A Delaware judge on Thursday said Borden Dairy Co. needs to show more evidence and adjust performance targets before he will approve up to roughly $4 million in bonuses for 52 employees as part of the milk and dairy supplier's Chapter 11.
Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.
A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.
New York University workers urged the Second Circuit on Thursday to follow the Eighth Circuit's lead when deciding whether to resurrect their ERISA class action against the school, pointing to the Midwestern appellate court's recent revival of a similar suit against Washington University in St. Louis.
A union representing the Pittsburgh Post-Gazette's newsroom staffers wants a Pennsylvania federal judge to enforce an arbitrator's finding that the newspaper wrongly refused to chip in more for the workers' health insurance after a collective bargaining contract expired.
The Internal Revenue Service provided added deadline relief to some employers and employee plans Thursday because of the COVID-19 pandemic, including granting certified professional employer organizations a temporary reprieve from electronically filing some returns.
A Kansas federal judge has ended a dispute between General Electric and the Boilermaker-Blacksmith National Pension Trust over who should oversee a $205 million withdrawal liability arbitration, appointing the arbitrator neither side wanted and condemning the parties' "regrettable" and "most unnecessary" "petty squabbling" on Thursday.
The White Mountain Apache Tribe hit the U.S. Department of Labor with an ERISA suit Thursday, claiming the agency abandoned a practice of not enforcing certain reporting requirements against tribes and slapped it with $140,000 in penalties.
The Centers for Disease Control and Prevention has issued a step-by-step blueprint on how to reopen amid the ongoing coronavirus pandemic, telling employers in no uncertain terms that getting back to business shouldn't mean business as usual.
The U.S. Department of Labor's internal watchdog has criticized the agency's recommendation that states allow gig workers to collect unemployment benefits during the COVID-19 pandemic without showing proof of past earnings, telling the department that "the associated risk of fraud is significant."
A 34-year Enterprise Rent-A-Car employee laid off amid the novel coronavirus pandemic hit the company with a proposed class action in Florida federal court Wednesday, alleging its failure to notify its workers of coming mass layoffs "had a devastating economic impact" and violated the WARN Act.
Global footwear company Skechers Inc. and stockholders disclosed a tentative deal Wednesday to settle a derivative suit in Delaware Chancery Court by canceling nearly $20 million in equity awards issued to founder Robert Greenberg and two top officers in 2019 and 2020.
A Pennsylvania-based disability benefit law firm can't shake allegations that its own carelessness allowed $400,000 in retirement funds to be stolen, after a federal judge ruled Wednesday that a third-party administrator could claim the firm bore the blame for the theft.
A Manhattan federal court affirmed a $3 million arbitration award against a highway and bridge contractor for making deficient payments to various carpenters union benefit funds.
The U.S. Department of Labor said Wednesday that it's ending its long-standing practice of giving media access to monthly jobs reports and other data shortly before their public release, citing concerns that some outlets are getting a head start on selling this data to traders.
Land O'Lakes has been hit with a proposed class action accusing the farmer-owned cooperative of mishandling its workers' retirement plan by loading it with poorly performing investment options and not adequately inspecting its portfolio.
JPMorgan Chase & Co. and a class of roughly 250,000 current and former employees have received the green light to move forward with a $9 million settlement resolving accusations the company profited from its 401(k) plan at workers' expense.
New federal guidance aimed at bolstering construction workers' safety during the COVID-19 pandemic advises employers to keep in-person meetings as short as possible, assess the risk of coronavirus exposure posed by a job site before entering and stagger employees' work schedules.
The U.S. Supreme Court told the First Circuit on Tuesday that it won't review the appellate court's ruling that Canada's consulate in Boston should have to face an American worker's benefits suit, after some of the circuit judges urged it to examine a decision they say misinterprets the Foreign Sovereign Immunities Act.
A dispute between General Electric and a union pension fund over who will arbitrate a $205 million withdrawal liability lawsuit has escalated, with both GE and the fund accusing each other of refusing to cooperate and asking an Oklahoma federal judge to step in.
The COVID-19 pandemic found states monitoring scaled-back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.
A New York federal judge on Friday named Labaton Sucharow LLP lead counsel in a consolidated proposed stockholder class action that alleges World Wrestling Entertainment Inc. hid souring relations with Saudi Arabia from investors, causing the stock price to drop when the facts came to light.
Investors accusing Bank of America, Deutsche Bank and HSBC of rigging the market for bonds issued by foreign governments are urging a New York federal court to approve a proposed allocation of the $95.5 million in settlements reached with the banks over the proposed class action.
Schlichter Bogard & Denton LLP and two other firms will receive nearly $5.25 million in fees after a federal judge during a hearing Tuesday offered the attorneys representing Massachusetts Institute of Technology workers in an $18 million ERISA settlement a choice: take the deal or pay for a special master.
United Airlines Inc. has reached a deal to resolve a class action accusing it of violating federal law by failing to factor pilots' military leave time into their pension calculations.
The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.
Companies seeking bankruptcy relief in the wake of the coronavirus pandemic should be aware of crucial aspects of the employee and debtor-employer relationship that are critical to a smooth transition into Chapter 11 and a chance at successful reorganization, say attorneys at Squire Patton.
Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.
Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.
When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.
Attorneys at Sheppard Mullin discuss the wage and hour challenges California employers may face during the COVID-19 pandemic and break down the Department of Industrial Relations’ FAQs about its enforcement positions.
For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.
While much of the focus today is on restarting the economy and developing action plans to reopen businesses, history outside of corporate America teaches us important lessons on how incentives, not just rules, can drive effective outcomes, say members of Cleary, Seyfarth and Frederic W. Cook & Co.
There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.