Benefits

  • January 07, 2025

    6th Circ. Declines To Send Publix Questions To Ga. High Court

    The Sixth Circuit won't certify a set of questions about Georgia state nuisance law to the state's Supreme Court, after ruling that Publix Super Markets Inc. hasn't shown the appeals court needs to step in before a bellwether trial in the national opioid multidistrict litigation.

  • January 07, 2025

    Amazon Says Worker's $1.6M Atty Fees Are Excessive

    An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.

  • January 07, 2025

    Bass Pro To Pay $5M To End Worker's Tobacco Penalty Suit

    Bass Pro Shops has agreed to pay $4.95 million to settle a proposed class action claiming the retailer unlawfully charged employees who use tobacco an extra $2,000 per year for health insurance without properly telling them how to avoid the charge, according to a Missouri federal court filing.

  • January 07, 2025

    Davis Polk, Kirkland Guide Paychex's $4.1B Paycor Buy

    Human capital management company Paychex Inc., advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to buy fellow human capital management, payroll and talent acquisition software company Paycor, led by Kirkland & Ellis LLP, in a deal with an enterprise value of $4.1 billion.

  • January 06, 2025

    Hospital Escapes Investment Underperformance Suit, For Now

    A Colorado federal judge on Monday agreed to initially toss a proposed class action alleging mismanagement of a faith-based nonprofit hospital's retirement plan, finding the plaintiffs haven't backed up their allegations of investment underperformance.

  • January 06, 2025

    Fed. Circ. Revives DEA Agent's Challenge To Promotion Denial

    The Merit Systems Protection Board must reevaluate a former U.S. Drug Enforcement Administration agent's case alleging a promotion was unlawfully delayed because he took time off for military service, the Federal Circuit said Monday, ruling an administrative judge used the wrong standard to evaluate his claim.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    5th Circ. Iffy On Humana, Blue Cross Allergy Meds Denials

    A Fifth Circuit panel seemed poised Monday to side with an allergy services provider accusing insurance giants Blue Cross Blue Shield and Humana of colluding to deny claims and drive the company out of the market.

  • January 06, 2025

    Biden OKs Social Security Fix In Move Cheered By Unions

    Former government employees who have had their Social Security checks slashed because they receive a pension will see larger payouts this year now that President Joe Biden signed a bill repealing the decades-old benefit cuts, a move applauded by government employee unions.

  • January 06, 2025

    Northern Trust Inks $6.9M Deal To Shutter 401(k) Suit

    Northern Trust Co. has agreed to pay $6.9 million to end a proposed class action claiming it tapped underperforming proprietary investment funds for its $2.8 billion retirement plan, according to a Monday filing in Illinois federal court.

  • January 06, 2025

    Ga. Physician Assistant Sues Insurer Over Disability Benefits

    A former physician assistant at Emory Healthcare Inc. filed suit Friday against Unum Life Insurance Co. of America, alleging that the company wrongfully terminated her long-term disability benefits despite her continued suffering from long COVID, which rendered her "unable to sustain almost any level of physical activity."

  • January 06, 2025

    Ex-NFL Pro Abandons 5th Circ. Bid To Renew Benefits Suit

    Former Denver Broncos fullback Detron Smith has dropped his Fifth Circuit appeal of a ruling that denied his bid to receive full disability benefits, days before arguments were set in the case.

  • January 06, 2025

    Outpatient Surgery Co. Strikes $1.5M Deal To End 401(k) Suit

    United Surgical Partners International Inc. will pay about $1.48 million to end a proposed class action alleging the outpatient surgery network loaded its employee 401(k) plan with expensive investment options and excessive fees, according to a filing in Texas federal court.

  • January 06, 2025

    Conn. Justices Won't Hike Benefits Cut For Law Partner's Ex

    The ex-husband of a law firm partner cannot secure a bigger cut of the partner's retirement funds because the payments from the firm are too "speculative" to qualify as property, the Connecticut Supreme Court ruled 5-1 on Monday.

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 03, 2025

    George Santos Wants Fraud Sentencing Delayed For Podcast

    Expelled U.S. Rep. George Santos on Friday urged a New York federal judge to delay sentencing in his federal fraud case for six months, saying he needs time to earn money through his new "Pants On Fire" weekly gossip podcast to pay roughly $580,000 owed in restitution and forfeiture.

  • January 03, 2025

    PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

    An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Biden Signs Bill To Stop Convicted Lawmakers' Pensions

    President Joe Biden has signed a law that would close a "loophole" to prevent former members of Congress convicted of certain crimes from receiving pensions during their appeals process.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 02, 2025

    Tesla Investors Appeal Chancery Rulings In Musk Pay Suit

    Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.

  • January 02, 2025

    1st Private Co. Joins Insulin Price-Fixing MDL

    A Florida-based car dealer is the first private company to join a multidistrict litigation accusing Novo Nordisk, Eli Lilly and Sanofi-Aventis of fixing the prices of insulin and other drugs to treat diabetes.

  • January 02, 2025

    ERISA Can't Shield Packaging Co. From Genetic Privacy Suit

    A food packaging company must face a former employee's lawsuit claiming it unlawfully asked about her family medical history, an Illinois federal judge ruled, saying the claims weren't preempted by federal benefits law because it wasn't clear a corporate wellness plan was involved.

  • January 02, 2025

    Amazon Used Forfeited 401(k) Cash For Self Gain, Suit Says

    Amazon violated federal benefits law by using millions in abandoned retirement plan funds to its own benefit by offsetting its own contributions instead of using the extra cash to cut down on expenses, according to a worker's proposed class action filed in Washington federal court.

  • January 02, 2025

    Conn. High Court Slams Insurer's 'Conflicting' Policy Letters

    An insurance company violated basic contract law by mailing four "conflicting" letters to a roofing contractor purporting to end worker's compensation coverage while also explaining how to keep it, Connecticut's highest court has ruled.

Expert Analysis

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Management Incentives May Be Revisited After PE Investment

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    As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

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