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Benefits
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July 26, 2024
Boeing Sued In Del. For Docs On Safety, Quality Failures
Two Boeing Co. pension fund stockholders sued in Delaware's Court of Chancery late on Thursday seeking access to company documents on safety and quality issues involving the 737 MAX, 777 and 787 commercial passenger jets, alleging a "slow rolling" of responses by the industry giant.
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July 26, 2024
Gas Co. Can't Wheedle Out Of Jury's Decision, Trader Says
A former trading director has told a Colorado state judge that the natural gas marketing company he worked for has no grounds to escape a Denver jury's $3.3 million damages award over his unpaid bonus, arguing that the jurors clearly found in his favor.
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July 26, 2024
Health Worker Says Home Insurer Must Cover Privacy Row
A woman accused of unlawfully accessing confidential patient information and disseminating it to others while working for the Yale New Haven Health System told a Connecticut federal court that her homeowner insurer owes coverage for the lawsuit, noting her policies define "personal injury" to include "invasion of privacy."
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July 26, 2024
Texas Federal Judge Blocks DOL Investment Advice Rule
A Texas federal judge granted a bid from insurance industry groups to freeze U.S. Department of Labor regulations that expand who qualifies as a fiduciary under federal benefits law, saying the agency's new rule "suffers from many of the same problems" as a previous DOL rule the Fifth Circuit invalidated in 2018.
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July 25, 2024
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP
Alerus Financial NA defeated a lawsuit claiming it unlawfully let the former owners of a tree care company take a large portion of the business's $34 million sale price, with a California federal judge saying the new owners can't sue on behalf of a defunct employee stock ownership plan.
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July 25, 2024
6th Circ. Asks Union If Steel Co. Must Pay 'Double' Benefits
During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers.
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July 25, 2024
Warren Slams Fed Chief For Inaction On Bank Exec Pay
Sen. Elizabeth Warren, D-Mass., urged the Federal Reserve's top official to support rulemaking that would restrict incentive-based pay for executives at big banks, a long-overdue policy change that Congress required in the 2010 Dodd-Frank Act.
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July 25, 2024
Vintage Wine Estates Can Tap Into $60.5M DIP Financing
Bankrupt wine producer and processor Vintage Wine Estates received permission Thursday from a Delaware bankruptcy judge to begin borrowing under a $60.5 million debtor-in-possession financing package being provided by its prepetition lenders.
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July 25, 2024
Vanguard Opposes Investors' Cert. Bid In Tax Liability Suit
A group of investors accusing Vanguard of violating its fiduciary duties by triggering a sell-off of assets that left smaller investors with massive tax bills shouldn't be granted class certification, the asset manager told a Pennsylvania federal court.
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July 25, 2024
Manufacturer Dodges Workers' 401(k) Fee Suit, For Now
An Illinois federal judge threw out two workers' lawsuit accusing a manufacturing company of saddling its $1.6 billion retirement plan with excessive recordkeeping and administrative fees, but left the door open for them to revise their complaint.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 24, 2024
Ex-Arena Group CEO Says He's Owed Fees For Dueling Suits
The former CEO of digital publisher The Arena Group is demanding that the company make its contractual payments to him to cover his costs for dueling lawsuits against one another in separate state courts, according to a Wednesday suit in Delaware Chancery Court.
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July 24, 2024
Paramount Defaulted On Co. Sale Doc Demand, Chancery Told
Paramount Global has "completely defaulted" on obligations to provide documents sought by a shareholder investigating controller Shari Redstone's alleged self-interested "usurpation" of the media company's sale opportunities, a stockholder attorney told a Delaware Court of Chancery magistrate Wednesday.
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July 24, 2024
Chemical Co. Settles Ex-Workers' 401(k) Fee Suit
Chemical company Univar Solutions USA Inc. has agreed to resolve a proposed class action claiming it let its employee 401(k) plan pay unreasonably high administrative fees and cost workers millions of dollars in retirement savings, according to a filing Wednesday in Illinois federal court.
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July 24, 2024
6th Circ. Floats Remand Of Geico Agent Misclassification Suit
The Sixth Circuit on Wednesday pressed Geico about plan documents reviewed by a lower court when it tossed agents' claims they were misclassified as independent contractors, floating the possibility of sending the case back for limited discovery.
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July 24, 2024
Milliman 401(k) Class Hangs Onto Cert. After Bench Trial Loss
A Washington federal judge will keep a class of Milliman 401(k) plan participants intact despite rejecting their claims that Milliman mismanaged their retirement funds, after the lead plaintiff and the company agreed certification should be preserved as the court enters its final judgment.
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July 24, 2024
GOP States Still Can't Intervene In Wash. Abortion Pill Suit
The Ninth Circuit rejected a bid by Idaho and other Republican-led states to intervene in Washington's lawsuit seeking to expand access to the abortion pill mifepristone, ruling Wednesday the states lacked standing and only speculated about how they were injured.
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July 24, 2024
Ex-NFL Player Fights To Revive Disability Benefits Claim
Former NFL fullback Detron Smith is angling to reverse the denial of his bid for disability benefits, telling the Fifth Circuit that the NFL's disability plan is misconstruing its rules in an effort to stymie his continued attempts at gaining full disability benefits.
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July 24, 2024
3rd Circ. Says NJ Temp Worker Law Is Constitutional
Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional, the Third Circuit ruled Wednesday, affirming a district court's ruling.
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July 24, 2024
3rd Circ. Revives Ex-Ricoh USA Workers' 401(k) Fee Suit
The Third Circuit on Wednesday reversed dismissal of a federal benefits lawsuit from former workers at Ricoh USA Inc. alleging their employee 401(k) plan paid excessive recordkeeping and administration fees, finding retirement mismanagement claims should proceed to discovery.
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July 23, 2024
Families Seek Class Cert. In Premera Teen Trans Care Case
The families of transgender teens are seeking class certification in a case accusing Premera Blue Cross of age and sex discrimination after denying coverage for gender-affirming chest surgery because the teens are under 18, according to a motion filed in Washington federal court.
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July 23, 2024
Cornell Tells High Court Not To Touch Workers' ERISA Suit
Cornell University urged the U.S. Supreme Court not to take up a class action accusing it of mismanaging its employees' retirement savings, saying it shouldn't disturb a Second Circuit ruling that found the workers leading the suit failed to show that Cornell's payments to its service providers involved self-dealing.
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July 23, 2024
Chancery Spikes Raytheon Stockholder's Derivative Suit
A shareholder who faulted directors at Raytheon Technologies Corp. for allowing a special committee to change employee compensation plans without first seeking stockholder approval has failed to show how the board of directors did anything wrong, a Delaware vice chancellor ruled Tuesday, dismissing the derivative lawsuit.
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July 23, 2024
Mother Urges Sanctions On Nonprofit Over Unpaid $13.4M Win
An 81-year old mother who won a $13.4 million judgment after her son died in a group home run by the Connecticut Institute for the Blind asked a state court judge Tuesday to order swift sanctions against the nonprofit for allegedly dodging depositions and stalling attempts to collect the award.
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July 23, 2024
Labor Dept. ESG Rule May Survive Chevron's Demise
The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
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.
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The Art Of Asking: Leveraging Your Contacts For Referrals
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.
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Series
Being An Equestrian Makes Me A Better Lawyer
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.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
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.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
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.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
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.
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Inside OMB's Update On Race And Ethnicity Data Collection
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.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
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.
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This Earth Day, Consider How Your Firm Can Go Greener
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.
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Management Incentives May Be Revisited After PE Investment
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.
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Practicing Law With Parkinson's Disease
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.
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Series
Playing Hockey Makes Me A Better Lawyer
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.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
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.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
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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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.