Benefits

  • November 01, 2024

    2nd Circ. Won't Revive Warner Bros. Discovery Merger Suit

    The Second Circuit refused Friday to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery Inc., saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant.

  • November 01, 2024

    Del. Chancellor To Issue Musk Pay Suit Ruling By Year's End

    Delaware's chancellor said she'll issue a final ruling by the end of the year in the lawsuit challenging Tesla CEO Elon Musk's multibillion-dollar stock-based compensation plan, stating it's taking longer than expected to determine whether to allow a post-verdict stockholder vote to resurrect the pay package.

  • November 01, 2024

    Rent The Runway Wants Redo On Investor Suit Exit Bid

    Rent the Runway, actress Gwenyth Paltrow and the company's underwriters have urged a New York federal judge to rethink her September order that kept alive certain claims in a proposed investors class action alleging the clothing rental company failed to inform investors about major challenges it was facing in the run-up to its 2021 initial public offering.

  • November 01, 2024

    4 Appellate Arguments Benefits Attys Should Watch In Nov.

    The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.

  • November 01, 2024

    Military Escapes Bias Claims Targeting IVF Coverage Policy

    A New York federal judge tossed the crux of a feminist nonprofit group's suit claiming the U.S. Department of Defense's in vitro fertilization policy disadvantages women by limiting coverage to service members who can't get pregnant because of an on-the-job injury, finding the policy applies equally across genders.

  • November 01, 2024

    Ex-Worker Says Molson Coors Canned Him For FMLA Leave

    A Georgia man has hit Molson Coors Beverage Co. USA LLC with a lawsuit claiming he was fired after returning from an approved medical leave because he didn't call the company to let it know he wouldn't be at work the day of his scheduled surgery.

  • November 01, 2024

    Ex-Gas Co. Worker Seeks Justices' Review On 'Honest Belief'

    A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.

  • October 31, 2024

    Masimo Sues Ex-CEO Over 'Unprecedented' $450M Demand

    Masimo Corp. has sued its founder in Delaware Chancery Court, seeking a declaration that a $450 million payout triggered in part by the founder's loss of control or his ouster as CEO and chairman is unenforceable, saying the amount is "unprecedented" and shouldn't be paid by shareholders who were simply exercising their voting rights.

  • October 31, 2024

    Ex-Conn. Utility Execs Must Report To Prison, Judge Orders

    The former CEO of the Connecticut Municipal Electric Energy Cooperative and two ex-board members must report to prison by Dec. 4, a federal judge has ordered, after the Second Circuit upheld their convictions over their roles in the theft of hundreds of thousands of dollars.

  • October 31, 2024

    Judge Says White Worker's Seattle DEI Suit Lacks 'Specifics'

    A Washington federal judge hinted Thursday a former municipal employee's suit claiming Seattle's workplace diversity training discriminated against him as a white man might not have enough detail to survive, as the city's attorneys accused the plaintiff of trying to dismantle its racial justice initiative.

  • October 31, 2024

    Ga. Panel Reopens Ex-Honeycomb Manager's Benefits Case

    The Georgia Court of Appeals said the state's Department of Labor will have to determine whether a former Savannah Bee Co. honeycomb manager is entitled to unemployment benefits, finding the department and the superior court that affirmed its decision wrongly found her benefits denial appeal untimely.

  • October 31, 2024

    2nd Circ. Backs GE's Win In Ex-Exec's Benefits Denial Suit

    The Second Circuit affirmed the dismissal Thursday of a former General Electric executive's suit claiming the company should have awarded her pension and stock benefits when it moved her into an independent contractor role, ruling that her claims were filed too late.

  • October 31, 2024

    Supreme Court Sets Jan. Arguments In Cornell ERISA Suit

    The U.S. Supreme Court on Thursday scheduled oral argument for January in an appeal from Cornell University workers who said their retirement plan was mismanaged. 

  • October 31, 2024

    Health System Agrees To Resolve Retirement Plan Fee Suit

    A New England health system has agreed to settle a proposed class action claiming it loaded two employee retirement plans with exceedingly high costs and underperforming investment options, according to a filing Thursday in New Hampshire federal court.

  • October 31, 2024

    Jones Day Pushes To Shield Memo In Parental Leave Case

    As two former Jones Day associates who are challenging the firm's family leave policy prepare to potentially go to trial in late 2025, Jones Day has told a D.C. federal court that a memorandum stating business reasons for a personnel decision shouldn't lose its status as privileged communication just because it references legal issues.

  • October 31, 2024

    Holland & Knight Brings On Jones Day Tax Expert In Dallas

    In an effort to bolster its national corporate transactional and private equity practices, Holland & Knight LLP added an experienced attorney from Jones Day in Dallas to provide deal support to its clients.

  • October 31, 2024

    Justices Set Arguments In Firefighter's ADA Suit Over Benefits

    The U.S. Supreme Court said Thursday it set a January date to hear oral arguments in a case that could end up expanding the reach of the Americans with Disabilities Act.

  • October 31, 2024

    Pro Services Contract Nixes NJ Public Defender's Pension

    A New Jersey appellate court backed the Public Employees' Retirement System board's finding that a former municipal public defender is ineligible to receive pension benefits from 2008 onward, ruling that there was enough evidence to show the attorney's services were procured through a professional services contract.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    11th Circ. Nixes ERISA Claim To John Hancock's $100M Credit

    John Hancock Life Insurance Co. had no fiduciary duty to pass on to retirement plans $100 million in foreign tax credits that it had taken from taxes paid on foreign investments, a three-judge panel of the Eleventh Circuit said in upholding a lower court ruling.

  • October 31, 2024

    Storage Co. Strikes Deal To End 401(k) Excessive Fee Suit

    A storage and information management company has agreed to settle a proposed class action in Massachusetts federal court claiming it caused workers to lose millions in retirement savings by allowing their $650 million plan to be slapped with steep recordkeeping fees.

  • October 30, 2024

    5th Circ. Keeps Most No Surprises Act Provisions Intact

    The Fifth Circuit on Wednesday upheld several provisions for calculating qualifying payments under a federal law aimed at protecting Americans from surprise medical bills, saying in a published opinion that the provisions were neither inconsistent with the law nor arbitrary and capricious.

  • October 30, 2024

    Class Asks Court To Revive Claims Against Florida Blue

    A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.

  • October 30, 2024

    Cigna Wants $16.1M, Florida Labs Seek $5.1M In Benefits Feud

    Cigna should pay $5.1 million for harming three Florida laboratories by wrongfully declaring thousands of substance abuse treatment tests medically unnecessary, the labs told a Connecticut jury Wednesday, while Cigna asked to recoup $16.1 million in payouts to the labs for what it called "wasteful" tests.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What DOL Fiduciary Rule Means For Private Fund Managers

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    Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • 9th Circ. Clarifies ERISA Preemption For Healthcare Industry

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    The Ninth Circuit's recent ruling in Bristol SL Holdings v. Cigna notably clarifies the broad scope of the Employee Retirement Income Security Act's preemption of certain state law causes of action, standing to benefit payors and health plan administrators, say attorneys at Troutman Pepper.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

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