Benefits

  • December 12, 2024

    2nd Circ. Upends Arbitration Order In Bakery Drivers' Suit

    The Second Circuit voided its prior ruling that a bakery's delivery drivers must arbitrate claims alleging they were misclassified as independent contractors, saying Thursday the question of whether they are exempt from arbitration is up in the air after the U.S. Supreme Court weighed in on the suit.

  • December 12, 2024

    Woody Allen Axed Private Chef Over Military Duties, Suit Says

    Filmmaker Woody Allen fired a personal chef because he repeatedly complained he wasn't being properly paid and had to take time off to participate in military exercises as a member of the U.S. Army Reserve, according to a lawsuit filed in New York federal court.

  • December 11, 2024

    Tesla Stockholder Contests $345M Musk Pay Fight Fee In Del.

    A Tesla Inc. stockholder has asked to intervene in the Delaware Court of Chancery class derivative case that scuttled CEO Elon Musk's 10-year, $55.6 billion compensation plan, citing objections to court approval of a stock or cash fee award for class attorneys worth $345 million.

  • December 11, 2024

    Google Targeted New Parents For Layoffs, Calif. Suit Says

    Google was sued in California state court Wednesday by a former training manager who says the tech giant chose her and six colleagues for layoffs last year because of their decisions to take parental leave.

  • December 11, 2024

    DA Says Allegheny County Pension System Risks Insolvency

    The Allegheny County employee retirement coffers could run out of money within 15 years, the Pennsylvania jurisdiction's top prosecutor warned in a lawsuit seeking to make the county and the retirement board fix the allegedly floundering system.

  • December 11, 2024

    Wisconsin Healthcare Co. Strikes Deal To End 401(k) Fee Suit

    A Wisconsin healthcare organization has agreed to settle a proposed class action alleging it allowed its 401(k) plan to pay exorbitant administrative fees and cost employees millions of dollars in retirement savings, according to a Wednesday federal court filing.

  • December 11, 2024

    Insurer Seeks $900K For Conn. Dehumidifier Fire Damages

    An insurer said it is entitled to recover over $900,000 from a dehumidifier manufacturer and its subsidiaries for costs the carrier incurred in covering a policyholder's house fire, telling a Connecticut federal court that the manufacturer's product was defective and unreasonably dangerous.

  • December 11, 2024

    6 Firms Guide Nippon Life's $8.2B Resolution Life Acquisition

    Japanese life insurer Nippon Life said Wednesday that it has agreed to buy the remaining 77% stake in holding group Resolution Life that it does not already own for $8.2 billion.

  • December 10, 2024

    2nd Circ. Backs Deloitte's Win In 401(k) Fee Suit

    The Second Circuit said a trial court correctly tossed a proposed class action by a group of workers claiming Deloitte saddled its $7.3 billion retirement plan with excessive recordkeeping fees, stating they couldn't overcome concerns that their claims amounted to comparisons of apples to oranges.

  • December 10, 2024

    OptumHealth Rejects ERISA Fee Class Deal, Eyes Trial

    OptumHealth Care Solutions LLC has told a North Carolina federal court that it is ready to bring a certified ERISA class action to trial following its rejection of a settlement that had been taking shape for nearly a year because the deal would not include a full release of all claims.

  • December 10, 2024

    Nippon Life In Late Talks To Buy Resolution Life For $8.2B

    Global insurer Resolution Life said Tuesday that it was in the "final stages of discussions" to sell the business to Nippon Life Insurance, reportedly for $8.2 billion. 

  • December 10, 2024

    Fed. Circ. Says VA Board Had The Power To Scrap Atty's Fee

    The Federal Circuit has ruled that a U.S. Department of Veterans Affairs administrative tribunal was within its rights to scrap a 20% fee awarded to an attorney dropped from a veteran's benefits challenge, saying the "tortured history" of the dispute does not reflect well on the department.

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 09, 2024

    Roberts Questions Gov't View On Reservist Top-Up Pay Law

    U.S. Supreme Court Chief Justice John Roberts on Monday pressed the federal government to explain why federally employed military reservists called to duty during emergencies aren't always owed top-up payments, suggesting it made a strained interpretation of differential pay law.

  • December 09, 2024

    3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order

    The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.

  • December 09, 2024

    Kellogg Retirees Say DOL's Brief Backs 6th Circ. Revival

    A proposed class of married Kellogg retirees alleging their pension annuity payouts were lowballed by the cereal company due to outdated mortality assumptions used in conversions is urging the Sixth Circuit to heed a recently filed brief from the U.S. Department of Labor backing workers seeking to revive a similar dispute in the Eleventh Circuit.

  • December 09, 2024

    EV Carmaker Lucid Wants To Shed More Of Inflated Biz Suit

    Electric carmaker Lucid Group has asked a California federal judge to toss most of the latest version of a proposed investor class action alleging its production forecasts were misleading, arguing that parts of the suit that remained intact after a recent dismissal order involved statements taken out of context.

  • December 09, 2024

    UCLA Student Sues Doctors Over Transgender Misdiagnosis

    A UCLA student has sued a group of doctors in Los Angeles state court, alleging she was misdiagnosed with gender dysphoria when she was 12 and rushed into taking puberty blockers and testosterone and having a mastectomy before she realized she wasn't transgender.

  • December 09, 2024

    Bed Bath & Beyond Irons Out 401(k) Fee Suit Deal

    Bed Bath & Beyond has agreed to settle a suit from workers alleging mismanagement of an employee 401(k) plan, according to a joint filing from the parties entered Monday in New Jersey federal court.

  • December 09, 2024

    Justices Spurn Worker's Challenge To 'Honest Belief' Firing

    The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.

  • December 09, 2024

    Justices Won't Review Massive Class In Fringe Benefits Fight

    The U.S. Supreme Court refused Monday to hear a challenge to a 290,000-worker class in a suit alleging excessive health and retirement plan fees, despite an argument from benefits plan managers that the Fifth Circuit used the wrong standard to greenlight the massive suit.

  • December 06, 2024

    Allianz Exec Avoids Prison For $7B Investor Fraud

    A New York federal judge on Friday declined to sentence a former portfolio manager for Allianz SE's U.S. unit to any time in prison for lying to investors about the riskiness of a group of private investment funds that lost over $7 billion when the COVID-19 pandemic hit.

  • December 06, 2024

    Cedars-Sinai ERISA Class Cert. Bid Meets Skeptical Judge

    A Los Angeles federal judge appeared wary Friday of certifying a 16,000-person class of current and former Cedars-Sinai Medical Center Inc. workers who subscribe to the hospital's retirement plan, expressing concerns that one of the proposed lead plaintiffs does not appear to understand the case.

  • December 06, 2024

    Boeing Shareholder Attys Intervene In Parallel Chancery Suit

    Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.

  • December 06, 2024

    Biden Admin Says Abortion Drug Fight Can't Stay In Texas

    The Biden administration and mifepristone-maker Danco Laboratories LLC doubled down Friday on their bids to end the litigation challenging federal approvals for the abortion medication, arguing the three intervening states can't continue to litigate in Texas federal court now that the private plaintiffs have dropped their claims.

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2 Rulings Show How Courts Assess Health Benefit Denials

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    Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Mental Health Parity Rules: Tips For Plans And Issuers

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    Following federal agencies' release of final mental health parity rules, plan sponsors and health insurance issuers should develop protocols for preparing compliant nonquantitative treatment limitation comparative analyses, say attorneys at Ropes & Gray.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

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