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Benefits
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August 14, 2025
Las Vegas Cos. Owe $1.2M In Union Pension Row, Judge Says
Two window-washing companies in Las Vegas are on the hook for more than $1.2 million in withdrawal liability to a union pension plan, a Nevada federal judge determined, concluding the businesses are successors of older companies.
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August 14, 2025
ServiceNow Inks $925K Deal In 401(k) Target-Date Fund Suit
Software company ServiceNow will pay $925,000 to settle a proposed class action alleging the business cost workers millions in savings by failing to trim underperforming target-date funds from its 401(k) plan, according to filings in California federal court docketed Thursday.
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August 14, 2025
HCA Settles Antitrust Claims Over Mission Health Contracts
HCA Healthcare Inc. has made several commitments for the operation of its Mission Health hospital system in North Carolina and also agreed to establish a $1 million charity fund to settle claims from municipalities that it used contractual terms to thwart competition and raise prices.
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August 13, 2025
Dick's Sporting Goods Suit Should Be Trimmed, Judge Says
A Pennsylvania federal judge has recommended trimming a shareholder class action that claims Dick's Sporting Goods misled investors about inventory levels and losses because of theft after the COVID-19 pandemic, finding that some of the suit's challenged statements are forward-looking and inactionable, among other things.
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August 13, 2025
Labcorp Wins ERISA Trial As Judge Cites Stronger Witnesses
Medical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility.
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August 13, 2025
9th Circ. Greenlights Expansive Use Of Discovery Statute
The Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund.
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August 13, 2025
High Court's Trans Ruling Doesn't Change Insurer's ACA Loss
A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.
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August 13, 2025
8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care
A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.
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August 13, 2025
Chancery OKs $7.5M Atty Fee In $50M Lutnick Bonus Battle
Class attorneys who secured a $50 million derivative suit settlement fully offsetting a disputed bonus paid in 2021 to former Newmark Group Inc. controller and current Commerce Secretary Howard Lutnick saw their proposed 25% attorney fee cut to 15% by a Delaware vice chancellor on Wednesday.
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August 13, 2025
Bank Of America Can't Escape 401(k) Forfeiture Suit
A North Carolina federal judge refused to toss a proposed class action against Bank of America alleging the bank misspent 401(k) plan forfeitures, finding allegations that the bank's decision to reduce obligations to other employees' accounts instead of defraying plan expenses had stated a claim for violating federal benefits law.
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August 13, 2025
Pa. Judge Ends Employers' Expanded Birth Control Exemptions
A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.
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August 13, 2025
11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits Suit
A former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago.
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August 12, 2025
Goldman Sachs Objector's $517K Fee Bid Slashed To $50K
A Delaware vice chancellor has slashed an objector's counsel fee and expense request from $517,000 to $50,000 as part of a settlement in a derivative suit against Goldman Sachs directors, and awarded the plaintiffs their sought-after $612,500 in fees.
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August 12, 2025
Airbnb Wants Conservative Shareholder Proposal Suit Tossed
Airbnb has asked a Delaware federal court to toss a suit alleging the vacation rental company wrongfully excluded conservative shareholders' proposals from its 2025 proxy materials, arguing they haven't alleged anyone at the company knew about the proposals at all.
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August 12, 2025
SAG-AFTRA Health Plan Members Settle Data Breach Suit
SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event.Â
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August 12, 2025
Sentara Health Must Face Trimmed Stable Value Fund Suit
A Virginia federal court refused to toss a proposed class action alleging healthcare not-for-profit Sentara Health mismanaged an employee retirement plan, finding workers had sufficiently backed up claims that a stable value fund in the plan underperformed and their employer's investment management process was lacking.
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August 12, 2025
11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability
The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.
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August 12, 2025
Teamsters Fund Fights Debt Recalculation Order At 7th Circ.
The Seventh Circuit should overturn an Illinois federal judge's order for a Teamsters pension fund to recalculate a concrete company's debt, the fund argued, saying the fund's original finding that the company owed roughly $23 million was correct.
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August 12, 2025
DOL Yanks 2021 Guidance On Private Equity 401(k) Risks
The U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called for expanding access to alternative asset classes in defined-contribution retirement plan investing.
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August 12, 2025
Deal Unveiled In Schnader Harrison ERISA Case After Delays
Schnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court.
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August 12, 2025
Katten Adds King & Spalding Executive Compensation Pro
Katten Muchin Rosenman LLP has added an experienced executive compensation attorney from King & Spalding LLP in the nation's capital.
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August 12, 2025
11th Circ. Wary Of Individual Arbitration Push In ESOP Fight
The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.
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August 11, 2025
4 Takeaways From Trump's Order To Expand 401(k) Assets
President Donald Trump's recent executive order aimed at expanding 401(k) savers' access to nontraditional 401(k) assets like private equity and crypto could open up a greater portion of the financial market to retirement savers, attorneys say, though plenty of regulatory hurdles lie ahead. Here, Law360 looks at four key takeaways on the order with attorneys and experts.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
Aetna, CVS Want Lab's $21M Payment Suit Tossed For Good
Aetna and its parent company, CVS Health Corp., said a medical laboratory can't stand in the shoes of patients who were allegedly denied coverage by the insurer for lab tests, and they have asked a Connecticut federal judge to toss the lab's lawsuit for good.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
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.
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A Cold War-Era History Lesson On Due Process
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.
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Series
Improv Makes Me A Better Lawyer
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.
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How BigLaw Executive Orders May Affect Smaller Firms
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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.
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How To Accelerate Your Post-Attorney Career Transition
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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Series
Birding Makes Me A Better Lawyer
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.
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How The ESG Investing Rule Survived Loper Bright, For Now
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.