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Benefits
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June 24, 2025
Whole Foods Staffers Seek Greenlight For $2M 401(k) Fee Deal
Whole Foods workers urged a Texas federal court on Tuesday to preliminarily approve a $2 million deal they hammered out with the Amazon-owned grocery chain to end their putative class action alleging excessive fees were charged to their employee 401(k) retirement plan in violation of federal benefits law.
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June 24, 2025
Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit
The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.
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June 24, 2025
Fed. Circ. Won't Revisit Ruling On Late Textron Pension Claim
The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations.
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June 24, 2025
4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery
The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical System over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.
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June 24, 2025
Krispy Kreme Cyberattack Sparks Class Claims Blitz
A former Krispy Kreme Doughnut Corp. employee has filed a proposed class action in North Carolina federal court claiming the chain failed to properly protect its current and former workers' personal information before a November data breach, one of many suits brought against it over that same cyberattack.
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June 24, 2025
X Corp. Fights Ex-Twitter Workers' Arbitration Bid
X Corp. challenged a request from former Twitter employees in Washington state to make the social media giant arbitrate claims about unpaid severance and bonuses, telling a federal judge that there is a lack of evidence showing the workers have valid arbitration agreements with the company.
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June 24, 2025
Faulty Comparisons Doom Nordstrom 401(k) Fee Suit
Nordstrom dodged a proposed class action claiming it saddled its 401(k) plan with excessive fees and used forfeited plan funds to offset its own contributions, with a Washington state federal judge saying inaccurate data and flawed comparisons to other plans couldn't sustain the case.
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June 24, 2025
Bloomberg 2020 Staffers Say Campaign Broke Pay Pledge
Former workers on Michael Bloomberg's 2020 presidential campaign said in a proposed class action filed in Massachusetts state court Tuesday that the media magnate and former New York City mayor reneged on a promise to keep them on the payroll through the general election.
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June 24, 2025
Pa. Tax Ruling Boosts Nonprofits' Competitive Edge, Attys Say
A recent Pennsylvania Supreme Court ruling clarifying that competitive executive compensation isn't a threat to the tax-exempt status for nonprofits has the added bonus of helping charities compete for and retain talent, attorneys tell Law360.
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June 24, 2025
P&G Worker's 'Unworthy' Ex Can't Claim $754K, 3rd Circ. Told
The estate of a late Procter & Gamble employee has urged the Third Circuit to undo a lower court's decisions in favor of the deceased employee's "unworthy ancient girlfriend" from the 1980s, arguing that the Pennsylvania federal judge who granted that former flame the worker's $754,000 retirement fund "failed to comprehend" relevant law.
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June 24, 2025
Atty Wants Class Cert Ahead Of Schnader Harrison Deal OK
A former Schnader Harrison Segal & Lewis LLP partner has asked a Pennsylvania federal court to certify a class of employees in an ERISA suit against the shuttered firm in the lead up to approval of a settlement resolving claims over retirement savings practices.
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June 24, 2025
Pitcher's Widow Keeps Up Fight For Benefits From MLB Plan
The widow of a former Cincinnati Reds pitcher is pushing to keep her lawsuit against Major League Baseball's pension plan alive, urging a Florida federal judge to preserve her legal fight for surviving spouse benefits in the face of the plan's motion to dismiss.
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June 23, 2025
Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit
Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.
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June 23, 2025
9th Circ. Sends Minor's Rehab Claim Back To Premera
The Ninth Circuit on Monday partially reopened a lawsuit accusing Premera Blue Cross of unlawfully refusing to cover a minor's time in a wilderness therapy program and rehabilitation facility, saying the insurer should take another look at one of the claims.
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June 23, 2025
Small Biz Benefits Brokerage Faces Ga. Suit Over Data Breach
An Atlanta-based provider of healthcare benefits, payroll and other human resources functions聽for small businesses, was hit with a proposed class action in Georgia federal court over allegations that it failed to properly safeguard the personally identifiable information of its customers during a 2024 data breach.
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June 23, 2025
Execs Nix Worker's ERISA Suit Over Food Co. Sale Side Deals
A Wisconsin federal judge tossed a worker's suit claiming PDQ Food Stores executives and GreatBanc brokered millions in self-serving side payments when organizing the company's sale, finding her complaint devoid of detail that any of the payments were illegal.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Mayer Brown Brings On Ex-Athene Atty For Insurance Team
Mayer Brown said Monday that it added a former counsel for retirement services company聽Athene to its Chicago office, where he will serve as a partner in the firm's corporate and securities practice and global insurance industry group.
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June 20, 2025
Hartford Claims Co. Accused Of Shortchanging Auto Payouts
Hartford Fire Insurance Co. was hit with proposed class claims in Connecticut federal court that it failed to pay full value for totaled cars under individual policies, after it聽used third-party data to whittle hundreds of dollars from vehicle prices as uniform claims administrator for 20 other insurers under The Hartford banner.
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June 20, 2025
Wells Fargo Escapes Ex-Worker's Suit Over 401(k) Forfeitures
Wells Fargo defeated a proposed class action claiming it unlawfully used forfeited 401(k) funds to offset its own contributions instead of covering retirement plan expenses, as a Minnesota federal judge said the plan didn't require the company to pay for elective services.
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June 20, 2025
Law School Escapes Prof's Long-COVID Retaliation Suit
A former Mercer University School of Law professor cannot show that the school refused to accommodate her long-COVID-19 symptoms, a Georgia federal judge ruled, saying her repeated requests to work remotely were not reasonable.
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June 20, 2025
Justices Say ADA Doesn't Cover Retirees Who Can't Work
The U.S. Supreme Court held on June 20 that a former firefighter with Parkinson's disease can't bring an Americans with Disabilities Act case over a rollback in her post-employment health benefits, reasoning that the law covers only those who can still fulfill their job duties.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
Alphabet, Investors Face Judge's Questions Over $500M Deal
A California federal judge has questions about an investor settlement with Google's parent company, Alphabet Inc., which agreed to earmark half a billion dollars over the next 10 years to overhaul its global compliance structure to resolve claims against company leaders of anticompetitive and monopolistic practices.
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June 18, 2025
BofA Judge Doubts Class Certification Bid In Unpaid PTO Suit
A California federal judge doubted Wednesday whether a named plaintiff can adequately represent a proposed class of Bank of America employees who claim they weren't paid for unused vacation time when they left the bank, observing during a hearing that her individualized issues "could make her very differently situated."
Expert Analysis
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch 鈥 supported by metrics and cost analyses 鈥 may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court鈥檚 recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends 鈥 from changes in the C-suite to lateral move challenges 鈥 providing clues for what鈥檚 to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen聽at聽Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥 but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Opinion
Congress Should Expand Investment Options For 403(b)s
Lawmakers should pass pending legislation to give 403(b) plan participants access to collective investment trusts, leveling the playing field for public sector retirement investors by giving them an investment option their private sector counterparts have had for decades, says Jason Levy at Great Gray Trust Company.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case 鈥 a law banning gender-affirming healthcare for transgender adolescents 鈥 will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave 鈥 and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Rethinking Clawback Policies For 2025 Compensation Season
The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.