Benefits

  • December 04, 2020

    High Court Headlines Biggest ERISA Rulings Of A Busy 2020

    One U.S. Supreme Court ruling gave workers plenty of time to sue over benefit issues, while another limited the circumstances under which they could do so. Meanwhile, lower courts questioned single-stock funds' appropriateness for 401(k) plans and sharply rebuked health insurers who use improper guidelines to deny treatment requests. Here, Law360 looks at the five biggest benefits decisions of 2020. 

  • December 04, 2020

    New Georgia Biz Court Faces Challenge Over Consent Rule

    A mutual party consent rule that's blocking many cases from being accepted in Georgia's new business court must be considered by appellate judges, medical companies argued Friday in a bid to have their employment benefits dispute with a surgeon transferred to the court.

  • December 04, 2020

    Former Exec Says Zimmer Had 'Figurative Gun To Her Head'

    An executive who accused Zimmer Biomet Holdings of violating federal discrimination law by withholding severance benefits is fighting to keep her suit alive, saying her only options were to quit or to be fired and implicated in a fraud scheme.

  • December 04, 2020

    Full 4th Circ. To Revisit Nationwide Public Charge Block

    The full Fourth Circuit will revisit a lower court order blocking the Trump administration's immigration wealth test, months after a split panel allowed the federal government to enforce the so-called public charge rule while immigrants challenge it in court.

  • December 04, 2020

    Texas Couple Sentenced In $15M Retirement Plan Theft

    A Texas federal judge has sentenced to prison a couple who owned a company that served as third-party administrator to dozens of pensions and retirement funds and ordered them to collectively pay $20 million in restitution for the embezzlement scheme.

  • December 04, 2020

    Sheppard Mullin Adds Tax Partner To New York Office

    The New York office of Sheppard Mullin Richter & Hampton LLP added a former partner from Winston & Strawn to the firm's tax practice.

  • December 04, 2020

    Benefits Group Of The Year: Cravath

    Cravath Swaine & Moore LLP's executive compensation and benefits practice group is counseling Peugeot SA in its $50 billion merger with Fiat Chrysler, along with Just Eat Takeaway.com NV in its $7.3 billion acquisition of Grubhub Inc., earning it a spot on Law360's 2020 Benefits Practice Groups of the Year.

  • December 03, 2020

    Coronavirus Litigation: The Week In Review

    The Trump administration continues to argue its order blocking certain visa holders from moving to the U.S. was a necessary response to the pandemic, Transportation Security Administration employees say they're owed virus hazard pay, and Norwegian Cruise Line wants out of a shareholder suit claiming it ran a deceptive sales campaign downplaying COVID-19.

  • December 03, 2020

    Judge Trims Fla. Trans Workers' Suit Over Health Coverage

    A federal judge trimmed a bias suit Thursday brought by three transgender Florida employees who said they were unlawfully denied coverage for gender dysphoria treatment, allowing the Department of Corrections and others to exit because they don't control the Sunshine State's health care plan.

  • December 03, 2020

    UnitedHealth Unit Appeals Loss In Treatment Guidelines Case

    UnitedHealth Group Inc.'s behavioral health unit appealed its loss in a blockbuster case over coverage guidelines to the Ninth Circuit on Thursday, looking to nix orders that its guidelines were improper and that it must reprocess roughly 67,000 claims for behavioral health treatments administered using the guidelines.

  • December 03, 2020

    Pa. Judge Says Paper Must Pay Union's Health Care Increases

    A Pennsylvania federal judge ruled Thursday that the publisher of the Pittsburgh Post-Gazette must pay for its newsroom workers' yearly health care increases, even though the contract expired more than three years ago.

  • December 03, 2020

    Cerner ERISA Suit Trumped By Previously Filed Case

    A Kansas federal judge dismissed a would-be class action that accused Cerner Corp. of saddling its 401(k) plan with excessive fees and steering workers' retirement savings into underperforming Cerner stock, ruling the suit covered the same ground as an ERISA case filed months earlier.

  • December 03, 2020

    NLRB Atty Union Asks DC Circ. To Revive Case Against Board

    The Federal Labor Relations Authority violated federal law when it tossed a National Labor Relations Board staff union's challenge to the agency's decision to unilaterally shudder its in-house health unit, the union told the D.C. Circuit Monday.

  • December 03, 2020

    Gibson, Clifford Chance Help With 14M-Sq-Ft Logistics Buy

    Real estate investment firm Stockbridge and National Pension Service of Korea said Thursday they've teamed up to buy a 14.3 million-square-foot logistics portfolio located across more than half a dozen states in what Stockbridge, which had counsel from Gibson Dunn and Clifford Chance, said is the largest logistics deal by value amid the COVID-19 pandemic.

  • December 02, 2020

    Molson Coors Cans Investor Suit Over Tax Filings For Good

    Molson Coors Beverage Co. beat an investor suit claiming tax filing errors caused its stock price to tumble, after a Colorado federal court ruled Wednesday the investors failed to show that the beer company intentionally or recklessly misrepresented its financial situation.

  • December 02, 2020

    Split 9th Circ. Narrows Block Of Trump's Public Charge Rule

    A divided Ninth Circuit panel on Wednesday upheld preliminary injunctions that block the Trump administration's so-called public charge rule that penalizes immigrants for using public benefits, but the court narrowed a nationwide block of the rule.

  • December 02, 2020

    Neuberger Workers' Attys Get $4.8M In Fees In ERISA Deal

    Attorneys for a class of Neuberger Berman employees got the green light from a New York federal judge Tuesday to collect $4.76 million in attorney fees for their work securing a $17 million settlement resolving claims that the investment giant put workers' retirement money into an underperforming fund. 

  • December 02, 2020

    HELP Committee Chair Alexander Bids Senate Farewell

    Sen. Lamar Alexander advocated for the preservation of the filibuster and a commitment to bipartisan compromise in a farewell speech on Wednesday, as the outgoing head of the U.S. Senate Health, Education, Labor and Pensions Committee prepares to depart office after three terms in the Senate.

  • December 02, 2020

    BakerHostetler Adds Fox Rothschild Atty To Health Care Unit

    BakerHostetler brought onboard a Fox Rothschild LLP partner with more than 11 years experience as an attorney to advise health care clients in legal disputes and regulations in the firm's Atlanta office.

  • December 02, 2020

    Bernstein Litowitz Attys Fight Sanctions Bid In Stericycle Case

    Two Bernstein Litowitz attorneys told the Seventh Circuit on Tuesday they can back up their characterization of opposing counsel as a notorious class action objector who profits from blowing up class settlements, and say they shouldn't be sanctioned for the description.

  • December 02, 2020

    SAG-AFTRA Members Sue Over 'Draconian' Health Plan

    A pandemic-induced series of "draconian" changes to SAG-AFTRA's health care plan disproportionately affects older union members and could cause up to one-third of the plan's participants to lose coverage, a group of union members has alleged in a proposed class action.

  • December 02, 2020

    Ruby Tuesday Floats Deal To Resolve Ch. 11 Trust Fight

    The bankrupt parent company of casual dining chain Ruby Tuesday proposed a settlement late Tuesday that would forestall an appeal of a Delaware court's decision granting the Chapter 11 estate ownership rights to employee compensation trusts and resolve the dispute with current and former employees.

  • December 02, 2020

    Canada's Fairfax To Offload Insurance Unit To CVC For $750M

    Canadian insurance company Fairfax said Wednesday that it has inked a $750 million deal to sell its RiverStone Europe insurance business to Weil Gotshal-advised private equity firm CVC Capital Partners.

  • December 02, 2020

    UPenn Inks Deal To Settle Proposed ERISA Class Action

    The University of Pennsylvania has inked a deal to settle a challenge to its retirement plans' fees and investments that almost made it up to the U.S. Supreme Court, according to documents filed in Pennsylvania federal court.

  • December 02, 2020

    Speedcast Gets OK For $7.6M In Exec Incentives

    A Texas judge gave Australian communications satellite company Speedcast International Ltd. permission Wednesday to pay its top executives up to $7.6 million in performance bonuses, but only after adjusting the goals they will have to meet to qualify.

Expert Analysis

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Opinion

    Trump Should Revisit Flawed Plan To Lower Drug Prices

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    President Donald Trump has no legal authority to enact his proposed drug reform linking Medicare payments to prices paid in other countries, and should instead ease regulatory burdens on new drugs and demand that foreign governments pay their fair share for medicine, says Joel White at the Council for Affordable Health Coverage.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • What A Biden Win Could Mean For Employer Health Insurance

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    Eric Schillinger and Anne Hall at Hall Benefits discuss how a Biden administration's potential legislative and regulatory changes to employer-sponsored health insurance — such as expansion of the Affordable Care Act's nondiscrimination rules and withdrawal of the Trump administration's association health plan regulations — would impact employers.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

  • CARES Act Compliance Reminders For 401(k) Plans

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    Employers that used the Coronavirus Aid, Relief and Economic Security Act to offer 401(k) participants greater access to their savings should revisit compliance obligations for distribution rights, loan limit increases and repayment suspensions as the year-end approaches, says Timothy Collins at Duane Morris.

  • Law Firm Social Responsibility Strategies In The New Normal

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    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

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    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Northrop Ruling Highlights Insurability Of Settlements

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    With the Ninth Circuit's recent decision in Axis Reinsurance v. Northrop being the latest to reject broad public policy judicial rules as a basis to deny coverage for settlement of disgorgement claims, insurers should consider pricing the risk of such settlements into their policies instead, say Cary Lerman and Laura Lin at Munger Tolles.

  • How DOL Proposal Changes Independent Contractor Analysis

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    Attorneys at Littler break down the U.S. Department of Labor’s recently proposed independent contractor rule, explaining how it alters the U.S. Supreme Court's so-called economic reality test, the key factors of its new tiered analysis, and how the November elections could influence its ultimate fate.

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

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    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

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