Benefits

  • 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.

  • December 01, 2020

    Trans Professor Hits Roadblock In Surgery Coverage Suit

    A transgender University of Arizona professor is not likely to succeed in persuading a federal court that his health insurance denied his request for hysterectomy coverage due to gender bias, according to findings issued Monday by a magistrate judge.

  • December 01, 2020

    Union Funds Hit NY Flooring Co. With $1.7M ERISA Suit

    Trustees of the Northeast Carpenters Health, Pension, Annuity and Apprenticeship Funds sued a New York flooring company for nearly $1.7 million in federal court Tuesday, claiming it was on the hook for contributions owed under certain collective bargaining agreements.

  • December 01, 2020

    Chancery Cuts Most Claims In $3.5B Fintech Merger Suit

    A Delaware vice chancellor Monday tossed the brunt of claims asserted by an investor's proposed class action over Blackhawk Network Holdings Inc.'s $3.5 billion sale to two private equity firms in 2018, only letting stand a claim related to public disclosures about the gift card company's sale.

  • December 01, 2020

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

    Delaware's top emergency management director is the latest public official to test positive for COVID-19 as cases surge, keeping state leaders busy with mitigation measures even over the holiday weekend.

  • December 01, 2020

    NJ Justices Doubt Medical Pot Reimbursement Is Illegal

    The New Jersey Supreme Court on Tuesday pushed back on an employer's argument that reimbursing a worker for medical marijuana use would violate federal drug law, voicing doubt that the government would pursue a prosecution of the activity.

  • December 01, 2020

    Ford Retiree's Ex Wants En Banc Review Of Pension Mishap

    The ex-wife of a former Ford employee asked the Sixth Circuit for a rare full-bench hearing in her benefits case, arguing that the three-judge appeals panel erred when it ruled she had to return $243,000 in extra pension payments the company mistakenly doled out.

  • November 30, 2020

    Navistar ERISA Suits Over Icahn's Proxy Threat Head To Trial

    An Illinois federal judge refused to hand either party a win Monday in a pair of Employee Retirement Income Security Act lawsuits by former Navistar executives demanding larger severance packages, sending to trial allegations that billionaire activist investor Carl Icahn's proxy war threats sparked severance-package-triggering board turnover.

  • November 30, 2020

    Valaris Gets Court Approval For $11M In Exec Incentives

    A Texas bankruptcy judge Monday gave Valaris PLC permission to pay its top executives up to $11 million in performance bonuses, despite asking if the offshore drilling contractor was sending its management after the right goals.

  • November 30, 2020

    DOL Delivered 'Flawed' COVID-19 Jobless Data, GAO Says

    The U.S. Government Accountability Office warned Monday that "urgent actions" are needed to help track and ensure the integrity of COVID-19-related financial relief efforts, suggesting that key unemployment insurance data has been inaccurate and more reporting is needed to address potential widespread fraud.

  • November 30, 2020

    9th Circ. Won't Rehear Axis' Insurance Spat With Northrop

    The Ninth Circuit won't reconsider its decision to hand Northrop Grumman Corp. a win in a dispute with Axis Reinsurance Co. over who should pay $9.7 million toward a settlement in an ERISA class action against the aerospace and defense technology company.

  • November 30, 2020

    Talen Energy Hit With Proposed ERISA Class Action

    Four former Pennsylvania Power and Light managers who lost their jobs in a spinoff have hit the new company, Talen Energy Corp., with a proposed Employee Retirement Income Security Act class action alleging they didn't get the early retirement benefits they were entitled to.

  • November 30, 2020

    Boeing Can't Limit Forum For Shareholder Suits, 7th Circ. Told

    A Boeing shareholder told the Seventh Circuit during oral arguments Monday that the aerospace giant's bylaws deprive shareholders of their rights to bring federal derivative claims over allegedly misleading proxy statements made about its 737 Max jets.

  • November 30, 2020

    Hudson Pacific, CPP Investments Buy $625M Office Building

    Real estate investment trust Hudson Pacific and the Canada Pension Plan Investment Board said Monday that they have inked a deal to purchase a 668,000-square-foot office building in Seattle for $625 million, in a deal guided by Kirkland, Sullivan & Cromwell and DLA Piper.

  • November 30, 2020

    Pension Plan Eyes Negligence Suits Against Linklaters, Squire

    A pension plan for the auto industry is seeking court permission to bring a professional negligence claim against Linklaters LLP and Squire Patton Boggs LLP after they allegedly gave poor advice about equal payouts to members of the multi-employer scheme.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 25, 2020

    Norwegian Cruise Rips Investors' Virus Sales Fraud Claims

    Norwegian Cruise Line slammed investors' claims that it ran a "top-down" deceptive sales campaign downplaying the COVID-19 pandemic to prospective customers in order to stave off revenue losses, maintaining that it doesn't have to disclose allegedly aggressive sales practices.

  • November 25, 2020

    Coke Bottler Accused Of 'Glaring' ERISA Breach In 401(k) Suit

    Former employees of the country's largest Coca-Cola bottler have hit the company, its board and its benefits committee with a proposed class action in North Carolina federal court, alleging they mismanaged their retirement portfolio and participated in a "glaring breach" of their fiduciary duties under the Employee Retirement Income Security Act.

  • November 25, 2020

    200,000-Member ERISA Class Certified In TIAA Lending Beef

    A New York federal judge certified a nationwide class of nearly 8,000 retirement plans covering more than 200,000 participants in a lawsuit alleging the Teachers Insurance and Annuity Association unlawfully profited from its retirement loan program, appointing Berger Montague PC and Schneider Wallace Cottrell Konecky LLP class counsel.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

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

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Baker Botts Nabs Jenner & Block ERISA Vet In San Fran

    Baker Botts LLP has picked up its first West Coast-based Employee Retirement Income Security Act expert, adding a veteran ERISA litigator from Jenner & Block LLP to its ranks in San Francisco.

  • November 24, 2020

    Calif. Inmates Have Claimed $1B In Jobless Benefits, DAs Say

    Tens of thousands of inmates in California's jails and prisons have fraudulently claimed more than $1 billion in unemployment claims during the COVID-19 pandemic, a massive scheme that a coalition of district attorneys on Tuesday said may be the biggest fraud of taxpayer dollars in Golden State history.

  • November 24, 2020

    Bondholders Can't Claim 'Hope' Of PR Retirement Funds

    A U.S. Court of Federal Claims judge has dismissed a suit by Puerto Rican bondholders seeking to stake a claim on future retirement fund contributions, saying a 2020 Supreme Court ruling had stripped its jurisdiction, and that "mere hope" is not something the bondholders could claim.

Expert Analysis

  • Elections May Decide Fate Of Gig Worker Classification Regs

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    The future of the gig economy's nonemployee model could hinge on the upcoming federal and California state elections, with the Democratic presidential candidate's regulatory approach at odds with a recent U.S. Department of Labor proposal that would make it easier to label workers as contractors, say Paul DeCamp and Michael Kun at Epstein Becker.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • IRS Notice Helps Unpack Part-Time Worker 401(k) Eligibility

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    As sponsors struggle to evaluate whether and how to include employer contributions when 401(k) plan eligibility is extended to long-term, part-time workers on Jan. 1, newly released IRS guidance may clarify some of the administrative burdens, say Anne Hall and Katharine Finley at Hall Benefits.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

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    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • What To Know About DOL's Revamped Virus Paid Leave Rule

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    While the U.S. Department of Labor’s recent revisions to its Families First Coronavirus Response Act paid leave rule reaffirm the agency’s commonsense application of the work availability requirement and carefully balance employer operational needs with worker requests for intermittent time off, legal and practical questions remain, say attorneys at Littler.

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