Benefits

  • July 11, 2024

    Biden Taps Cohen Weiss Atty As PBGC Director

    President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.

  • July 11, 2024

    Trans Worker Seeks Facial Hair Removal In ERISA Suit

    A transgender woman said her employer's health benefit plan administered by UnitedHealthcare refused to cover facial hair removal as part of her gender-affirming care in violation of the Employee Retirement Income Security Act, according to a complaint filed in Washington federal court.

  • July 11, 2024

    DOL Wants ERISA Investment Advice Regs Kept Afloat

    The U.S. Department of Labor is urging a Texas federal court to reject a bid from insurance industry groups to block its new regulations that broaden who qualifies as a fiduciary under federal benefits law, saying the groups are "grasping for a reason" to evade the law.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    3rd Circ. Backs Toss Of $427K Arbitration Liability Award

    The Third Circuit upheld a lower court's nix of an arbitration award of more than $427,000 against a painting company over a union pension fund's withdrawal liability claims, determining Thursday that the fund waited too long to request payment under federal benefits law.

  • July 10, 2024

    Rite Aid, DOJ Craft $410M Settlement Of Opioid Sale Claims

    Rite Aid agreed to a nearly $410 million settlement with the U.S. Department of Justice, the bulk of which will be an unsecured claim in the company's Chapter 11 case, that will put to bed allegations the pharmacy chain dispensed opioids illegally, the DOJ announced Wednesday.

  • July 10, 2024

    Drug Pricing, Overreach Dominate IP Disclaimer Feedback

    The U.S. Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.

  • July 10, 2024

    Ex-CEO Of Mogul-Tied Co. Fired For Failures, Fraud Suit Says

    A European IT company tied to convicted mogul Greg Lindberg struck back against a lawsuit by its former CEO who alleges he was fired abruptly, accusing the former executive of shirking his leadership duties in a counterclaim.

  • July 10, 2024

    Utility Locating Co.'s Ex-CEO Sues For Severance After Firing

    The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.

  • July 10, 2024

    AdaptHealth Investor Attys Get 25% Of $51M Deal, With Caveat

    A Pennsylvania federal judge on Wednesday granted final approval to a $51 million settlement between AdaptHealth and investors over allegations tied to its merger with a blank check company, but the plaintiffs' counsel must wait for certain shares to be sold before they can collect their $12.8 million fee.

  • July 10, 2024

    Buyers Say Teva Had Multipart Scheme To Delay Inhaler Rivals

    Employee benefit funds accusing Teva of orchestrating a decadelong scheme to delay generic competition for its QVAR asthma inhalers told a Massachusetts federal court the drugmaker is trying to end the case by addressing merely one aspect of a multipart scheme.

  • July 10, 2024

    UMB Fired VP After Denying Further Cancer Leave, Suit Says

    UMB Financial Corp. fired an executive for requesting more time to recover from chemotherapy treatments, according to a suit filed in Colorado federal court, after she was made to work 12-hour days in preparation for her leave to complete the work she would miss while she was out.

  • July 10, 2024

    X Corp., Musk Dodge $500M Severance Suit

    X Corp. and Elon Musk can escape claims they owe former employees $500 million in severance following the business mogul's purchase of the social platform formerly known as Twitter, a California federal judge ruled, saying the facts don't show that federal benefits law governed the payments workers received.

  • July 10, 2024

    2nd Circ. Won't Rethink Arbitration Denial In ERISA Suit

    The Second Circuit declined to reconsider its May ruling that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, rejecting one company's argument that the panel unfairly displayed "hostility to arbitration."

  • July 10, 2024

    House Panel Votes To Nix Biden's Retirement Advice Rule

    A Republican-controlled panel of U.S. House lawmakers advanced legislation Wednesday to block recently finalized regulations from the U.S. Department of Labor that expand the definition of a fiduciary under the Employee Retirement Income Security Act, after a brief debate on retirement policy that clearly split along party lines.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    Healthcare Cases To Watch: A 2024 Midyear Report

    Courts across the U.S. this year will oversee key cases to the healthcare industry, from multidistrict litigation over the Change Healthcare hack to a challenge of a state gender-affirming care ban at the Supreme Court. Here are the healthcare cases to watch in the second half of 2024.

  • July 09, 2024

    Miracle-Gro Scores Early Win In Benefits Cutoff Suit

    Scotts Miracle-Gro notched an early win in a former worker's lawsuit alleging she was forced out when her health benefits were cut after she asked to work remotely following a bout of COVID-19, with a Georgia federal judge ruling Tuesday her position necessitated in-person attendance.

  • July 09, 2024

    Aetna Beats Blue Cross In NC Health Plan Contract Battle

    An administrative judge affirmed North Carolina's switch of its employee and retiree health plan to Aetna, reasoning Blue Cross Blue Shield failed to prove state officials made errors favoring the competitor when evaluating bids.

  • July 09, 2024

    3rd Circ. Questions DuPont Family Trust's ERISA Status

    In a hearing Tuesday about a dispute between the DuPont family and its domestic workers over trust money, Third Circuit judges quizzed both sides on the level of involvement needed from trustees or the family for the fund to be considered a plan covered by the Employee Retirement Income Security Act.

  • July 09, 2024

    NFL Says Ex-Pro's Benefits Row Belongs At Bargaining Table

    The National Football League has pushed back against a Fifth Circuit appeal by a former player whose benefits suit was tossed, arguing his issue is not with the plan's board but the plan's design, which can only be resolved through bargaining, not in court.

  • July 09, 2024

    Tampa Atty Accused Of Fraud In Long-Running House Dispute

    A Tampa-area estate lawyer has been accused of fraud conspiracy in a state court lawsuit brought by a former tax attorney who alleges that her house was taken to collect fees stemming from a false guardianship case, saying a court order that revoked possession of the property violated the Florida Constitution.

  • July 09, 2024

    5th Circ. Skeptical Of Nixing ESG Rule Despite Chevron's End

    A Fifth Circuit panel appeared unlikely Tuesday to knock out a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, although one judge seemed to support vacating a lower court's decision upholding the regulation in light of the Chevron doctrine's demise.

  • July 08, 2024

    Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win

    A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.

  • July 08, 2024

    9th Circ. Denies Northrop Retirees' Bid For New Judge

    A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.

Expert Analysis

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • How HHS Discrimination Rule Affects Gender-Affirming Care

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    The U.S. Department of Health and Human Services' new final rule, which reinterprets the Affordable Care Act's anti-discrimination provision, greatly clarifies protections for gender-affirming care and will require compliance considerations from sponsors and administrators of most group health plans, say attorneys at McDermott.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Asset Manager Exemption Shifts May Prove Too Burdensome

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    The U.S. Department of Labor’s recent change to a prohibited transaction exemption used by retirement plan asset managers introduces a host of new costs, burdens and risks to investment firms, from registration requirements to new transition periods, say attorneys at Simpson Thacher.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • How FTC's Noncompete Rule May Affect Exec Comp Packages

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    In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

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