Benefits

  • 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.

  • November 24, 2020

    NFL Retirement Plan Faces New Suit Over CBA Disability Cuts

    Three former NFL players hit the league's retirement and disability benefits plans with a proposed class action alleging the retirement plan unlawfully shifted benefits between the plans, a move that set up the league and the players union's controversial agreement to cut disability benefits for potentially hundreds of retired players in the labor agreement reached earlier this year. 

  • November 24, 2020

    SEC Proposes Easing Stock Sales Rules For 'Gig' Workers

    A divided U.S. Securities and Exchange Commission proposed rules on Tuesday easing how private companies can compensate workers through stock, including short-term "gig" workers who are not traditional employees and depend on equity absent a steady paycheck.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    Ex-BofA Worker Sues Bank Over 'Deficient' COBRA Forms

    A former Bank of America employee hit the banking behemoth Tuesday with a proposed class action in Florida federal court, alleging the bank provided him and other employees with noncompliant, "confusing and piecemeal" COBRA notices in an effort to save money, willfully violating the Employee Retirement Income Security Act.

  • November 24, 2020

    Uber's Employee Status Arguments 'Pure Fiction,' Drivers Say

    Labor groups representing over 50,000 Uber drivers urged the First Circuit on Monday to force the ride-hailing company to recognize them as employees and grant them sick leave during the pandemic, dismissing as "pure fiction" the company's arguments that the drivers are fee-paying customers of its matchmaking service. 

  • November 23, 2020

    Demoulas Strikes $17.5M Deal In 'Abysmal' 401(k) Plan Suit

    DeMoulas Super Markets Inc. agreed to cough up $17.5 million to end a proposed class action accusing the Massachusetts-based grocery chain of giving thousands of workers just one "abysmal" choice for investing their retirement savings.

  • November 23, 2020

    Victoria's Secret Parent Sued Over 401(k) Plan Fees

    The parent company of Victoria's Secret and Bath and Body Works was hit with a proposed class action Monday accusing the company of violating federal benefits law by failing to take advantage of its $1.6 billion 401(k) plan's size to negotiate lower fees for retirement savers.   

  • November 23, 2020

    Northrop Ex-Workers Get 2 Subclasses OK'd In ERISA Suit

    An Illinois federal judge on Monday certified two subclasses of former Northrop Grumman employees in a class action accusing the company of violating ERISA by only telling certain laid-off workers about cash severance benefits.

  • November 23, 2020

    Abbott Labs Fights Amended ERISA Claims Over Stolen $245K

    Abbott Laboratories argued Friday that a former employee's amended claims still aren't enough to hold it liable for allegedly allowing an identity thief to steal $245,000 from her retirement account and urged an Illinois federal judge to permanently toss her claims.

  • November 23, 2020

    Stericycle Investor Seeks Atty Sanction After Objector Claim

    A Stericycle shareholder appealing a 25% cut that Bernstein Litowitz received from representing investors in a $45 million settlement with the solid waste hauler is pressing the Seventh Circuit to reprimand a firm attorney, saying he called the shareholder's own lawyer a "notorious professional objector" despite knowing the allegation was baseless.

  • November 23, 2020

    Forex Rigger Katz On Track For $400-Per-Hour Consult Gig

    A Manhattan federal judge showed little inclination Monday to stop convicted forex rigger Jason Katz from earning $400 per hour as consultant for investors seeking to hold 16 big banks liable for price-fixing, but the judge suggested capping the former government cooperator's pay.

  • November 20, 2020

    Trump Slams Big Pharma In Rollout Of Drug Price Rules

    President Donald Trump on Friday announced two finalized policies aimed at fulfilling a campaign promise to cut drug prices, a move he expects will draw legal challenges from Big Pharma.

  • November 20, 2020

    NY Court Leaders Face Contempt In Judges' Age Bias Suit

    A New York state trial court has ordered the court system's administrative board and the chief judge to justify why they should not be held in contempt for not complying with an order for expedited discovery in a lawsuit alleging that the court system illegally targeted older judges for forced retirement during the 2020 budget crunch.

  • November 20, 2020

    NFL Retirement Plan Beats Ex-Player's Benefits Suit

    The National Football League's retirement plan beat a former linebacker's benefits lawsuit on Friday, with a New York federal judge ruling that the ex-player for the Carolina Panthers and Indianapolis Colts sued way too late.

  • November 20, 2020

    Silicon Valley Workers Suing Indicted VC Founder Near Cert.

    A California judge indicated Friday that she's inclined to certify a class of former workers alleging Silicon Valley venture capital firm Rothenberg Ventures stiffed them of their wages, but the firm and its criminally-indicted founder urged the judge to reconsider, arguing that commonality and numerosity issues abound.

  • November 20, 2020

    4 Tips For Crafting An Airtight Parental Leave Policy

    Balancing federal, state and local leave requirements can be daunting for even the most sophisticated employers. And with a pandemic lingering and a new presidential administration looming, that's as true now as ever.

  • November 20, 2020

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

    This week in London has seen some of Europe's biggest truckmakers facing more litigation following their antitrust fines, Eddie Stobart sued by its fired founder, and pharmaceutical company Reckitt Benckiser go after its former prescription drugs business. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • What The Biden-Harris Win Means For Securities Regulation

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    In this brief video, Amy Greer and Valerie Mirko at Baker McKenzie examine what a government led by Joe Biden and Kamala Harris could mean for the securities industry, regulatory leadership and financial policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Retirement Plan Rule Throws Cold Water On ESG Factors

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    A recently finalized U.S. Department of Labor rule requires retirement plan fiduciaries to focus solely on financial factors when making investment decisions — meaning that it will be difficult for plans to take environmental, social and governance factors into account, even if participants want them to, says Robert Gower at Trucker Huss.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

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