Benefits

  • December 17, 2024

    Drug Co. Investor Sues In Del. Over $140M Insider Windfall

    A pension fund investor in Cerevel Therapeutics Holdings Inc. has sued Bain Capital Investors LLC and other alleged insiders of the company in Delaware's Court of Chancery, accusing them of lining up a secondary offering in the biopharmaceutical venture before disclosure of its planned sale to AbbVie.

  • December 17, 2024

    Asset Manager Gets 2½ Years For Role In $1.2B PDVSA Scheme

    A Florida federal judge on Tuesday sentenced an asset manager who pled guilty to participating in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company to 2½ years in prison.

  • December 17, 2024

    Nevada Defeats DOJ Military Bias Suit Over Pension Credits

    A Nevada federal judge tossed the U.S. Department of Justice's suit claiming Nevada and its public employees' retirement system overcharged service members for pension credits, ruling that a law protecting troops' reemployment rights doesn't let service members beef up their retirement benefits at a discounted rate.

  • December 17, 2024

    4 Recent Policy Developments Benefits Attys Should Know

    A trio of federal agencies finalized new disclosure requirements for how health plans cover mental health treatments, states took steps to regulate pharmacy benefit managers, the U.S. Department of Labor's investment advice regulations failed in court, and Congress passed legislation to make compliance with the Affordable Care Act easier. Here, Law360 looks back at four policy-related developments in the employee benefits field from the latter half of 2024.

  • December 17, 2024

    5th Circ. Preserves Feds' ACA Trans Health Policy

    The Fifth Circuit upended a Texas court decision that invalidated a federal agency interpretation of the Affordable Care Act's provision on nondiscrimination in healthcare, keeping intact federal policy that prohibits insurers from discriminating against individuals seeking treatment for gender dysphoria.

  • December 17, 2024

    Ex-Pol Can't Shake Fraud Rap Over Jury's Racial Makeup

    A Massachusetts federal judge denied a Vietnamese-American former state senator's bid to undo his conviction for unlawfully accepting unemployment assistance and filing a false tax return, rejecting claims that jury selection was tainted by "racial animus" on the part of prosecutors.

  • December 16, 2024

    Amazon Puts Speed Over Worker Safety, Sanders Report Says

    Amazon prioritizes speed and profit over warehouse workers' safety, and the company has ignored its own internal studies on how to improve workplace safety, according to a report Sen. Bernie Sanders has released that Amazon vehemently derided late Monday as an attempt to support a false "preconceived narrative."

  • December 16, 2024

    AME Church Inks $20M Deal In Retirement Fraud Suit

    The African Methodist Episcopal Church has agreed to pay $20 million to resolve a suit claiming it failed to step in when an employee embezzled $90 million from its retirement plan, according to a Tennessee federal court filing seeking an initial green light on the deal.

  • December 16, 2024

    Chemical Co. Retirees Agree To End 401(k) Fee Suit Appeal

    Chemical company retirees who accused their former employer of unlawfully loading their 401(k) plan with costly investment options ended their bid to revive a class action, with the Third Circuit signing off on the dismissal.

  • December 16, 2024

    The Biggest Massachusetts High Court Rulings Of 2024

    Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.

  • December 16, 2024

    11th Circ. Won't Kick Starbucks Benefits Case To Arbitration

    The Eleventh Circuit affirmed Monday that Starbucks can't force a former employee's husband to arbitrate a proposed class action claiming the coffee giant unlawfully failed to tell him about continuing health benefit options after his wife was fired, saying he wasn't bound by the terms of his spouse's employment agreement.

  • December 13, 2024

    Labaton Keller To Lead ZoomInfo Investor Class Action

    Labaton Keller Sucharow LLP and Byrnes Keller Cromwell LLP will represent a proposed class of investors in litigation alleging software and data company ZoomInfo hurt investors after making missteps in an effort to retain new pandemic-era customers and ultimately writing down $33 million because of improperly recognized revenue.

  • December 13, 2024

    Del. Chancellor Positions Musk Pay Fight For Likely Appeal

    Delaware's chancellor positioned for likely appeals late Friday final pieces of a landmark six-year battle over Tesla Inc.'s attempt to award CEO Elon Musk a more than $55 billion, 10-year pay package, in a trio of orders that also directed the company to pay in cash or post sufficient bond for a $345 million stockholder attorney fee.

  • December 13, 2024

    Insurer Argo Beats Investor Suit Over Reserve Estimate Risks

    A New York federal judge has dismissed a proposed investor class action against Argo Group International Holdings Ltd. and its executives, finding that the insurance firm adequately disclosed the risks and uncertainties in its reserve estimations and that a 2017 review of underwriting guidelines did not contradict its reserve management statements.

  • December 13, 2024

    Supreme Court To Review Wis. Catholic Charity Tax Case

    The U.S. Supreme Court plans to examine whether a group of Catholic charities is exempt from Wisconsin's unemployment tax, agreeing Friday to review a state Supreme Court finding that the organizations are not operated primarily for religious purposes.

  • December 13, 2024

    Retirees Say Lumber Co.'s $1.5B Pension Transfer Upped Risk

    A wood product manufacturer violated federal benefits law when it transferred $1.5 billion of pension obligations to a private equity-backed insurance company, substantially increasing the risk that retirees will see their benefits slashed, according to a proposed class action filed in federal court.

  • December 13, 2024

    Texas AG Sues NY Doctor Over Telehealth Abortion Script

    Texas Attorney General Ken Paxton sued a New York doctor who founded the Abortion Coalition for Telemedicine in the Lone Star State Friday, accusing the physician of violating Texas state abortion laws by providing abortion-inducing prescription drugs to a Texas resident via telehealth.

  • December 13, 2024

    Holland & Knight Faces DQ Bid In Ga. Spine Center 401(k) Suit

    Holland & Knight LLP should be disqualified from representing doctors suing Polaris Spine and Neurosurgery PC in Georgia federal court because the law firm previously served as its corporate counsel, the Atlanta-area practice and one of its doctors argued Thursday.

  • December 13, 2024

    UnitedHealth To Pay $69M In Suit Over 401(k) Fund Roster

    UnitedHealth Group has agreed to pay $69 million to settle a class action claiming it included low-performing investment options in its 401(k) plan to preserve its business relationship with Wells Fargo, according to a filing Friday in Minnesota federal court.

  • December 12, 2024

    Medicare Could Lose Billions From 'Patent Abuse,' Group Says

    The $6 billion a year Medicare is supposed to save by negotiating drug prices under the Inflation Reduction Act is close to the billions of dollars the government could lose due to "patent abuse" by drugmakers, according to a new report by a consumer interest group.

  • December 12, 2024

    Wash. Justices OK Tax Break For Pharmacy Benefits Manager

    A Washington pharmacy benefits manager is exempt from a state business tax on its services for Medicaid patients because its corporate sibling paid premium taxes in connection with the same services, the state's high court affirmed Thursday.

  • December 12, 2024

    Sony, Bungie Face $200M Defamation Suit Over Exec's Ouster

    Former Bungie Inc. gaming software director and designer Christopher Barrett sued the company and parent Sony Interactive Entertainment LLC for $200 million in damages in Delaware's Court of Chancery on Thursday, claiming defamation and constructive dismissal while accusing the companies of leaking false sexual misconduct allegations.

  • December 12, 2024

    2nd Circ. Upends Arbitration Order In Bakery Drivers' Suit

    The Second Circuit voided its prior ruling that a bakery's delivery drivers must arbitrate claims alleging they were misclassified as independent contractors, saying Thursday the question of whether they are exempt from arbitration is up in the air after the U.S. Supreme Court weighed in on the suit.

  • December 12, 2024

    Woody Allen Axed Private Chef Over Military Duties, Suit Says

    Filmmaker Woody Allen fired a personal chef because he repeatedly complained he wasn't being properly paid and had to take time off to participate in military exercises as a member of the U.S. Army Reserve, according to a lawsuit filed in New York federal court.

  • December 11, 2024

    Tesla Stockholder Contests $345M Musk Pay Fight Fee In Del.

    A Tesla Inc. stockholder has asked to intervene in the Delaware Court of Chancery class derivative case that scuttled CEO Elon Musk's 10-year, $55.6 billion compensation plan, citing objections to court approval of a stock or cash fee award for class attorneys worth $345 million.

Expert Analysis

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • Rethinking Clawback Policies For 2025 Compensation Season

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    The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • ERISA Ruling Is A Win For DOL Regulatory Authority

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    In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

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