Benefits

  • April 17, 2024

    Shipping Co. Cuts Deal To Exit 401(k) Fee Suit

    A shipping and logistics company agreed to resolve a proposed class action a former employee lodged alleging it saddled workers' $766 million retirement plan with lofty administrative fees and failed to remove its expensive recordkeeper, a filing in North Carolina federal court said.

  • April 17, 2024

    NY Court OKs Purdue Pharma's 5th KEIP For $7.2M

    A New York bankruptcy judge on Wednesday approved bankrupt drug manufacturer Purdue Pharma LP's plan to pay out $7.2 million to three executives and agreed to seal some of the specifics of how the executives' performance would be measured.

  • April 17, 2024

    EmblemHealth Pushes IRS To Hand Over $6.7M Tax Refund

    Not-for-profit insurance company EmblemHealth asked a New York federal court Wednesday to grant it a nearly $6.7 million tax refund, saying the Internal Revenue Service left a voicemail accepting its refund claim in February but still hasn't delivered the money.

  • April 17, 2024

    School District To Pay $200K To End EEOC Age Bias Suit

    An Illinois school district will pay about $206,000 to bring an end to a U.S. Equal Employment Opportunity Commission suit claiming it capped salary increases for teachers over 45 to dodge increased retirement payments, the agency said Wednesday.

  • April 17, 2024

    Ogletree Expands Into Western NY With Ex-Goldberg Atty

    Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.

  • April 17, 2024

    Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas

    Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.

  • April 17, 2024

    Waste Co. Strikes Deal To End 401(k) Mismanagement Suit

    A waste management company reached an agreement to end a former worker's proposed class action claiming it breached federal benefits law by stacking its $813 million retirement plan with needlessly expensive funds, according to a filing in Massachusetts federal court.

  • April 17, 2024

    Discovery In $500M Severance Fight Against X, Musk Will Wait

    A California federal judge paused discovery in a suit claiming X, formerly Twitter, owes $500 million in severance to the workers the company laid off after Elon Musk's takeover, saying the court should wait to sort out the company's dismissal bid.

  • April 17, 2024

    Court Trims Atty Fee Bid For Xerox Workers' $4.1M ERISA Deal

    After a $4.1 million Connecticut ERISA settlement, a federal court has awarded more than $1 million in fees to attorneys who represented a class of nearly 40,000 Xerox workers, determining a one-quarter fee amount was more appropriate than the requested one-third cut.

  • April 16, 2024

    NY High Court Zeroes In On Abortion Coverage Exemptions

    New York's highest court grappled Tuesday with whether a state regulation's exemption process shielding religious groups from a requirement that employee health plans cover abortions conflicted with a 2021 U.S. Supreme Court decision, with multiple judges questioning the constitutionality of the carveout procedure.

  • April 16, 2024

    Ex-NBA Guard Gets 18 Months In Healthcare Scheme

    A former Detroit Pistons point guard was sentenced to 18 months in prison Tuesday after being convicted of one of two counts over an alleged scheme to defraud the NBA's healthcare plan, with a Manhattan federal judge saying his proceeds were "not chump change" and faulting his behavior on pretrial release.

  • April 16, 2024

    NJ Financial Counselor Cops To Defrauding Army Families

    A New Jersey financial counselor with the U.S. Army and a major in the U.S. Army Reserve pled guilty in federal court on Tuesday to defrauding Gold Star families and other related crimes, the U.S. Attorney's Office announced.

  • April 16, 2024

    Amway Parent Must Face Trial In Retirees' 401(k) Suit

    A Michigan federal judge refused Tuesday to totally free Amway's parent company from a class action accusing it of stacking its 401(k) with unwise investments and excessive fees, saying a jury should determine whether the company's investment review process was prudent.

  • April 16, 2024

    IRS Extends Excise Tax Relief For Min. Plan Distribution

    Plans that fail to make certain required minimum distributions in 2024 will not be assessed an excise tax under changes made to retirement plan legislation, the Internal Revenue Service said in guidance released Tuesday.

  • April 16, 2024

    Justices Say Army Vet Owed More Education Benefits

    An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    Coal Exec's Widow Seeks Atty Fees After Toss Of $6.5B Suit

    The widow of a bankrupt coal company's former president requested $525,000 in attorney fees and costs Monday after a D.C. federal judge tossed a suit alleging her husband's estate and another business owed a union pension plan $6.5 billion, saying the plan's trustees can afford to pay.

  • April 15, 2024

    Whistleblower Says Lab Co. Ran COVID-Testing Scheme

    A California-based diagnostics firm and its CEO have been hit with a whistleblower suit in Washington federal court by an ex-lab director who claims an affiliated company flouted regulatory standards and fraudulently billed government healthcare programs for COVID-19 tests on patients with private insurance.

  • April 15, 2024

    Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

    A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

  • April 15, 2024

    2nd Circ. Affirms Telecom Co.'s $13M Union Pension Bill

    The Second Circuit upheld a New York federal court's determination that a telecommunications company owed $13 million in withdrawal liability to a multiemployer pension plan for electrical and contract workers, agreeing Monday with an arbitrator's finding that a construction industry exception didn't apply to the disputed work.

  • April 15, 2024

    Ballard Spahr Adds Benefits Pro In Ga. From Union Pacific

    An employee benefits and executive compensation attorney has moved to private practice at Ballard Spahr LLP after spending more than a decade in-house at Union Pacific Railroad.

  • April 15, 2024

    Bomb Dog Trainer Links Cancer To Job In Benefits Denial Suit

    A Massachusetts state police trooper says he was diagnosed with cancer after being exposed to hazardous materials while training an explosives-detection dog at Logan Airport, according to a suit seeking line of duty injury benefits.

  • April 15, 2024

    Justices Won't Review ERISA Suit Over Heart Transplant

    The U.S. Supreme Court has declined to review the Fourth Circuit's decision only partially reviving a suit brought by the mother of a deceased airline worker whose employer refused to cover his heart transplant surgery until after his death.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

Expert Analysis

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

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    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • SEC's Life Sciences Actions Utilize Novel Tools And Theories

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    Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Wilderness Therapy Ruling May Deter Broad Policy Exclusions

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    A Utah federal court's recent ruling in M.A. v. United Healthcare that an insurance policy exclusion for the adolescent behavioral health treatment known as wilderness therapy was ambiguous shows that blanket rejections can go too far, and may preclude new rationales for claim denials, says Mark DeBofsky at DeBofsky Law.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cos. Must Show Discretion In Public Statements When Sued

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    A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • An Overview Of 6 PBM Bills Moving Through Congress

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    As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.

  • 10th Circ. ERISA Ruling Is Promising For Self-Funded Plans

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    Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.

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