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Benefits
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January 23, 2025
AT&T, Fidelity Beat Retiree's Suit Over Mistaken Benefits
A retiree who claimed he was misled by AT&T and Fidelity into thinking he was owed more retirement benefits than he received cannot proceed with his suit, a Colorado federal judge ruled, stating that the snafu resulted in a miscommunication, not a violation of federal benefits law.
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January 23, 2025
UnitedHealthcare Settles Proton Beam Coverage Suit
UnitedHealthcare has agreed to resolve a proposed class action claiming it unlawfully denied coverage of a proton beam cancer treatment after wrongly labeling it as experimental, the insurance company and plan participants told a Massachusetts federal court.
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January 22, 2025
Boeing Rips Investors' Class Cert Bid In 737 Max Blowout Suit
Boeing told a Virginia federal judge that pension funds cannot reverse-engineer sweeping securities fraud claims based on last year's Alaska Airlines midair blowout incident, saying their bid to certify a class of investors who were purportedly misled by Boeing's assurances of the 737 Max jets' safety must be rejected.
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January 22, 2025
Justices Seem Willing To Reopen Cornell Workers' ERISA Suit
The U.S. Supreme Court on Wednesday seemed inclined to revive a federal benefits lawsuit from Cornell University workers alleging their retirement plan was mismanaged and charged excessive fees, with several justices appearing open to arguments that the Second Circuit overreached when it shut down the case.
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January 22, 2025
9th Circ. Won't Revive Express Scripts Generics Dispute
A Ninth Circuit panel won't renew a suit accusing Express Scripts of shortchanging a Seattle pharmacy on reimbursements for the generic version of HIV/AIDS drug Truvada, finding that only the name-brand prescription was listed in their contract as a "covered specialty medication" entitled to a higher payback rate.
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January 22, 2025
Unum Unlawfully Cut Disability, Hughes Hubbard Worker Says
Insurance company First Unum Life Insurance unlawfully halted a Hughes Hubbard and Reed LLP manager's long-term disability benefits and decided to solely follow in-house doctors' recommendations, a suit filed in New Jersey federal court claims.
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January 22, 2025
Logistics Cos. Say Workers' Tobacco Fee Suit Filed Too Late
A pair of logistics companies are asking a Connecticut federal court to throw out a proposed class action alleging they violated federal law by not fully reimbursing employees who paid an additional tobacco-use fee on their healthcare, saying all the claims in the suit are barred by statutes of limitation.
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January 22, 2025
JPMorgan Accused Of Misusing Forfeited 401(k) Funds
JPMorgan Chase & Co. violated federal benefits law when it used former employees' forfeited, unvested 401(k) contributions to cover millions of dollars of employer contributions rather than covering plan expenses, according to a proposed class action filed in California federal court.
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January 21, 2025
Del. Justices Seal Oracle's Win In $9.3B NetSuite Merger Suit
The Delaware Supreme Court on Tuesday affirmed the Chancery Court's toss last year of a challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Corp. in 2016, saying the Chancery did not err in finding that the transaction was untainted from influence by Oracle's management or its founder and top shareholder.
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January 21, 2025
Ala. Gets In On Trans Ga. Deputy's 11th Circ. Rehearing
The state of Alabama will get a chance to weigh in at closely watched oral arguments next month when the full Eleventh Circuit will consider whether a Georgia county's denial of coverage for a transgender deputy's gender-affirming surgery violates federal employment discrimination laws.
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January 21, 2025
4th Circ. Won't Undo Doctor's Conviction For Reusing Devices
A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.
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January 21, 2025
Cornell Case May Be Bellwether For ERISA Transaction Claims
The U.S. Supreme Court will hear arguments Wednesday from Cornell University and workers looking to reinstate a class action alleging their retirement plan paid excessive fees, in a case that could change the strategy for Employee Retirement Income Security Act plaintiffs in the future.
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January 21, 2025
Union Worker Says He Has Standing To Sue Carpenters Plans
A Carpenters-represented worker suing a group of union benefit plans for cutting off his and his coworkers' benefits after a collective bargaining agreement expired is fighting to keep his lawsuit in California federal court, urging the court to reject the plans' argument that he lacked standing to sue.
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January 21, 2025
Advocates Vow Suits Over Trump Orders On LGBTQ+ Rights
An LGBTQ+ rights advocacy group succeeded in fighting executive orders issued during President Donald Trump's first term promised Tuesday to challenge his latest moves rolling back protections for transgender and nonbinary U.S. citizens.
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January 21, 2025
Paul Weiss Hires Exec Comp Head From Sullivan & Cromwell
Paul Weiss Rifkind Wharton & Garrison LLP is bringing on Matt Friestedt, the former head of Sullivan & Cromwell LLP's executive compensation mergers and acquisitions practice, as a partner in its New York office.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
DOL Says It Recovered $1.4B For Plans, People In Fiscal '24
The U.S. Department of Labor's Employee Benefits Security Administration announced Friday that it recovered nearly $1.4 billion in direct payments to plans, participants and beneficiaries in 2024, largely stemming from enforcement actions and informal complaint resolutions.
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January 17, 2025
Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told
Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.
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January 17, 2025
SEC Fines Transamerica $2.9M Over Retirement Biz Conflicts
The U.S. Securities and Exchange Commission on Friday fined registered investment adviser Transamerica Retirement Advisors LLC $2.9 million to settle claims it concealed conflicts of interest generated by Transamerica's incentive compensation payments to representatives.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
Trade Group Sues To Stop Federal Mental Health Parity Regs
A benefits-focused employer trade group sued the U.S. Department of Labor and other federal agencies in D.C. federal court Friday, seeking to block recently finalized mental health parity regulations the group alleges are unconstitutional and violate administrative procedure laws.
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January 17, 2025
DOL Says Mental Health Parity Law Compliance Still Lacking
The U.S. Department of Labor and two other agencies said Friday that many employer health plans are still falling short of full compliance with a federal law requiring that mental health and substance use disorder treatment be covered comparably to physical healthcare.
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January 17, 2025
Ex-Conn. State Employee Accused In $1.9M Medicaid Scam
A former employee of Connecticut's Office of Policy and Management is one of two people charged by federal authorities with defrauding the state Medicaid program out of nearly $1.9 million by submitting false claims for services for children with autism, the U.S. attorney's office said Friday.
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January 17, 2025
Drink Maker Celsius Settles SEC's Accounting Claims For $3M
The U.S. Securities and Exchange Commission on Friday fined beverage company Celsius Holdings Inc. $3 million to settle claims that it issued financial statements that were materially inaccurate and misleading due to misreported stock award information.
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January 17, 2025
Littler Adds ERISA Partner From Trucker Huss In Calif.
Labor and employment firm Littler Mendelson PC has expanded its offerings in California with the addition of an attorney from Trucker Huss.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
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.
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Unpacking Arguments From High Court's Rural Hospital Case
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.
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California Supreme Court's Year In Review
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.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
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.
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Best Practices For Effective Employee Assistance Programs
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.
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Series
Flying Makes Me A Better Lawyer
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.
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Series
Circus Arts Make Me A Better Lawyer
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.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
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.
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6th Circ. Ruling Prevents Disability Insurer Overreach
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.
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The Bar Needs More Clarity On The Discovery Objection Rule
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.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
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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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.