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Benefits
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December 10, 2024
OptumHealth Rejects ERISA Fee Class Deal, Eyes Trial
OptumHealth Care Solutions LLC has told a North Carolina federal court that it is ready to bring a certified ERISA class action to trial following its rejection of a settlement that had been taking shape for nearly a year because the deal would not include a full release of all claims.
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December 10, 2024
Nippon Life In Late Talks To Buy Resolution Life For $8.2B
Global insurer Resolution Life said Tuesday that it was in the "final stages of discussions" to sell the business to Nippon Life Insurance, reportedly for $8.2 billion.
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December 10, 2024
Fed. Circ. Says VA Board Had The Power To Scrap Atty's Fee
The Federal Circuit has ruled that a U.S. Department of Veterans Affairs administrative tribunal was within its rights to scrap a 20% fee awarded to an attorney dropped from a veteran's benefits challenge, saying the "tortured history" of the dispute does not reflect well on the department.
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December 10, 2024
NJ Panel Revives Union's Suit Over Sick Leave Policies
A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.
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December 09, 2024
Roberts Questions Gov't View On Reservist Top-Up Pay Law
U.S. Supreme Court Chief Justice John Roberts on Monday pressed the federal government to explain why federally employed military reservists called to duty during emergencies aren't always owed top-up payments, suggesting it made a strained interpretation of differential pay law.
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December 09, 2024
3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order
The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.
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December 09, 2024
Kellogg Retirees Say DOL's Brief Backs 6th Circ. Revival
A proposed class of married Kellogg retirees alleging their pension annuity payouts were lowballed by the cereal company due to outdated mortality assumptions used in conversions is urging the Sixth Circuit to heed a recently filed brief from the U.S. Department of Labor backing workers seeking to revive a similar dispute in the Eleventh Circuit.
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December 09, 2024
EV Carmaker Lucid Wants To Shed More Of Inflated Biz Suit
Electric carmaker Lucid Group has asked a California federal judge to toss most of the latest version of a proposed investor class action alleging its production forecasts were misleading, arguing that parts of the suit that remained intact after a recent dismissal order involved statements taken out of context.
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December 09, 2024
UCLA Student Sues Doctors Over Transgender Misdiagnosis
A UCLA student has sued a group of doctors in Los Angeles state court, alleging she was misdiagnosed with gender dysphoria when she was 12 and rushed into taking puberty blockers and testosterone and having a mastectomy before she realized she wasn't transgender.
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December 09, 2024
Bed Bath & Beyond Irons Out 401(k) Fee Suit Deal
Bed Bath & Beyond has agreed to settle a suit from workers alleging mismanagement of an employee 401(k) plan, according to a joint filing from the parties entered Monday in New Jersey federal court.
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December 09, 2024
Justices Spurn Worker's Challenge To 'Honest Belief' Firing
The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.
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December 09, 2024
Justices Won't Review Massive Class In Fringe Benefits Fight
The U.S. Supreme Court refused Monday to hear a challenge to a 290,000-worker class in a suit alleging excessive health and retirement plan fees, despite an argument from benefits plan managers that the Fifth Circuit used the wrong standard to greenlight the massive suit.
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December 06, 2024
Allianz Exec Avoids Prison For $7B Investor Fraud
A New York federal judge on Friday declined to sentence a former portfolio manager for Allianz SE's U.S. unit to any time in prison for lying to investors about the riskiness of a group of private investment funds that lost over $7 billion when the COVID-19 pandemic hit.
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December 06, 2024
Cedars-Sinai ERISA Class Cert. Bid Meets Skeptical Judge
A Los Angeles federal judge appeared wary Friday of certifying a 16,000-person class of current and former Cedars-Sinai Medical Center Inc. workers who subscribe to the hospital's retirement plan, expressing concerns that one of the proposed lead plaintiffs does not appear to understand the case.
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December 06, 2024
Boeing Shareholder Attys Intervene In Parallel Chancery Suit
Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.
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December 06, 2024
Biden Admin Says Abortion Drug Fight Can't Stay In Texas
The Biden administration and mifepristone-maker Danco Laboratories LLC doubled down Friday on their bids to end the litigation challenging federal approvals for the abortion medication, arguing the three intervening states can't continue to litigate in Texas federal court now that the private plaintiffs have dropped their claims.
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December 06, 2024
5th Circ. Judge Notes Inconsistencies In Medicare Rate Policy
A Fifth Circuit judge called out inconsistencies in a new Centers for Medicare and Medicaid Services policy, asking the government to explain apparent discrepancies that four Texas anesthesia practices say will cost them $4 million in reduced reimbursements.
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December 06, 2024
Two Firms To Rep CVS Investors In Benefit Unit Losses Suit
Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti & Auld LLP will co-lead a proposed class of investors in consolidated litigation alleging CVS Health Corp. hurt investors as it announced its benefit unit's unanticipated losses.
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December 06, 2024
Merrill Lynch Can't Beat Stock Loan Class Cert. Bid
A New York federal judge on Friday overruled objections from Bank of America unit Merrill Lynch to certify a class of investors, with a slightly extended class period, in a suit alleging the financial institution colluded with other major banks to avoid modernizing the stock loan market.
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December 06, 2024
UPS Worker Can't Revive USERRA Retaliation Suit At 9th Circ.
The Ninth Circuit upheld the dismissal of a UPS worker's suit claiming the delivery company stalled his efforts to get back to work after an injury because he sued the business alleging discrimination against service members, finding on Friday that company policy drove the delay.
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December 06, 2024
SAG-AFTRA Plan Left Data Exposed To Breach, Members Say
The SAG-AFTRA Health Plan lacked adequate security to keep personal information safe from a September data breach, two members alleged in California federal court, saying a proposed class is at risk for a "full gamut of cyber-crimes," including identity theft and phishing scams.
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December 06, 2024
Anthem Wants Testing Lab's $3.8M Suit Axed Or Split Up
Anthem Blue Cross Blue Shield of Connecticut has asked a federal court to toss a testing lab's lawsuit seeking $3.8 million for allegedly unpaid bills, arguing that batches large and small of the more than 3,000 unpaid claims were preempted by federal law, filed years too late or barred from being assigned to the lab to collect.
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December 06, 2024
Missing Court Order Prompts Redo On Denied United Claim
A patient whose coverage claim was denied by United Healthcare for a second time, even after a trial court and the Tenth Circuit found the first was unfair, secured a redo from a Utah federal judge who found the second denial was voided by a legal technicality.
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December 06, 2024
4 Big Developments In ERISA Cases From 2nd Half Of 2024
The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.
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December 06, 2024
Freshfields Adds 2 Corporate Laterals In Silicon Valley
Freshfields Bruckhaus Deringer LLP has expanded its offerings in Silicon Valley with the additions of a capital markets attorney from Cooley LLP and an employee benefits and executive compensation attorney from Goodwin Procter LLP.
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.