• March 19, 2018

    Canada Asks 1st Circ. To Affirm Sovereign Consulate Benefits

    Canada pressed the First Circuit on Monday to affirm that its foreign consulate in Boston should be free to operate its own benefit programs outside of Massachusetts state law.

  • March 19, 2018

    Aon Hewitt Sheds Caterpillar Plan ERISA Suit

    Caterpillar Inc. retirement plan participants suing Aon Hewitt for allegedly violating the Employee Retirement Income Security Act through an advisory fees kickback scheme saw their proposed class action thrown out Monday, when an Illinois federal magistrate judge found the suit lacked evidence to support its claims.

  • March 19, 2018

    Investor Suit Against Target Won't Be Revived, Judge Says

    A Minnesota federal judge on Monday said she would not reconsider the dismissal of a proposed securities class action accusing Target of misleading investors amid its tumultuous expansion into Canada, saying public statements company executives had made during the expansion don't meet the standard for securities fraud.

  • March 19, 2018

    FMC Escapes Employees' ERISA Suit Over Retirement Plans

    A Pennsylvania federal judge on Friday threw out a putative class action brought by FMC Corp. employees alleging the company offered a retirement option that was improperly loaded with a bad investment, saying it was not required that every offering in the plan be diversified.

  • March 19, 2018

    Pioneer Fights Ex-Worker’s Class Cert. Bid In ERISA Suit

    Pioneer Natural Resources USA Inc. on Friday urged a Colorado federal court not to certify as a class action a former employee’s suit claiming the company breached its fiduciary duty in managing and administering a 401(k) and matching plan, saying his bid for certification doesn’t stand up to the required “rigorous analysis.”

  • March 19, 2018

    Justices Ask Gov't For Views On ERISA Causation Burden

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a case asking when the burden of showing whether an Employee Retirement Income Security Act fiduciary caused an alleged loss shifts from the workers to the fiduciary.

  • March 16, 2018

    Businessman Fudged Funds To Nab $30M Loan, DOJ Says

    The owner of a company that helps employers provide legal services for their employees was charged with wire fraud in Pennsylvania federal court Friday for allegedly falsifying the company’s financial health to coax a $30 million line of credit out of potential lenders.

  • March 16, 2018

    Hartford Needn't Indemnify Trucking Co. For Workplace Death

    A Virginia federal judge on Friday ruled Hartford Underwriters Insurance Co. doesn’t have to pay any benefits on a workers' compensation claim made by the widow of a trucking company employee who died as the result of a workplace accident, handing the insurer a quick win in the case.

  • March 16, 2018

    Morningstar, Prudential Flee RICO Claim Over Robo-Adviser

    Morningstar Inc. and two Prudential Financial Inc. retirement-focused subsidiaries escaped a racketeering suit claiming the three colluded to steer investors toward high-cost investment options with a robo-adviser, after an Illinois federal judge Friday said a plan participant who is lobbing those claims failed to allege that the companies were running an unlawful enterprise.

  • March 16, 2018

    Asbestos Firm Must Face Insurers' Coverage Payback Suit

    A Texas federal court on Friday refused to toss a suit from three health insurers that claims a law firm failed to pay the companies money out of its clients’ asbestos settlement funds, asking the parties for additional information but saying the suit could remain for now.

  • March 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    Investors Push To Consolidate Intel Stock-Drop Suits

    A pension fund pushed to consolidate and then lead two proposed class actions alleging Intel Corp. knew but failed to disclose the existence of two security flaws that sent its stock crashing, telling a California federal court Thursday that the disputes are identical and the fund has suffered the greater damages.

  • March 16, 2018

    6th Circ. Won't Revive TVA Retirees' Reduced Benefits Case

    The Sixth Circuit on Friday rejected a bid by beneficiaries of the Tennessee Valley Authority and its retirement system to revive a suit alleging plan administrators made improper changes to a defined benefits plan, saying in part that administrators gave adequate notice of benefit cuts.

  • March 16, 2018

    Stock-Drop Suit Targeting HeartWare Survives Dismissal Bid

    A Manhattan judge declined to toss a fraud action targeting medical device maker HeartWare International Inc. Friday, holding that former workers, who said the company didn't come clean about problems with its flagship heart pump product, gave plausibility to claims that investors were misled.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    Cigna Reaches Deal To End Behavioral Health Benefits Suit

    Cigna Health and Life Insurance Co. has agreed to settle a suit alleging it violated the terms of a San Diego-based energy company’s employee welfare benefit plan by denying behavioral health benefits for an individual with mental health issues.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 15, 2018

    Split 5th Circ. Vacates DOL's Obama-Era Fiduciary Rule

    A split Fifth Circuit panel on Thursday vacated the U.S. Department of Labor’s fiduciary rule for retirement account advisers, with the majority finding the agency overstepped its authority and that the Obama-era rule’s redefinition of "fiduciary" was unreasonable.

  • March 15, 2018

    Cigna, Express Scripts To Face Tough Antitrust Review

    Cigna's $67 billion purchase of Express Scripts is set to face rigorous antitrust scrutiny amid a wave of deals integrating insurers and pharmacy benefits managers — especially given the government's recent hard-line stance on another high-profile vertical merger.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Inside The High Court's Take On Interpreting CBAs

    Steven Swirsky

    The U.S. Supreme Court's recent decision in CNH Industrial v. Reese, reaffirming that collective bargaining agreements must be construed according to ordinary contract principles, shows that the court will brook no outliers with respect to the mandatory application of traditional rules of contractual interpretation, say attorneys with Epstein Becker Green.

  • No Bright-Line Rule For 'Telework' As ADA Accommodation

    Alexis Ronickher

    As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.