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Benefits

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • June 18, 2025

    High Court Concurrences Signal Hard Battle For Trans Rights

    U.S. Supreme Court Justice Amy Coney Barrett joined the court's two most conservative members Wednesday to suggest laws that differentiate based on transgender status should be subject to the lowest level of judicial review, providing guidance to lower courts that will likely make it harder for litigants to vindicate trans rights.

  • June 18, 2025

    NY High Court Lifts Block On NYC Shifting Retiree Healthcare

    New York's highest court lifted an injunction Wednesday that had blocked New York City from switching retired city employees' health insurance provider, ruling that the city never promised its retirees that it would keep them on a Medicare supplemental plan.

  • June 18, 2025

    Union Urges Del. Justices To Refloat BofA Benefit Card Suit

    Delaware's chief justice pressed an attorney for Bank of America stockholders Wednesday to "drill down to the bad faith" during an appeal for revival of a Chancery Court suit accusing the company of intentionally prioritizing profits over compliance in managing unemployment benefit cards during the COVID-19 pandemic.

  • June 18, 2025

    Senate Panel Sets Vote On Trump Nominees For EEOC, DOL

    A Senate panel announced on Wednesday a June 26 vote that will affect who will chair the U.S. Equal Employment Opportunity Commission and the Trump administration's picks to lead the U.S. Department of Labor's Wage and Hour Division and employee benefits arm.

  • June 18, 2025

    Mushroom Farm Faces $6M Tax Liens Tied To Fraud Case

    A defunct Pennsylvania mushroom farm failed to pay the outstanding balance in a payroll tax fraud case that sent its owner to jail last year and owes more than $6 million worth of tax liens, the U.S. Department of Justice told a federal court.

  • June 18, 2025

    NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec

    A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.

  • June 18, 2025

    NLRB Asks 3rd Circ. To Hold Post-Gazette In Contempt

    The Pittsburgh Post-Gazette hasn't restored the health insurance it offered its union-represented staff before switching their insurance provider without the union's consent, even though the Third Circuit ordered it to do so, National Labor Relations Board prosecutors told the appellate court, asking it to hold the newspaper in contempt.

  • June 18, 2025

    InnovAge IPO Investors Get Initial OK Of $27M Settlement

    A Colorado federal judge has preliminarily approved a $27 million settlement between InnovAge Holding Corp., its underwriters and a class of stockholders accusing the senior-health care company of making misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.

  • June 18, 2025

    Law Firm Inks $21K Deal To End Paralegal's OT Suit

    A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.

  • June 18, 2025

    Nixon Peabody Adds 25-Year Kilpatrick Employment Atty

    Nixon Peabody LLP has hired a former Kilpatrick Townsend & Stockton LLP attorney, who has spent some 25 years at his prior firm representing clients on employee benefits compliance and other employee compensation and corporate matters, the firm recently announced.

  • June 18, 2025

    Supreme Court Upholds Tennessee Transgender Care Ban

    The U.S. Supreme Court on Wednesday upheld a Tennessee ban on gender-affirming medical care for minors, finding that the state law does not violate the equal protection clause.

  • June 17, 2025

    5 Court Battles Hinging On High Court's Trans Care Ruling

    An imminent U.S. Supreme Court decision regarding Tennessee's ban on gender transition care for minors is poised to have a sweeping impact as courts across the country weigh similar state and federal restrictions.

  • June 17, 2025

    HHS Says Trump Orders Merit Ending Trans Health Rule Case

    The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."

  • June 17, 2025

    GOP Lawmaker Praises DOL IG's Law Firm Agreements Audit

    The chair of the Republican-led U.S. House Committee on Education and the Workforce on Tuesday praised a U.S. Department of Labor watchdog for investigating the agency over allegations it shared confidential information with plaintiffs attorneys, which comes after the panel called for an investigation in November.

  • June 17, 2025

    AT&T Beats Investor Suit Over Lead-Lined Cables, For Now

    A Texas federal judge has tossed a securities class action against AT&T and several of its executives alleging they misled investors about removing lead-covered copper cables from the company's network, finding that the plaintiffs have failed to meet the heightened pleading bar for securities fraud.

  • June 17, 2025

    General Motors Says Precedent 'Eviscerates' EEOC Bias Suit

    General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.

  • June 17, 2025

    9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk

    The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.

  • June 17, 2025

    Packaging Co. Ex-Worker's Genetic Privacy Suit Dropped

    A former employee claiming a food packaging company unlawfully asked her and other prospective workers about their family medical history have agreed to drop a lawsuit alleging her ex-employer violated Illinois' privacy law, according to a joint filing in Illinois federal court.

  • June 17, 2025

    UMB Says It Granted Ex-VP's Request For More Cancer Leave

    UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.

  • June 17, 2025

    1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA

    A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.

Expert Analysis

  • Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap

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    If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Partially Faulting Airline For 401(k) ESG Focus Belies ERISA

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    A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Opinion

    Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Disability Ruling Guides On Cases With Uncertain Causation

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    In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.

  • Tax-Free Ways To Help Employees After The LA Wildfires

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    Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.

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