Benefits

  • February 25, 2025

    6th Circ. Upholds County Employee's Pension Retaliation Win

    The Sixth Circuit upheld on Tuesday a $180,000 jury victory in favor of a former Michigan county employee who alleged his pension payments were cut off because he publicly criticized the retirement system, backing a lower court's conclusion that his comments were protected by the First Amendment.

  • February 25, 2025

    J&J Says Samsung Is Breaking Deal Over Stelara Biosimilar

    Johnson & Johnson and Janssen Biotech have launched a breach of contract suit against Samsung Bioepis over their agreement to let Samsung launch a biosimilar version of J&J's blockbuster biologic Stelara before all patents expire, accusing the company of violating the provision against assigning or sublicensing the patent rights to other parties.

  • February 25, 2025

    Payments Weren't Admission Philly Cop Got COVID At Work

    A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.

  • February 25, 2025

    Attys Seek $1.7M Fees For Union 401(k) Plan Case Settlement

    Lawyers for two elevator company employees who settled a proposed class action against their union's retirement plan for $5 million asked a Pennsylvania federal judge to approve about $1.7 million in attorney fees, saying it represents the standard one-third fee dispensed in these cases.

  • February 25, 2025

    Pa. Health System Strikes Deal To Exit Workers' OT Suit

    A Pennsylvania health system reached a deal Tuesday to resolve a proposed class action accusing it of stiffing unionized hospital workers on overtime wages, according to a report filed in federal court announcing a successful mediation.

  • February 25, 2025

    Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight

    A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.

  • February 25, 2025

    VA Fires Another 1,400 Employees Amid Dems' Pushback

    The U.S. Department of Veterans Affairs announced Tuesday it is dismissing another 1,400 probationary employees from "non-mission critical" positions amid criticism from Democrats over a round of cuts announced earlier this month.

  • February 25, 2025

    Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel

    Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.

  • February 25, 2025

    Jones Day, Married Ex-Associates End Suit Over Family Leave

    Jones Day and two former associates have settled their acrimonious and long-running legal battle over the firm's allegedly sexist family leave policy, they told a Washington, D.C., federal court Tuesday.

  • February 25, 2025

    Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps

    A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.

  • February 24, 2025

    DC Judge Wary Of Constitutionality Of Musk's DOGE

    A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.

  • February 24, 2025

    Investor Settles In $2.1B Danish Tax Fraud Case

    A U.S. investor who was among those accused by Denmark's tax agency of participating in a $2.1 billion tax fraud scheme related to fraudulently claiming refunds on tax withheld from stock dividends has reached a settlement, according to New York federal court documents filed Monday.

  • February 24, 2025

    PBMs To Challenge FTC Case At 8th Circ., But Without Pause

    A Missouri federal judge summarily refused, again, on Monday to temporarily block the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, letting the case proceed while the pharmacy benefits managers appeal to the Eighth Circuit.

  • February 24, 2025

    Anti-Abortion Group Appeals In Reproductive Rights Law Row

    An anti-abortion organization is turning to the Second Circuit to try to revive its suit claiming a New York state law that bars employers from penalizing workers for their reproductive health decisions, such as ending a pregnancy, infringes on its constitutional rights.

  • February 24, 2025

    Museum Cleared To Fire Hurt Worker After 4 Leave Extensions

    A California appeals court declined to revive a former HVAC technician's suit claiming the J. Paul Getty Trust illegally fired him while recovering from an on-the-job leg fracture, saying terminating him instead of granting a fifth request for indefinite medical leave was reasonable.

  • February 24, 2025

    Texas Atty Dinged For AI-Generated Fake Citations In Briefs

    A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.

  • February 21, 2025

    Drugmakers Slam 'Untimely' Claims In Employers' Antitrust Suit

    Pharmaceutical companies targeted by sweeping antitrust lawsuits from major employers, including Target, Lowe's and American Airlines, have asked a Pennsylvania federal judge to trim conspiracy claims from a lawsuit accusing them of orchestrating illegal agreements for price-fixing and customer allocation, arguing the allegation was unsupported and untimely.

  • February 21, 2025

    Watchdog Says DOL Struggles To Enforce Mental Health Law

    Workers with mental health conditions and substance use disorders are at higher risk of not receiving treatment or having to pay out of pocket for care that should be covered because of the U.S. Department of Labor's limited ability to enforce federal mental health parity laws, an agency watchdog said Friday.

  • February 21, 2025

    GOP Lawmakers Press DOJ On Union Pension Overpayments

    Thirty union pension plans haven't reported whether they've returned the overpayments they received from a federal bailout, two leaders of the U.S. House of Representatives' Committee on Education and the Workforce told new Attorney General Pam Bondi, asking the U.S. Department of Justice to look into it.

  • February 21, 2025

    Aerotech Can't Escape Workers' ESOP Investment Suit

    A Pennsylvania federal judge refused to toss a proposed class action from participants in a motion control technology company's employee stock ownership plan who alleged mismanagement, finding allegations that the company's low-risk investment strategy violated federal benefits law could proceed to discovery.

  • February 21, 2025

    Off The Bench: White House Hosts PGA Tour-LIV Golf Summit

    In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.

  • February 21, 2025

    LGBTQ+ Health Orgs Aim To Halt Trump DEI, Gender Orders

    Three executive orders by President Donald Trump barring federal contractors from pushing "gender ideology" and diversity-related programs violate the U.S. Constitution, a group of nonprofit LGBTQ+ organizations told a California federal court.

  • February 21, 2025

    IRS Offers Guidance On Health Coverage Statements

    The Internal Revenue Service released guidance Friday related to alternative methods for employers to provide health insurance coverage statements to employees as part of a larger move to reduce paperwork.

  • February 21, 2025

    Stop & Shop, Ex-Manager Agree To End Long COVID Suit

    A Connecticut federal judge on Friday agreed to dismiss a former Stop & Shop manager's lawsuit accusing the supermarket chain of firing him for taking medical leave due to long COVID-19 symptoms, one day after the parties said they wished to end litigation.

  • February 21, 2025

    Justices Knock Ala. For Immunizing State Officials

    The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.

Expert Analysis

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • 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.

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