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Benefits

  • May 05, 2025

    Veterans Look To Bar Firm's Contacts With Potential Class

    Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.

  • May 05, 2025

    Retirement Co. Settles 401(k) Fee Suit After $38.8M Verdict

    A retirement services company agreed to resolve a class action claiming it loaded a multiemployer 401(k) plan with exorbitant administrative fees, according to a New York federal court filing, less than two weeks after a jury said the company should pay the 27,000-member class $38.8 million.

  • May 05, 2025

    Hotel Management Co. Exits Pension Fund Withdrawal Battle

    A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.

  • May 02, 2025

    Texas-Led AGs Defend BlackRock Coal Investments Suit

    A coalition of Republican states led by Texas are arguing that BlackRock Inc.'s public commitments to reducing its carbon footprint are evidence that it and two other leading asset managers teamed up to suppress the production of coal in the United States, asking a federal judge not to dismiss their case against the firms.

  • May 02, 2025

    Civil Rights Groups Told They Can't Block Trump's DEI Orders

    A D.C. federal judge declined Friday to block executive orders from President Donald Trump canceling funding for diversity, equity and inclusion programs and contracts, ruling the orders haven't infringed on the missions of the three civil rights groups behind the suit beyond federally funded projects.

  • May 02, 2025

    United Airlines Beats Retirees' ERISA Suit, For Now

    A federal judge in Chicago has freed United Airlines from a consolidated proposed class action retired employees filed accusing the company of locking them out of a generous retirement package, saying a company policy the retirees leaned on wasn't governed by the Employee Retirement Income Security Act.

  • May 02, 2025

    Ex-Twitter Execs, Co. Fight Over Musk's Texts Severance Row

    Elon Musk, his social media platform X and four former company executives claiming they are owed $200 million in severance told a California federal judge that they disagreed on how the billionaire's phone should be searched for discovery purposes.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case,聽a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    X Reneged On Severance Promises, Laid-Off Mass. Workers Say

    Six former Twitter employees in Massachusetts who were laid off after Elon Musk purchased and downsized the social networking giant say the company, now called X Corp., broke its promises to pay out severance in line with what was offered before Musk's takeover.

  • May 02, 2025

    3 Argument Sessions Benefits Attys Should Watch In May

    The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer鈥檚 stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here鈥檚 three arguments to keep an eye on in May.

  • May 02, 2025

    Cos. Seek Court Input On $1.2M Payout After Worker's Murder

    A Connecticut-based software services company聽and its employee benefits providers have asked a federal court to determine who should receive $1.2 million in payouts under plans issued to a systems analyst who was murdered by her husband, the beneficiary.

  • May 02, 2025

    Ex-Litigator, Wilson Elser Plan To Drop Bias Suit

    An ex-Wilson Elser Moskowitz Edelman & Dicker LLP litigator who sued the firm for allegedly firing him over his disabilities appears to have settled with his former colleagues, with both parties telling a New York federal judge on Friday they plan to dismiss the case.

  • May 02, 2025

    Ariz. Utility Co., Retirees To Settle Mortality Data Suit

    An electric utility holding company agreed to resolve a proposed class action claiming its use of outdated mortality data shorted retirees who opted to receive pension benefits with their spouses, according to a filing in Arizona federal court.

  • May 01, 2025

    Aetna And Humana Accused Of Medicare Kickbacks And Bias

    The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.

  • May 01, 2025

    HHS Report Finds 'Serious Concerns' On Trans Care For Youth

    The U.S. Department of Health and Human Services on Thursday released a report it says raises "serious concerns" about medical interventions used to aid young people in gender transition.

  • May 01, 2025

    Generator Co. Wants Plug Pulled On COVID-Era Investor Suit

    Power generator maker Generac Holdings Inc. asked a Wisconsin federal judge to permanently toss an investor suit over the company's alleged failure to keep up with a surge in business during the COVID-19 pandemic, arguing the proposed class repeats arguments about Generac's sales disclosures that were previously dismissed.

  • May 01, 2025

    PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

    Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.

  • May 01, 2025

    Ex-Conn. State Employee Cops To $1.8M Medicaid Scam Role

    A former Connecticut government employee admitted to playing a part in a $1.8 million scheme to defraud the Constitution State's Medicaid program by fraudulently billing services for children with autism that her company never provided, acting U.S. Attorney Marc H. Silverman has announced.

  • May 01, 2025

    401(k) Forfeiture Suit Not Backed By ERISA, Judge Says

    An Arizona federal judge nixed a proposed class action from workers who claimed a trucking company illegally used abandoned cash in its retirement fund to pay down its own contributions rather than covering plan fees, saying the workers' "novel theory" wasn't in line with federal benefits law.

  • May 01, 2025

    5th Circ. Keeps NFL Pension Plan's Atty Fee Appeal Afloat

    The NFL retirement plan's appeal of a $1.86 million award of attorney fees and expenses to a former player fighting for additional disability benefits will go forward, after a panel of the Fifth Circuit rejected his bid to stop it.

  • April 30, 2025

    Ga. Panel Backs Benefits For Worker Over COVID Safety

    The Georgia Court of Appeals has backed a former salesperson in a long-running fight with the state's Department of Labor over its refusal to pay her unemployment benefits when she quit her job over her company's refusal to follow public health protocols during the pandemic.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Intuit Strikes Deal To Resolve 401(k) Forfeiture Lawsuit

    Intuit has agreed to settle a proposed class action claiming it violated federal benefits law when it used forfeited 401(k) funds to cover its employer contributions to the plan rather than reduce the retirement plan's expenses, according to a filing in California federal court.

  • April 30, 2025

    Mich. AG Says Express Scripts, Prime Fix Pharmacy Rates

    Michigan Attorney General Dana Nessel took aim at pharmacy benefit managers Express Scripts and Prime Therapeutics this week in a lawsuit accusing them of a price-fixing deal the state said has crippled pharmacies.

  • April 30, 2025

    Marine Reservist Says Retaliation Suit Should Go To Trial

    A U.S. Marine Corps reservist urged a Texas federal court to keep in play his lawsuit alleging a professional services company fired him after two months because he took time off to attend training, saying the firm's reasoning that he was let go for poor performance is bogus.

Expert Analysis

  • Why Calif. Courts Are Split On ERISA Forfeited Contributions

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    A split between two California federal courts, in deciding whether an employer鈥檚 use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at聽Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step 鈥 framing the governing standard at the outset, and clarifying why they meet that standard 鈥 which has benefits for both the drafter and reader, says Luke Andrews聽at聽Poole Huffman.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I鈥檓 not working as an appellate lawyer, I spend my spare time building guitars 鈥 a craft known as luthiery 鈥 which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series 鈥淭ed Lasso鈥 aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • American Airlines ESG Ruling Could Alter ERISA Landscape

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    The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at聽Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Accidental Death Ruling Shows ERISA Review Standard's Pull

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    The Eleventh Circuit鈥檚 recent accidental death insurance ruling in Goldfarb v. Reliance Standard Life Insurance illustrates how an arbitrary and capricious standard of review in Employee Retirement Income Security Act denial-of-benefits cases creates a steep uphill battle for benefit claimants, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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