Benefits

  • December 02, 2022

    US Court Can't Judge Me, Ex-NBA Player In Fraud Case Says

    A former NBA player who had pled guilty in the health care plan fraud case has claimed sovereign citizenship that prevents U.S. federal courts from prosecuting him — a claim that was challenged by the district court judge, who threatened to revoke bail and jail him if he did not appear in court as scheduled.

  • December 02, 2022

    Billing Contractor Must Fork Over Docs In Surprise-Billing Suit

    A California federal judge ordered billing contractor MultiPlan on Friday to fork over hundreds of documents it had previously withheld from discovery in a lawsuit brought by patients alleging their insurer lowballed them on out-of-network claim reimbursements, finding the company had waived all claimed protections in its privilege log.

  • December 02, 2022

    Xerox Spinoff Reaches $32M Deal In Securities Class Suit

    A Xerox spinoff has agreed to pay $32 million to resolve securities class claims alleging it misled shareholders about the company's progress in making information technology upgrades related to its electronic toll collection business, investors told a New Jersey federal court Friday in seeking preliminary approval of the deal.

  • December 02, 2022

    11th Circ. Revives Ex-Popeyes Worker's Retaliation Suit

    The Eleventh Circuit on Friday resurrected a former Popeyes worker's suit alleging that the operator of a Florida restaurant location failed to step in after another employee assaulted and intimidated him, finding a lower court tossed the suit based on a rationale that wasn't raised by either party.

  • December 02, 2022

    Service Members See Suit Trimmed In Bias Row With Amazon

    A Washington federal judge tossed out several claims that former Amazon employees brought against the company saying it discriminates against service members by firing those who take time off for military leave, ruling that many of the workers' claims "lack clarity."

  • December 02, 2022

    Booz Allen Beats 401(k) Mismanagement Suit, For Now

    A Virginia federal judge tossed a suit alleging Booz Allen Hamilton funneled employees' retirement savings into poorly performing investment funds, following pushback from the company that the proposed class action lacked convincing evidence of fiduciary malpractice.

  • December 01, 2022

    Pilots To Appeal Dismissal Of Paid Military Leave Suit

    A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act by denying pay for time spent on military leave will appeal the dismissal of their wage claims.

  • December 01, 2022

    Capital One Wins Toss Of Workers' 401(k) Fee Suit

    A Virginia federal judge on Thursday tossed a lawsuit against Capital One Financial Corp. brought by workers alleging the bank kept poorly performing investments in its $7.85 billion 401(k) plan and cost them millions of dollars in retirement savings, but left the door open to amend the suit.

  • December 01, 2022

    Walgreens Provides Deficient COBRA Notices, Suit Says

    Walgreens was hit with a proposed class action in Florida federal court that accuses the pharmacy chain of failing to adequately notify workers of their right to get continuing health care benefits after leaving their jobs.

  • December 01, 2022

    2nd Circ. Nixes Sweeping Retiree Class In TIAA Lending Suit

    The Second Circuit on Thursday disbanded a class of more than 200,000 retirees accusing the Teachers Insurance and Annuity Association of America of violating federal benefits law through a program offering loans collateralized with retirement savings, finding a lower court jumped the gun.

  • December 01, 2022

    Trans W.Va. Medicaid Participants Urge 4th Circ. To Affirm Win

    Transgender Medicaid patients urged the Fourth Circuit to reject West Virginia's challenge to a lower court's ruling that a state health program illegally denied them gender-affirming care, saying the state can't prove its exclusion isn't discriminatory.

  • December 01, 2022

    DOL Secretary, Biz Leaders Urge Expanded Retirement Access

    U.S. Labor Secretary Marty Walsh and some of the nation's biggest leaders in the retirement industry urged policymakers Thursday to expand workers' access to 401(k) and other savings programs, given massive gaps in plan enrollment in terms of race and class.

  • November 30, 2022

    Amazon Can't Appeal Dismissal Denial In Military Leave Suit

    A New York federal judge denied a bid by Amazon to have the Second Circuit review a decision preserving claims that the e-commerce company discriminated against military reservists by failing to provide paid leave for time workers spend on active duty.

  • November 30, 2022

    Apache Corp. Can't Dodge Investor Suit Over Dud Drilling Plan

    Apache Corp. failed to show that investors' consolidated proposed class action over a Permian Basin oil and gas discovery was improperly pled, with a Texas federal judge on Tuesday upholding the claims that the energy giant hyped up the investment despite knowing it was a dud.

  • November 30, 2022

    Pension Group Urges Justices To Take Up Benefits Case

    A pension advocacy group urged the U.S. Supreme Court to take up a case alleging that a union pension fund unlawfully required employees to stop working before they could receive retirement benefits, warning that the Second Circuit's decision nixing the suit could upend the administration of federal benefits law.

  • November 30, 2022

    Tarter Krinsky Expands Labor And Employment Team

    Tarter Krinsky & Drogin LLP tapped the Klein Zelman Rothermel Jacobs & Schess LLP team, expanding its employment and labor practice in "an organic move" coming full circle on a multidecade relationship between the firms.

  • November 30, 2022

    1st Circ. Backs Arbitration For Postmates Drivers' Claims

    Postmates Inc. delivery drivers can't duck arbitration and advance their worker classification fight as a proposed class because they are not engaged in interstate commerce, the First Circuit said.

  • November 29, 2022

    NY Nursing Home's Neglect Tied To Patient Deaths, State Says

    A New York nursing home that was sold off to private investors is being accused by the state of making "over $18.6 million" in profits while maintaining "egregious conditions" that most likely led to an increase in patient deaths.

  • November 29, 2022

    Ex-L3Harris Workers Seek Class Status In 401(k) Fee Suit

    A group of former employees for defense contractor L3Harris Technologies Inc. asked a Florida federal court to grant class status to their lawsuit claiming the company violated federal benefits law when it failed to negotiate lower administrative fees and cheaper investment options for its 401(k) plan.

  • November 29, 2022

    Biopharm Co. Stockholders Challenge Director Pay In Del. Suit

    A stockholder of gene therapy company Adverum Biotechnologies Inc. has sued its current and past directors on Adverum's behalf in Delaware's Court of Chancery, seeking to recover allegedly "grossly excessive" compensation that the company had paid to board members.

  • November 29, 2022

    11th Circ. Ends Imprisoned Veteran's Benefits Case

    The Eleventh Circuit has affirmed a lower court's ruling that an imprisoned veteran can't pursue a case against the U.S. Department of Corrections, the Florida attorney general and several prison officials for taking his veterans benefits for prison expenses.

  • November 29, 2022

    7th Circ. Eyes Revival In Northwestern ERISA Battle

    The Seventh Circuit appeared to lean Tuesday toward reviving a class action from Northwestern University workers alleging mismanagement of their tax-sheltered 403(b) retirement plan, given that a recent U.S. Supreme Court decision suggested a district court erred in concluding amending the workers' complaint would be futile.

  • November 29, 2022

    Home Depot Asks Pa. Justices To Bar Dog-Bite Inquiry Suit

    Pennsylvania's Workers' Compensation Act should shield The Home Depot Inc. and two supervisors from an employee's claim that they impeded her ability to sue a customer whose dog bit and injured her, counsel for the retailer told the state Supreme Court on Tuesday.

  • November 29, 2022

    Ohio Appeals Court Reverses COVID Wage Layoff Payment

    An Ohio appeals court reversed a preliminary injunction requiring a school district to continue paying its support staff wages and benefits after they were let go when the district transitioned to remote learning during the COVID-19 pandemic, saying their collective bargaining agreement necessitated arbitrating the issue.

  • November 29, 2022

    Ill. Accounting Firm To Pay $900K To Settle Data Hack Suits

    Chicago accounting firm Bansley & Kiener LLP will pay $900,000 and improve its data security systems as part of a settlement approved Tuesday, resolving two class actions that stemmed from its alleged failure to promptly notify nearly 275,000 customers of a 2020 breach.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Opinion

    Benefits Ruling Shows Need For Revised ERISA Procedure

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    The Ninth Circuit's recent ruling in Collier v. Lincoln Life Assurance demonstrates that not only are there no uniform court procedures for Employee Retirement Income Security Act litigation, the Federal Rules of Civil Procedure are not always followed, demanding a reappraisal of ERISA civil procedure, says Mark DeBofsky at DeBofsky Law.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Takeaways From DOL's Final ESG Rule For ERISA Fiduciaries

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    The U.S. Department of Labor's newly finalized environmental, social and governance rule greenlights ESG investing in certain circumstances, but Employee Retirement Income Security Act fiduciaries should heed four important considerations when reviewing ESG factors in light of ERISA's duties of loyalty and prudence, say attorneys at Morgan Lewis.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • DOJ, SEC Focus Should Prompt Clawback Policies Review

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    In light of the U.S. Securities and Exchange Commission's recent issuance of its final rule regarding clawback policies and the U.S. Department of Justice’s focus on executive compensation, companies should consider a multidisciplinary approach to reviewing, implementing and enforcing those policies, say attorneys at Proskauer.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • ERISA Ruling Reinforces Claimant Right To Know Denial Basis

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    A Louisiana federal court’s recent ruling in Rushing v. Sun Life Assurance, finding that an insurer could not remand a case to raise a new basis for a benefit denial, reinforces claimants' rights and illustrates how limited court review in Employee Retirement Income Security Act litigation can prevent insurers from raising new rationales for denial post-filing, says Mark DeBofsky at DeBofsky Law.

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