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Benefits

  • July 14, 2025

    Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win

    A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.

  • July 14, 2025

    Fla. Says High Court Rulings Back Trans Care Medicaid Ban

    Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.

  • July 14, 2025

    Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated

    A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.

  • July 14, 2025

    Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact

    The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.

  • July 14, 2025

    Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says

    A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.

  • July 11, 2025

    VA Watchdog Says Burn Pit Claims Denials Still Had Errors

    The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says

    A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.

  • July 11, 2025

    Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases

    Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.

  • July 11, 2025

    AT&T Can't Escape Suit Over Pension Plan's Mortality Data

    AT&T must face a proposed class action claiming it miscalculated married couples' pension benefits, a California federal judge ruled, saying workers leading the suit provided evidence that the telecommunications company's use of decades-old mortality data and interest rates was unreasonable.

  • July 11, 2025

    2 Firms Tapped To Lead Regeneron Investor Suit

    Labaton Keller Sucharow LLP and Motley Rice LLC have been named lead counsel in a proposed securities class action accusing Regeneron Pharmaceuticals Inc. and its executives of misleading investors about its revenue prospects for its vision loss drug and inflating reimbursements.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 10, 2025

    Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees

    The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.

  • July 10, 2025

    2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling

    The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.

  • July 10, 2025

    DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit

    The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.

  • July 10, 2025

    Stitch Fix Must Face Most Claims In Investor Action

    A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.

  • July 10, 2025

    Texas Judge Partially Voids DOL's ERISA Rollover Rule

    A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.

  • July 10, 2025

    5 Employee Benefits Takeaways On The GOP Tax Bill

    Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.

  • July 09, 2025

    Iowa Urges Judge Not To Block Law Regulating PBMs

    The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.

  • July 09, 2025

    10th Circ. Backs Insurance Co. In Disabled Worker's Fee Fight

    The Tenth Circuit declined to revive a disabled worker's suit claiming a life insurance company owed her attorney fees after she successfully challenged its decision to cancel her benefits, ruling that federal law doesn't allow her to sue for legal expenses if a benefit dispute doesn't go to court.

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    Holland & Knight Insurer's COVID Benefits Denial Upheld

    A Colorado federal judge on Wednesday handed an insurance company a win in a Holland & Knight LLP attorney's federal benefits lawsuit alleging she was wrongly denied long-term disability benefits after a COVID-19 infection left her unable to work, concluding substantial evidence supported the insurer's decision.

  • July 09, 2025

    Wilson Sonsini Adds Cooley Benefits Atty In San Diego

    Wilson Sonsini Goodrich & Rosati PC is expanding its corporate team, announcing Tuesday it is bringing in a Cooley LLP compensation and benefits expert as a partner in its San Diego office.

  • July 09, 2025

    FDA Gets Early Win In Blue States' Abortion Pill Suit

    A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.

  • July 08, 2025

    Insurer Fights ACA Loss, Citing Justices' Trans Care Ruling

    Premera Blue Cross urged a Washington federal court to rethink an early win it granted against the insurer over its coverage policy for gender dysphoria surgery, arguing the U.S. Supreme Court's recent decision in U.S. v. Skrmetti is dispositive of a sex discrimination claim in the case.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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