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Benefits

  • September 24, 2018

    Prudential Nabs Win In Ex-Worker's Disability Benefits Row

    A New Jersey federal judge granted Prudential Insurance Co. of America a quick win in a suit over its denial of long-term disability benefits to a former employee, holding that the insurer hadn’t unreasonably stopped the benefits because of a 24-month limitation for disabilities stemming from mental illness.

  • September 24, 2018

    NY Retirees Lose Fight Over Higher Premium Contributions

    The state of New York won’t have to face several lawsuits from public employees and retirees challenging the state’s 2011 hike of their health insurance premium contributions after a New York federal judge ruled Monday that the workers didn’t have a contractual right to a fixed contribution rate for life.

  • September 24, 2018

    Nielsen Hit With Shareholder Suit Over Stock Drops

    A proposed class of shareholders filed a lawsuit in Illinois federal court Friday accusing Nielsen Holdings PLC of withholding from investors material information about the declining performance of one of its two business segments, leading to a series of sharp drops in the company’s stock price.

  • September 24, 2018

    Pa. Lacks Standing For ACA Birth Control Suit, 3rd Circ. Told

    The federal government on Friday told the Third Circuit that a Pennsylvania federal judge's temporary injunction halting a Trump administration policy expanding a religious exemption to the Affordable Care Act contraception mandate should be reversed because Pennsylvania has no standing in the matter and suffered no irreparable harm.

  • September 24, 2018

    Cornell Seeks To Appeal Order Over Jury Trial In ERISA Row

    Cornell University has asked a New York federal judge for permission to appeal his decision from earlier this month that gave a group of current and former employees the right to a jury trial on part of their retirement plan row.

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

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

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

  • September 21, 2018

    Employer, Insurer Can't Exit Ex-Worker's Trans Son's ACA Suit

    A Minnesota federal judge has refused to let HealthPartners Inc. and Essentia Health escape claims from the transgender son of a former Essentia nurse practitioner over a health plan he alleged excluded gender transition-related health services, but let the companies out of the mother’s claim.

  • September 21, 2018

    Health Care Network Wants Religious Exemption Suit Canned

    OSF HealthCare System urged an Illinois federal judge to toss a proposed class action accusing it of failing to properly fund its retirement plans while wrongly claiming a religious exemption in the Employee Retirement Income Security Act, arguing that the participants bringing the suit didn’t “meaningfully address” a relevant Tenth Circuit ruling.

  • September 21, 2018

    Chancery Judge Says Goldman Settlement Makes No Sense

    A Delaware Chancery Court judge expressed confusion Friday over the nature of a settlement proposed among a shareholder of Goldman Sachs Group Inc. and the company's directors, saying the deal didn't make sense and didn't offer a balanced result because the board members weren't giving up the stock awards at the center of the excessive compensation complaint.

  • September 21, 2018

    Schwab Dodges Fiduciary Claims In Benefits Suit

    A California federal judge has trimmed fiduciary duty and failure to monitor claims from a proposed class of plan participants accusing Charles Schwab & Co. Inc. of mismanaging its retirement savings and investment plan, but allowed prohibited transaction claims against the company to proceed.

  • September 20, 2018

    Ky. Court Has ‘Sacred Duty’ To Nix Pension Law, AG Says

    Kentucky’s attorney general urged the state’s highest court Thursday to topple a controversial pension reform law backed by the state’s governor, arguing that the law’s last-minute passage flouted the Kentucky Constitution, which the high court has a “sacred duty” to enforce.

  • September 20, 2018

    HD Supply Must Face Investor Claims Over Stock Drop

    HD Supply Holdings Inc. cannot squash a securities suit accusing the company and executives of lying about inventory setbacks after a Georgia federal judge found that the proposed class presented enough evidence that the alleged lies caused a 20 percent drop in stock price.

  • September 20, 2018

    Aetna Plan Doesn't Cover Wilderness Therapy, Court Agrees

    Aetna Life Insurance Co. prevailed on its bid for a quick win in a suit over wilderness therapy coverage on Wednesday, with a Utah federal judge deciding that a family didn’t prove that Aetna’s refusal to cover the treatment violated the Mental Health Parity and Addiction Equity Act.

  • September 20, 2018

    Student Loan 401(k) Matches Could Still Trigger IRS Ire

    The Internal Revenue Service made waves recently by clarifying that a 401(k) plan sponsor may provide matching employer contributions based on employees' student loan repayments, but such programs could still run afoul of regulations if they discriminate in favor of highly compensated employees.

  • September 20, 2018

    American Century Fights Expert Testimony In ERISA Suit

    American Century on Thursday asked a Missouri federal judge to strike certain portions of the testimony of an expert witness in an Employee Retirement Income Security Act class action brought by former employees, a move made the same day a bench trial in the case finished up.

  • September 20, 2018

    401(k) Savers Fight Dismissal Bid In Principal Global Suit

    A proposed class of 401(k) participants with investments in Principal Global’s target fund date products urged an Iowa federal judge on Wednesday not to toss their Employee Retirement Income Security Act suit against the company, pointing to a recent ruling that allowed certain ERISA claims against M&T Bank.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    BHP Billiton To Pay $50M To End Investors' Dam Breach Suit

    BHP Billiton Ltd. and BHP Billiton PLC have agreed to pay $50 million in cash to end a consolidated investor suit in New York alleging the mining giant lied about lax safety standards at a Brazilian processing facility before a massive dam breach, according to documents filed Wednesday.

  • September 19, 2018

    NYU Workers, Attys Face Sanction Bid In 2nd ERISA Suit

    New York University has called for sanctions against the NYU workers and attorneys behind a now-dismissed proposed class action alleging Employee Retirement Income Security Act violations, arguing in New York federal court that their suit had been an attempt to avoid unfavorable rulings in an earlier, identical case.

Expert Analysis

  • Tips For Offering Student Loan Benefits Under 401(k) Plans

    Richard Chargar

    The IRS recently allowed an employer to make nonelective 401(k) plan contributions for employees repaying student loans. This private letter ruling is instructive for other employers wishing to provide similar tax-favored benefits for employees unable to contribute to their retirement savings, say attorneys at Kelley Drye & Warren LLP.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Stock Compensation Can Add Zing To Your Benefits Package

    Amy Bowler

    To attract talent in a competitive market, some employers may add creative stock and bonus compensation programs to thier benefits packages. They should keep in mind that adding stock options can trigger a multitude of legal rules and restrictions, say Amy Bowler and Beth Nedrow of Holland & Hart LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Considering Workers' Comp For Unauthorized Immigrants

    David Johnson

    Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. However, based on a Tennessee federal court's recent decision in Torres v. Precision Industries, for unauthorized workers this rule is now seriously in question, say David Johnson and Todd Photopulos of Butler Snow LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.