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October 17, 2024
Burford Again Loses Fight Against Meat Price-Fixing Deal
An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.
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October 17, 2024
Amgen Faces Derivative Suit In Del. Over Tax Disclosures
An Amgen Inc. stockholder has sued the company in Delaware's Court of Chancery seeking derivative recoveries for the multinational biopharmaceutical company from its directors and officers based on allegedly false and misleading statements regarding $10.7 billion in federal tax bills and penalties.
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October 17, 2024
55K Labcorp 401(k) Participants Get Class Cert. In Fees Suit
Approximately 55,000 LabCorp workers were granted class status by a North Carolina federal judge Wednesday in their litigation against the company over steep 401(k) plan record-keeping fees allegedly inhibiting their ability to save for retirement.
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October 17, 2024
A&O Shearman Practice Head Joins Simpson Thacher In NY
Simpson Thacher & Bartlett LLP announced Thursday the firm added the co-head of A&O Shearman's compensation, employment and governance group as a partner based in its New York office, touting the experience she has handling transaction-related compensation and benefits matters.
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October 17, 2024
Texas Sues Doctor For Providing Kids Gender-Affirming Care
The state of Texas sued a pediatrician Thursday, alleging she broke state law by providing gender-affirming care to children.
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October 17, 2024
Former X Exec 'Worst' For Class In Bonus Suit, Judge Says
A former X Corp. senior director of compensation is "the worst possible candidate" for the class he proposed in his suit claiming unpaid bonuses after Elon Musk took the reins of the company, a California federal judge said, slamming his bid for class certification.
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October 16, 2024
Justices Torn On Interpretation Of Veterans Benefits Law
U.S. Supreme Court justices questioned Wednesday whether two veterans expected more than legally required from a lower court that only granted limited review of the denial of their disability benefits claims, while challenging the government's denial in equal measure.
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October 16, 2024
Konica Minolta Strikes Deal To Settle 401(k) Class Action
Konica Minolta Business Solutions has agreed to resolve an 8,000-member class action alleging it cost workers millions of dollars in retirement savings by failing to remove costly investment options from its 401(k) plan, according to a New Jersey federal court filing.
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October 16, 2024
Union Healthcare Fund Asks Court For $3.6M From Suit Co.
A Rochester, New York, suit manufacturer stiffed a union healthcare fund and then lied about efforts to pay off its $3.6 million in debt, the fund claimed in New York federal court, asking the court to award it the money before the case advances to trial.
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October 16, 2024
9th Circ. Won't Rethink Reviving Airline Military Bias Suit
The Ninth Circuit on Wednesday rejected Alaska Airlines' bid for the court to reconsider its August opinion reinstating a class action accusing the airline of illegally denying accrued vacation and sick time to pilots on military assignments.
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October 16, 2024
Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date
Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.
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October 16, 2024
Lesbian Nurse Says Ga. Hospital's Fertility Plan Is Biased
A lesbian nurse has hit a Georgia hospital and healthcare system with a proposed class action, alleging that the medical plan they offer employees discriminates against homosexual women by charging them more upfront to receive fertility care than women in heterosexual relationships.
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October 16, 2024
Key Bank Blocking Hunt For Apt. Co-Op's $1.3M, Towns Say
Key Bank NA should be held in contempt of court because four insurance checks totaling $1.3 million seem to have vanished from a troubled housing co-op's accounts, and the bank is preventing a receiver in charge of the 924-unit Success Village Apartments from figuring out what happened, two Connecticut municipalities have said.
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October 16, 2024
PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says
A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.
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October 16, 2024
House Panel Presses DOL For Contractor Probes Data
The U.S. House Committee on Education and the Workforce on Wednesday pressed the U.S. Department of Labor to disclose data over its independent contractor misclassification investigations, saying that the department continues to hold on to the information even after receiving a subpoena.
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October 15, 2024
UBH Surprise Billing Fight 'Begs' For Issue Cert., Judge Says
A California federal judge deciding whether to certify classes of patients who allege United Behavioral Health and billing contractor MultiPlan underpaid thousands of claims for out-of-network substance use disorder treatment told counsel Tuesday the case "begs" for issue certification, while adding that the U.S. medical system is "an absolute mess."
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October 15, 2024
10th Circ. Won't Reboot Short Sellers' Suit Against Overstock
In a decision dealing with matters of first impression, the Tenth Circuit on Tuesday declined to revive a hedge fund's proposed class action accusing Overstock.com Inc. and its leadership of manipulating the market when it said it would pay shareholders using cryptocurrency but abandoned the plan to force short sellers into a "squeeze."
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October 15, 2024
Benefit Cos. Urge Justices Take Up Cert. Fight From 5th Circ.
Three benefit companies urged the U.S. Supreme Court to review a Fifth Circuit decision upholding certification of a class of more than 290,000 workers in a suit alleging excessive health and retirement plan fees, arguing the justices need to iron out a circuit split on standing requirements.
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October 15, 2024
Investment Firm Says CNA Must Defend Competition Suits
An investment adviser firm said a CNA unit must cover underlying suits accusing it of stealing a competitor firm's employees and soliciting its investors, telling a Connecticut federal court that the allegations constitute disparagement and advertising injury sufficient to trigger the insurer's duty to defend.
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October 15, 2024
DOD Upgrades Vets' Status After 'Don't Ask, Don't Tell' Review
More than 800 LGBTQ+ veterans separated administratively from the military under the "Don't Ask, Don't Tell" policy have upgraded to an honorable discharge, the Pentagon announced on Tuesday.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Justices Won't Review Atty Fee Denial In DOL Stock Plan Case
The U.S. Supreme Court declined Tuesday to hear a construction design firm's push for attorney fees following its win in a U.S. Department of Labor case alleging the company mismanaged an employee stock ownership plan, leaving the Ninth Circuit's rejection of the bid for fees intact.
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October 15, 2024
High Court Won't Review Constitutionality Of Calif.'s AB 5
The U.S. Supreme Court on Tuesday declined Postmates and Uber's request to review a Ninth Circuit ruling that said California's worker classification law is constitutional and does not strip the gig economy giants of equal protection under the law.
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October 11, 2024
VMware Investors Ink $103M Settlement To Sales Backlog Suit
VMware reached a $102.5 million settlement resolving a suit lodged in California federal court by a certified class of investors alleging that the cloud computing company deceptively recorded sales as backlog to obscure operational challenges.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Navigating ACA Reporting Nuances As Deadlines Loom
Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Del. Ruling Stands Out In Thorny Noncompete Landscape
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.
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4 Steps To Navigating Employee Dementia With Care
A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.
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Del.'s Tesla Pay Takedown Tells Boards What Not To Do
The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Musk Pay Package Ruling Offers Detailed Lesson On Del. Law
Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.