Benefits

July 18, 2024
Ex-HP Worker Revamps 401(k) Forfeiture Funds Suit

A former HP employee retooled his lawsuit accusing the company of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, telling a California federal court the company was presented with a conflict of interest in deciding how to use the money.
July 17, 2024
Firm Can't Dodge Veteran's Class Claims Over Fees

A North Carolina federal judge has refused to throw out a proposed class action alleging that a consulting firm charged veterans millions in illegal fees, saying the suit needs more litigation before a dismissal is considered.
July 17, 2024
Stitch Fix Unravels Investor Suit Over 'Direct Buy' Biz Line

A California federal judge has tossed, for now, a shareholder lawsuit brought against Stitch Fix Inc. alleging the personal styling platform's former and current executives misled investors about the impact of a new business line, saying the suit fails to plead any actionable false statements or knowledge of wrongdoing by the defendants.
July 17, 2024
Chevron Repeal Doesn't Impact Benefits Rule Fight, DOL Says

The U.S. Supreme Court's rollback of Chevron deference doesn't boost the likelihood of success for a trade group's claims that a U.S. Department of Labor regulation unlawfully expanded the pool of retirement advisers with obligations under federal benefits law, the agency told a Texas federal judge Wednesday.
July 17, 2024
Ex-Genentech Worker Seeks Revival Of 401(k) Investment Suit

A former Genentech employee asked the Ninth Circuit to reopen his proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, arguing a trial court applied an erroneously high standard when it tossed the claim.
July 17, 2024
Yellow Corp. Says It Has No Pension Withdrawal Liabilities

Bankrupt trucking firm Yellow Corp. hit back at a motion for summary judgment sought by multiple pension funds including Central States Pension Fund, telling a Delaware bankruptcy court that it has no withdrawal liability for backing out of a multistate pension fund for truckers.
July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers

A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
July 16, 2024
Ga. Panel Limits Insurer Pool's Collections For Workers' Comp

The Georgia Court of Appeals on Tuesday limited the power of a state-sponsored insurance pool to recoup its expenses when filling in for an insolvent insurer, ruling that companies can't be forced to accept liability for an injured worker when they were placed into the position by a staffing agency.
July 16, 2024
7th Circ. Says Foreign Retirement Not Shielded In Bankruptcy

A professor who filed for bankruptcy in Illinois can't protect his Canadian retirement account from creditors because the account is ineligible under a state law shielding accounts that qualify as retirement plans under the Internal Revenue Code, the Seventh Circuit ruled Tuesday.
July 16, 2024
5th Circ. Preserves Class Cert. In Fringe Benefits Fee Fight

The Fifth Circuit affirmed a district court's decision to certify a mega class of more than 290,000 workers in a suit against several benefits administration companies alleging mismanagement of their non-union fringe benefits, but found the action should proceed as opt-out and not mandatory class action.
July 16, 2024
Union Fund Trustees Say Elevance Usurped Fiduciary Power

The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.
July 16, 2024
Whataburger Wants Out Of Worker's 401(k) Fund Suit

Whataburger urged a Texas federal judge to throw out a former employee's proposed class action accusing it of stocking its employees' $215 million retirement plan with poorly performing funds, saying the worker waived his right to sue when he signed a severance agreement.
July 16, 2024
Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.
July 16, 2024
Baker Hughes 401(k) Participant Wants Class Cert.

An ex-worker for Baker Hughes claiming his employee 401(k) plan lost millions because of unreasonably high recordkeeping fees asked a Texas federal court to certify a class of more than 23,000 retirement plan participants accusing the company of mismanagement, following a failed attempt to mediate the dispute.
July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
July 16, 2024
These Firms Have The Most Diverse Equity Partnerships

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
July 15, 2024
CD&R Tells Del. Court Covetrus Sale 'Fully Informed'

An attorney for private equity firm Clayton Dubilier & Rice LLC told a Delaware vice chancellor Monday that stockholders of animal health company Covetrus Inc. were fully informed when they approved a $21-per-share takeover by CD&R and TPG Capital in 2022, disputing allegations of knowing standstill agreement violations and disclosure failures.
July 15, 2024
CVS Hit With Investor Suit Over Benefits Unit's Losses

CVS has been hit with a proposed class action in New York federal court over a series of stock price declines it suffered following announcements about losses the healthcare retailer was experiencing in its Health Care Benefits segment.
July 15, 2024
Judge Says Attys Must Hash Out Conflict In Twitter Row

A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.
July 15, 2024
Yellow Corp. Denied Redo In $137M Teamsters Fight

A Kansas federal judge held firm Monday on her decision to throw out Yellow Corp.'s $137 million lawsuit against the Teamsters, in which the trucking company accused the union of driving it into bankruptcy by fighting a necessary corporate restructuring.
July 15, 2024
Insurance Groups Want DOL Investment Advice Regs Blocked

Several insurance groups urged a Texas federal court to halt the U.S. Department of Labor's new regulations that broaden who qualifies as a fiduciary under federal benefits law, saying the agency's new rule is no different from one the Fifth Circuit invalidated in 2018.
July 15, 2024
Cigna, Chuck Close Estate Settle Reneged Benefits Suit

The estate of renowned artist Chuck Close told a New York federal judge that Cigna has agreed to settle a suit claiming the company wouldn't pay for more than $686,000 in at-home skilled nursing care that it claimed was owed to him under his Pace Gallery employee benefit plan.
July 15, 2024
PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.
July 15, 2024
Union Fund Asks Justices To Reject Withdrawal Liability Case

A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.
July 15, 2024
Machinery Co. Defends 'Right' To Ax Trans Care In Health Plan

A turbomachinery company asked to intervene on a transgender worker's New Hampshire federal court claim that its health plan administrators violated Affordable Care Act anti-bias provisions by enforcing a gender dysphoria treatment ban in the company's health plan, arguing that the issue is intertwined with its mission.

Expert Analysis

Justice O'Connor Was Architect of ERISA's Lasting Success

U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.
5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
Disability Benefits Ruling Holds Claim Evaluation Lessons

In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.
5 Securities Litigation Issues To Watch In 2024

There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
3 Compliance Reminders For Calif. Employers In 2024

As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Lessons Learned From 2023's Top ADA Decisions

This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.