpt from Practical Guidance
    Author Photo

    The U.S. Department of Labor's back-and-forth position on the Employee Retirement Income Security Act's treatment of environmental, social and governance factors in investing has created significant confusion, but case law may provide the framework needed to use ESG in retirement plan investing, says Elizabeth Goldberg at Morgan Lewis.

  • Imposing Insurance Surcharges On Unvaccinated Workers

    Author Photo

    Employers that are not covered by President Joe Biden’s new COVID-19 action plan or that want to further encourage vaccination may consider imposing a health insurance premium surcharge on unvaccinated workers, but compliance with myriad federal, state and local laws must be addressed before raising rates, say attorneys at Reed Smith.

  • Employer Considerations Ahead Of OSHA's Vaccine Rule

    Author Photo

    Paula Ketcham at Schiff Hardin highlights what employers should be on the lookout for when the Occupational Safety and Health Administration announces its emergency temporary standard requiring large employers to mandate COVID-19 vaccines or weekly testing, and offers insights on preparation, existing state laws and more.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

    Author Photo

    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • ERISA Ruling Reveals Big-Picture Health Benefit Issues

    Author Photo

    While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

  • What's At Stake In High Court's CVS Disability Bias Case

    Author Photo

    In its upcoming review of CVS Pharmacy Inc. v. Doe, the U.S. Supreme Court will likely address at least one circuit split concerning the availability of disparate-impact claims under the Rehabilitation Act and Affordable Care Act, say attorneys at Weil.

  • Lessons In Crisis Lawyering 20 Years After 9/11

    Author Photo

    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

    Author Photo

    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Calif. Cos. Face Tricky Hurdle In Workers' Comp. Recovery

    Author Photo

    California employers suing negligent third parties to recover workers’ compensation benefits paid out on behalf of their employees must consider how the potential for reimbursement could be hindered by a loss of consortium claim from an injured worker’s spouse or partner asserting entitlement to separate recovery of the settlement funds, says Saerim Luciano at Pearlman Brown.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

    Author Photo

    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • 3rd Circ. Ruling Shows Employer Risk In Unpaid Military Leave

    Author Photo

    The Third Circuit's recent decision in Travers v. FedEx — which mirrors the Seventh Circuit's broad interpretation of the Uniformed Services Employment and Reemployment Rights Act in White v. United Airlines — could proliferate litigation concerning whether employers must offer paid military leave if compensation is provided for comparable nonmilitary leaves, say Richard Rosenblatt and Jason Ranjo at Morgan Lewis.

  • What The Judiciary's Font Recommendations Can Teach Us

    Author Photo

    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • Real Assets Could Support Stronger Fla. Pension Funding

    Author Photo

    As Florida recovers from the pandemic, municipal pensions could benefit from legacy obligation trusts, already test-piloted across the U.S. and abroad, whereby a government makes an in-kind contribution of real assets to a trust to ensure stable retirement systems, says Michael Imber at Riveron.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Benefits archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!