Benefits

  • November 29, 2021

    Jury Says King & Spalding Not Liable For Associate's Firing

    A Manhattan federal jury on Monday quickly sank a fired King & Spalding LLP associate's wrongful termination case, rejecting his allegation that the BigLaw firm showed him the door in retaliation for his ethics concerns.

  • November 29, 2021

    SEC Issues Guidance On 'Spring-Loaded' Executive Comp

    The U.S. Securities and Exchange Commission on Monday issued new guidance on how public companies should properly disclose share-based compensation made to executives ahead of earnings announcements.

  • November 29, 2021

    Postmates Ends Misclassification Dispute After Arbitration

    Three Postmates couriers ended their proposed class action alleging the company misclassified them as independent contractors, as a Massachusetts federal judge on Monday signed off on the settlements the workers reached with the food delivery provider during arbitration.

  • November 29, 2021

    Insurer Can't Duck Disability Coverage At 3rd Circ.

    An insurance company has to go back to paying benefits for a disabled client because its decision to twice bring in outside consultants who said he could go back to work was motivated by a conflict of interest and deviated from the insurer's usual claim-review process, a Third Circuit panel ruled.

  • November 29, 2021

    6th Circ. Lets Teamsters Arbitrate Kroger Benefits Fight

    The Sixth Circuit backed a Teamsters local's suit against supermarket giant Kroger over a union steward's retirement benefits grievance at a dairy farm, saying the parties' dispute is not excluded from arbitration under their collective bargaining agreement.

  • November 24, 2021

    Mattel, Investors Cut $98M Deal To End Tax Misstatement Row

    A class of investors accusing Mattel and PwC of misleading them by making a $109 million income tax expense understatement and conspiring to conceal the error urged a California federal judge Wednesday to grant preliminary approval of a $98 million settlement deal.

  • November 24, 2021

    3rd Circ. Tosses Ex-NFLer's Concussion Settlement Bid

    The Third Circuit on Wednesday backed the denial of a $1.5 million concussion settlement for former National Football League defensive end Amon Gordon, ruling that the ex-player improperly raised new arguments on appeal.

  • November 24, 2021

    DOL Benefits Arm Recoveries Dip To $2.4B In 2021

    The U.S. Department of Labor's Employee Benefits Security Administration announced Tuesday that it has recovered more than $2.4 billion in direct payments to plans, participants and beneficiaries in fiscal year 2021, a decrease from the past two years.

  • November 24, 2021

    U. Of Miami Inks $1.85M Settlement In ERISA Class Suit

    The University of Miami has agreed to pay $1.85 million to settle a proposed class suit brought by current and former employees who say the college's $1 billion retirement plan was saddled with excessive fees.

  • November 24, 2021

    7th Circ. Tosses Iraq War Vet's VA Suit As Duplication

    The Seventh Circuit has thrown out a suit from an Iraq War veteran alleging the U.S. Department of Veterans Affairs was negligent in its treatment of her before and after a "botched" breast reduction surgery, saying the Wisconsin district court was right to find it was a duplication of a previous suit.

  • November 24, 2021

    Gordon & Rees Snaps Up Veteran Litigator In Nevada

    Gordon & Rees LLP has bolstered its ranks with the addition of a seasoned trial lawyer from Thorndal Armstrong Delk Balkenbush & Eisinger who will add to its litigation, insurance, health and ERISA teams.

  • November 24, 2021

    Cadwalader Snags Exec Compensation Partner From Skadden

    Cadwalader Wickersham & Taft LLP expanded its ranks in its Washington, D.C., office by luring over a seasoned executive compensation partner from Skadden Arps Slate Meagher & Flom LLP.

  • November 23, 2021

    Pet Care Co. Hit With ERISA Suit Over Retirement Plan Fees

    Animal hospital operator VCA Inc. was hit with a proposed class action in California federal court by a group of former retirement plan participants who claimed the company violated ERISA by making them pay superfluous administrative fees despite the $563 million plan's negotiating power.

  • November 23, 2021

    Uber Wins Arbitration Bid In NJ Drivers' Wage Claims Suit

    New Jersey's chief federal judge ruled Tuesday in a published opinion that a proposed class of Uber drivers must arbitrate their wage and hour claims because they don't fall within a federal arbitration law exemption for transportation workers engaged in interstate commerce.

  • November 23, 2021

    Michigan Hospital Group Reaches Deal To Wrap Up ERISA Suit

    A group of health care workers has struck a deal to end a proposed class action alleging a Michigan hospital system violated the Employee Retirement Income Security Act by mismanaging employees' retirement plan into a more than $10 million loss.

  • November 23, 2021

    Albertsons Left COVID Pay Out Of Overtime Rate, Worker Says

    Grocery store chain Albertsons failed to factor the appreciation pay it offered to its workers during the coronavirus pandemic into their overtime pay, resulting in an underpayment of wages, a worker said Monday in a proposed collective action.

  • November 23, 2021

    Railway Cos. Fight Unions' Bids To Halt Vaccine Mandates

    Union Pacific and Norfolk Southern Railway Co. asked an Illinois federal judge not to grant preliminary injunctions to two rail worker unions seeking to block the companies from enforcing their vaccine mandates, saying the carriers must comply with the federal government's vaccination mandate.

  • November 22, 2021

    Tinder Founder Says Ex-Match CEO Strong-Armed Him At Trial

    Tinder founder Sean Rad accused former Match Group CEO Greg Blatt of grabbing and intimidating him Monday during a break in the ongoing trial over whether Match and IAC/InterActiveCorp. purposely tanked a valuation of the popular dating app, although Blatt said the contact was innocuous.

  • November 22, 2021

    Fired King & Spalding Atty's $52M Damages Theory Off Table

    A Manhattan federal judge told a former King & Spalding LLP associate Monday that his wrongful firing case is barely strong enough to go to a jury for deliberations, dismissed his damages expert and called his $52 million recovery theory "unrealistic."

  • November 22, 2021

    Board Says It Has Power Over Puerto Rico's Bankruptcy Plan

    The Financial Oversight and Management Board pursuing a restructuring of Puerto Rico's debt made its final arguments in support of its bankruptcy plan Monday, telling a federal judge that the legislation that created the board gives it the sole power to determine the treatment of the island's creditors.

  • November 22, 2021

    Ex-Sterne Agee Analyst Banned From Trading Securities

    A New York federal judge on Monday banned a former Sterne Agee managing director from trading securities and ordered him to pay a $100,000 penalty after the court found him liable for aiding and abetting a scheme to bribe a pensions manager.

  • November 22, 2021

    Hospital Group Strikes $2M Deal To End ERISA Fee Suit

    A hospital group reached an "outstanding" $2 million deal with retirement plan participants to end their proposed class action in Massachusetts federal court claiming the group flouted ERISA by making participants pay excessive recordkeeping fees and offering underperforming funds.

  • November 22, 2021

    DoorDash Settles San Francisco Wage Probe For $5.3M

    DoorDash will pay $5.3 million to about 4,500 drivers, the San Francisco city attorney announced Monday, ending an investigation that started over claims that the food delivery giant misclassified workers as independent contractors and used tips to subsidize their base pay.

  • November 22, 2021

    3 Firms Will Lead Consolidated Mattel Suit In Chancery

    Robbins LLP, Schubert Jonckheer & Kolbe LLP and Bragar Eagel & Squire PC will lead a consolidated derivative lawsuit in Delaware Chancery Court against toy giant Mattel Inc. and its officers over $109 million in tax reporting errors for two fiscal quarters in 2017.

  • November 22, 2021

    IBEW Local Nabs Win Over Arbitration Award Challenge

    A Rhode Island federal judge sided Monday with an International Brotherhood of Electrical Workers local in a suit challenging the union's arbitration win against a New Jersey cable manufacturer over how the company dispenses vacation time to workers who take family leave.

Expert Analysis

  • 9th Circ. Adds Pressure To Reject Substance Over Form

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    The Ninth Circuit’s recent decision rejecting taxes on a family's Roth IRA payments that were made through a foreign sales corporation represents a refreshing trend among federal appeals courts to reject substance-over-form principles and instead look to congressional intent, say Lawrence Hill and Caitlin Tharp at Steptoe & Johnson.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • 7th Circ. Ruling Poses Hurdle To Multiemployer Funds' Claims

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    The Seventh Circuit’s recent dismissal of the East Central Illinois Pipe Trades Health and Welfare Fund’s delinquent contribution claims against Prather Plumbing & Heating creates a challenge for multiemployer welfare and pension funds since the jurisdictional defense used could be raised in future cases to evade contribution obligations and withdrawal liability, says Mark DeBofsky at DeBofsky Sherman.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    Benefits Ruling Contradicts Intent Of ERISA, Disability Plans

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    A Massachusetts federal court’s recent ruling in DeBold v. Liberty Life Assurance, upholding the insurer’s finding that rollover retirement funds could reduce disability payments, is inconsistent with the purpose of the Employee Retirement Income Security Act and eviscerates a disability benefits plan's goal of providing financial support during an employee’s working years, says Mark DeBofsky at DeBofsky Sherman.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Q2 Stock Drop Stats Buoy High Court's Goldman Ruling

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    Nearly 40% of stock drop claims filed in the second quarter of 2021 lacked indirect price impact, underscoring the importance of the U.S. Supreme Court’s recent Goldman Sachs decision that effectively institutes a data-driven control to limit meritless securities class action litigation, say analysts at SAR.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

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