Benefits

  • November 30, 2021

    Teamsters Unit Says Cos. Trying To Dodge Pension Liability

    A Teamsters local asked a New York federal judge to toss a complaint from two construction companies alleging that the union tricked one of the businesses into signing a labor contract, saying the companies are attempting to avoid a pension fund withdrawal payment.

  • November 30, 2021

    2nd Circ. Hands Union Plan Trustees Win Over Amendments

    The Second Circuit awarded a win Tuesday to three men accused of flouting federal law by making it more difficult for two union-run benefit plans to appoint trustees, ruling that the move violated the plans' own amendment-setting process but not the Employee Retirement Income Security Act.

  • November 30, 2021

    3rd Circ. Says Paper Too Late On Suit Over Arbitration Award

    The publisher of the Pittsburgh Post-Gazette cannot undo an arbitrator's decision requiring it to cover workers' health care cost increases after a labor contract expired, the Third Circuit ruled Tuesday, saying the company waited too long to challenge the award in court.

  • November 30, 2021

    Berger Montague Adds 2 ERISA Experts In DC

    Two former Cohen Milstein Sellers & Toll PLLC attorneys recently jumped to Berger Montague to bolster the firm's employee benefits practice, the firm announced Monday.

  • November 30, 2021

    Pension Fund Attys Targeted For Sanctions In NJ ERISA Row

    The attorneys representing a paint company in a pension dispute are seeking sanctions against a pension fund and a Philadelphia-based law firm for filing a "wildly frivolous and wholly improper motion to dismiss" on behalf of the pension fund.

  • November 30, 2021

    Ikea Seeks Early Win In Retired Store Manager's Benefits Suit

    Ikea has sought an early win in a retired Georgia store manager's benefits dispute, telling a Georgia federal judge Monday the longtime staffer inexplicably missed an opportunity to get almost a million dollars worth of life insurance.

  • November 29, 2021

    Court Hears NJ Judge Must Face Psychiatric Exam In Suit

    New Jersey judiciary officials have asked a federal court to order a state judge to undergo a psychiatric examination by their expert, claiming the analysis is critical for investigating her allegations that their purported misconduct left her emotionally distressed to the point where her nosebleeds required surgery.

  • November 29, 2021

    4th Circ. Won't Undo Constellium Retirees' Health Care Award

    The Fourth Circuit on Monday refused to topple an arbitrator's award finding that an aluminum company violated a collective bargaining agreement it struck with a trade union when it changed health insurance benefits for some retirees, ruling that a lower court correctly left the matter to the arbitrator.

  • November 29, 2021

    CWA Drops Arbitration Suit Against AT&T After NLRB Ruling

    Communications Workers of America dismissed its case against AT&T for refusing to arbitrate a grievance on Monday, after a National Labor Relations Board regional director made a related ruling in the wireless giant's favor.

  • 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.

Expert Analysis

  • SEC's Proxy Voting Proposal Could Shake Up Private Funds

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    The U.S. Securities and Exchange Commission's recently proposed proxy voting rule would require many private fund managers to disclose their executive compensation votes for the first time, potentially affecting how managers pursue investment strategies, say attorneys at Schulte Roth.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • 6th Circ. ERISA Ruling Highlights Dubious Court Practices

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    A recent concurring opinion from Sixth Circuit Judge Eric Murphy in Card v. Principal Life Insurance is the first to question remands in Employee Retirement Income Security Act cases, opening a long-overdue dialogue on several questionable court practices that deviate from the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Sherman.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • Disability Claim Ruling Holds ERISA Fiduciary Duty Lessons

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    A Massachusetts federal court’s recent disability claim ruling in Host v. First Unum Life Insurance admonished the defendant for breaching its Employee Retirement Income Security Act fiduciary duties when it failed to conduct an independent claim investigation, signaling that plan administrators should be wary of relying solely on employer communications, says Mark DeBofsky at DeBofsky Sherman.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

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