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Benefits

  • August 07, 2025

    Worker Says Property Firm Fired Her Over Medical Diagnosis

    A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.

  • August 07, 2025

    Michigan AG Fights Bid To Pause PBM Price-Fixing Suit

    Michigan's attorney general has said there is no reason to pause her price-fixing suit against pharmacy benefit managers Express Scripts and Prime Therapeutics for a pending dismissal motion, urging a federal judge not to put discovery on ice. 

  • August 07, 2025

    10th Circ. Upholds Okla. Law Banning Trans Care For Minors

    The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.

  • August 07, 2025

    Anthem Seeks Exit From Lab's $3.8M Insurance Suit

    Anthem Blue Cross Blue Shield of Connecticut again asked a federal judge to let it out of a lab's $3.8 million suit alleging the company failed to pay 3,000 insurance claims for medical tests, arguing that the lab's second amended complaint didn't make up for the deficiencies that got most of the first one dismissed.

  • August 07, 2025

    2nd Circ. Axes Challenge To Medicare Drug Price Negotiations

    In a published opinion Thursday, the Second Circuit turned away Boehringer Ingelheim's constitutional and administrative challenge to the Medicare Drug Price Negotiation Program, finding that the program is voluntary and it was lawfully implemented under the Inflation Reduction Act.

  • August 07, 2025

    Rising Star: Skadden's Mary E. Grinman

    Mary E. Grinman of Skadden Arps Slate Meagher & Flom LLP has defended several large employers in proposed class actions alleging retirement plan mismanagement, including Liberty Mutual and JPMorgan, earning her a spot among benefits practitioners under age 40 honored by Law360 as Rising Stars.

  • August 07, 2025

    Trump Greenlights Private Equity, Crypto 401(k) Investing

    President Donald Trump signed an executive order Thursday that aims to make it easier for retirement plans to invest in a wider range of assets, including cryptocurrency, private equity and real estate.

  • August 07, 2025

    7th Circ. Backs $75M In Chicken Price-Fixing Settlements

    The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.

  • August 07, 2025

    Vanguard, Investors Agree To Settle After Axed $40M Tax Deal

    Vanguard and investors have reached a second deal in a suit over allegations of surprise tax bills from a fund restructuring after a Pennsylvania federal judge scrapped a previous settlement in which the class would have fetched $40 million, the parties said Thursday.

  • August 07, 2025

    Alcoa Can't Stop Order Reinstating Retirees' Lifetime Benefits

    Alcoa USA Corp. lost its bid to pause an injunction reinstating lifetime healthcare benefits for a class of unionized retirees, their surviving spouses and dependents, with an Indiana federal judge finding the Seventh Circuit is likely to uphold the lower court's reasoning.

  • August 07, 2025

    Mass. High Court Affirms $1M Pension Loss For OT Fraud

    The forfeiture of $1 million in pension and health benefits following a Massachusetts state trooper's conviction in an overtime fraud scheme is not so grossly disproportionate to the offense that it violates the state constitution's prohibition on excessive fines, Massachusetts' highest court concluded on Thursday.

  • August 07, 2025

    Defense Cos. Get Forfeiture Claims Cut From 401(k) Suit

    A Kansas federal judge largely declined to toss two ex-workers' claims that defense contractors improperly retained costly investment options in their retirement plans but threw out allegations that the companies violated federal benefits law by using forfeited plan funds to cover their contribution obligations.

  • August 06, 2025

    6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit

    The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.

  • August 06, 2025

    6th Circ. Orders Redo Of Pension Fund Withdrawal Liability

    The Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude."

  • August 06, 2025

    Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows

    The Ninth Circuit aligned with several other federal appeals courts when it recently struck down a clause in a food service company's employee health plan that barred class or representative actions, marking the latest in a series of setbacks for employers looking to push federal benefits suits into solo arbitration.

  • August 06, 2025

    Masimo Drops Founder Joe Kiani From 'Empty Voting' Suit

    Masimo Corp. has agreed to free its founder, Joe Kiani, from the medical technology company's suit alleging he manipulated a shareholder vote through an "empty voting" scheme, pointing to "the interest of judicial efficiency and economy."

  • August 06, 2025

    Texas Hospital Should Face Retirement Plan Suit, Judge Says

    A Houston hospital shouldn't dodge a proposed class action claiming it failed to remove a J.P. Morgan fund from its $2.8 billion employee retirement plan despite the investment option's consistent underperformance, a Texas federal magistrate judge recommended Wednesday, saying the allegations are solid enough to stay in court.

  • August 06, 2025

    Wells Fargo Worker To Pay $3M To Settle ESOP Class Claims

    A Wells Fargo employee will pay $3 million to resolve claims against her in a class action alleging owners of an electrical component company and managers of its employee stock ownership plan undervalued the plan's shares when the program shut down, according to a filing in Massachusetts federal court.

  • August 06, 2025

    Rising Star: Cohen Milstein's Ryan Wheeler

    Ryan Wheeler of Cohen Milstein Sellers & Toll PLLC has recovered millions of dollars for his clients in benefits cases, like one claiming that Citgo shorted retirees in pension payments, and another saying that an Illinois casino used an employee stock ownership plan to craft a shady company sale, earning him a spot among the benefits law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2025

    LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit

    Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.

  • August 05, 2025

    Wash. Judge Questions Injunctions' Scope In Head Start Case

    A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.

  • August 05, 2025

    OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

    OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

  • August 05, 2025

    UBH Patients Score Partial Win In Mental Health Claims Fight

    A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.

  • August 05, 2025

    Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions

    A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."

  • August 05, 2025

    White & Case Lands Baker Botts Benefits Chair

    The firmwide executive compensation and employee benefits chair at Baker Botts LLP became the 20th U.S. lateral partner to join White & Case LLP this year, according to a Tuesday announcement.

Expert Analysis

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

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