Benefits

  • 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.

  • February 20, 2025

    Florida Hits Target With New Suit Over Pride Month Merch

    The state of Florida's investment management body Thursday became the latest to sue Target Corp. over its Pride-themed merchandise, saying the retail giant "betrayed" investors with its "exceptionally offensive" LGBTQ marketing campaign and product lines.

  • February 20, 2025

    Trump Trans Edicts Will Cause More Teen Suicides, States Say

    Washington, Colorado, Oregon and Minnesota argued Wednesday for a court order halting President Donald Trump's executive orders targeting federal funding for gender-affirming care for young people, saying the edicts are unconstitutional and have "unleashed unbridled fear and irreparable harms."

  • February 20, 2025

    Bob Iger Insider Trading Claim Cut From Disney+ Investor Suit

    A Los Angeles federal judge narrowed a putative securities class action over The Walt Disney Co.'s underperforming streaming service Disney+ on Wednesday, saying investors haven't sufficiently pled that CEO Bob Iger illegally sold off $375 million worth of holdings amid inflated subscriber growth predictions.

  • February 20, 2025

    Another Ex-Allianz Exec Gets No Time For $7B Investor Fraud

    A former managing director for Allianz SE's U.S. unit on Thursday avoided a term of imprisonment for his role in a ploy to con investors about the riskiness of a group of private funds that lost over $7 billion when the COVID-19 pandemic hit.

  • February 20, 2025

    Dems Seek Answers, Reversals For 'Reckless' VA Cuts

    Democrats in Congress asked Secretary of Veterans Affairs Doug Collins to justify how firing 1,000-plus VA employees could possibly benefit veterans, and they called on him to reverse the cuts, stating that they are causing negative impacts.

  • February 20, 2025

    3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players

    The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.

  • February 20, 2025

    AmerisourceBergen Strikes Settlement In 401(k) Fee Suit

    AmerisourceBergen and a proposed class of workers who alleged their employee 401(k) plan was saddled with excessive recordkeeping and administrative costs have struck a settlement deal to resolve the dispute, according to a filing in Kentucky federal court.

  • February 20, 2025

    Trade Desk's Rollout Of AI Product Draws Ire From Investors

    Global digital marketing venture The Trade Desk Inc. was hit with a proposed shareholder class action alleging it misled investors about the rollout of its artificial intelligence-driven ad-buying platform by hiding execution problems that delayed adoption and hurt revenue.

  • February 20, 2025

    HHS Rescinds Guidance On Gender-Affirming Care For Minors

    The U.S. Department of Health and Human Services on Thursday rescinded guidance for health plans and insurers on complying with the Affordable Care Act's nondiscrimination provisions with regard to gender-affirming care for minors, which President Donald Trump called on the agency to do in a January executive order.

  • February 20, 2025

    Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit

    A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.

  • February 20, 2025

    2nd Circ. Backs Ex-NBA Ref's $2.9M Win In Vax Pension Row

    The Second Circuit on Thursday backed a trial court's ruling that the NBA owed a referee $2.9 million in pension benefits after he was fired for refusing the COVID-19 vaccine, ruling the plan requires payment even if he could be reinstated.

  • February 19, 2025

    Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues

    Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.

  • February 19, 2025

    Colorado Joins Fight Against Trump Trans Health Order

    Colorado on Wednesday joined Washington and two other states opposing President Donald Trump's executive order targeting federal funding for gender-affirming care for people younger than 19, in an amended complaint that noted Colorado was the first state to include gender-affirming care among essential health benefits.

  • February 19, 2025

    Civil Rights Groups Move To Block Trump DEI, Gender Orders

    Three civil rights organizations told a D.C. federal court in a lawsuit Wednesday against President Donald Trump and numerous federal agencies that three of the White House's recent executive orders discriminated against individuals with HIV as well as Black and transgender people.

  • February 19, 2025

    Judge Won't Halt PBM Case Over Attack On FTC Independence

    A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.

  • February 19, 2025

    Local 11 Must Pay Health Fund's Atty Fees In Sanctions Fight

    An Illinois federal judge on Tuesday granted attorneys' fees in connection with work to file a sanctions motion against a union local in a federal benefits lawsuit against their multiemployer union health fund but reduced the total grant to about half of what was requested.

  • February 19, 2025

    Paper Co. Can't Fully Escape Severance Benefits Suit

    A former employee of a pulp and paper company can proceed with a severance benefits suit because a factual dispute exists, a Tennessee federal court ruled, though the court agreed to dismiss one of the claims and a defendant.

  • February 19, 2025

    Feds Urge Justices To Undo 5th Circ. Preventive Care Ruling

    The U.S. Department of Health and Human Services and other federal agencies urged the U.S. Supreme Court to reverse a Fifth Circuit decision that members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, arguing the HHS secretary retained sufficient oversight.

Expert Analysis

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Opinion

    DOL's Impending Mental Health Act Regs Should Be Simplified

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    The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.

  • Opinion

    Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule

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    Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Parsing NJ Court's Rationale For Denying Lipitor Class Cert.

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    A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.

  • Series

    After Chevron: Challenges Loom For PBGC Actions

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    After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

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