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Benefits

  • April 18, 2025

    PBMs Press 8th Circ. Bid To Pause FTC Case

    The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.

  • April 18, 2025

    Buchanan Ingersoll Faces DQ Bid Over Former GC's Role

    Buchanan Ingersoll & Rooney PC attorneys defending Amerilife should be disqualified for allegedly running "roughshod" over ethical rules by using a former general counsel of a retirement planning agency to gain an upper hand in a dispute in a Florida federal court, according to a bid to boot the firm from the case.

  • April 18, 2025

    Mass General Inks $8.25M Deal To End Retirement Fee Suit

    Boston-based healthcare system Mass General Brigham Inc. agreed to pay $8.25 million to settle a proposed class action alleging it unlawfully allowed its employee retirement plan to pay excessive administrative fees, according to a filing in Massachusetts federal court.

  • April 17, 2025

    Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'

    A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."

  • April 17, 2025

    Arkansas Bans PBMs From Owning Pharmacies

    Pharmacy benefit managers operating in Arkansas will soon be prohibited from owning pharmacies in the state after Gov. Sarah Huckabee Sanders signed a bill that lawmakers say is meant to minimize conflicts of interest and safeguard patients.

  • April 17, 2025

    Carlton Fields Adds Eversheds Retirement Atty To DC Team

    Carlton Fields has hired a longtime Eversheds Sutherland financial services partner, according to an announcement Wednesday, who is bringing a practice focused on ensuring clients comply with retirement plan laws and their fiduciary duties.

  • April 17, 2025

    Akerman Sues To Block Malpractice Claim, Secure $750K Fees

    Akerman LLP sued the healthcare services company Rennova Health Inc. and three medical laboratories in Florida state court this week, alleging that they owe the firm about $750,000 in unpaid fees and are now threatening to sue the firm for malpractice even though they have already released any claims.

  • April 17, 2025

    Justices Revive Cornell Workers' ERISA Fee Suit

    The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.

  • April 16, 2025

    Southwest Moves Union's Sick Leave Fight To Federal Court

    Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.

  • April 16, 2025

    Computer Equipment Co. Wants Suit Over Sales Decline Axed

    Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.

  • April 16, 2025

    Koch, Chicken Buyers Spar Over $75M Deal Challenge

    Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.

  • April 16, 2025

    Workers Hit Fast-Food Co. With Nicotine Fee Suit

    The parent company of popular fast-food chains Arby's, Sonic and Dunkin' has been hit with a proposed class action from workers alleging that the company's fee on the health plans of employees who self-disclosed using nicotine violated federal benefits law.

  • April 16, 2025

    IRS Owes Worker A Refund On 401(k) Loan, Suit Says

    The IRS is refusing to send money back to a worker who said a paid-off 401(k) loan was mistakenly counted as income in his tax return, according to a suit filed in Missouri federal court.

  • April 16, 2025

    Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK

    A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.

  • April 16, 2025

    UnitedHealthcare Owes $1M Medicare Shortfall, Hospital Says

    UnitedHealthcare owes Connecticut's Danbury Hospital more than $1 million after bungling local Medicare Advantage cost calculations and refusing to correct its payment errors after the hospital provided notice of the problem, the healthcare facility alleged in a state court lawsuit.

  • April 15, 2025

    Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says

    A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.

  • April 15, 2025

    Food Service Co. Can't Escape Tobacco Surcharge Suit

    A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.

  • April 15, 2025

    39 AGs Urge Congress To Ban PBM Pharmacy Ownership

    A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.

  • April 15, 2025

    UBH Can't Nix Class Status In Coverage Guidelines Suit

    United Behavioral Health can't unwind class certification in a lawsuit claiming it unlawfully imposed overly restrictive guidelines for coverage of residential mental health treatments, a California federal judge ruled, saying the group's parameters could be adjusted to meet a recent Ninth Circuit standard.

  • April 15, 2025

    Anthem Strikes Deal To End Mental Health Class Action

    Anthem agreed to settle a class action from participants in employee health plans the insurer administered who alleged that coverage denials for inpatient mental health and substance use disorder treatments violated federal benefits and metal health parity laws, the parties told a New York federal court Tuesday.

  • April 15, 2025

    Research Co. Inks $7.15M Deal To End Stock Plan Suit

    A genomic research company agreed to pay $7.15 million to resolve a suit claiming it shorted former workers enrolled in an employee stock ownership plan when it required them to sell their shares back to the company, according to filings in Massachusetts federal court.

  • April 14, 2025

    Giant Eagle Agrees To Settle Ex-Worker's ERISA Suit

    Grocery store chain Giant Eagle Inc. has reached a settlement with a former employee resolving a proposed Employee Retirement Income Security Act class action accusing the company of wasting millions of dollars of retirement plan participants' funds, according to a notice filed Monday.

  • April 14, 2025

    Workers Want Countertop Co. Found Liable For Lapsed Benefits

    Participants in a countertop contractor's employee benefit plan urged a Georgia federal court Friday to grant them a partial win in their proposed class action alleging All Concepts LLC, its related home services company and two of its fiduciaries' failure to send premium payments to insurers meant the plans couldn't pay their benefits.

  • April 14, 2025

    Ark. PBM Regulation Violates ERISA, Teamsters Fund Says

    An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.

  • April 14, 2025

    Judge Threatens Penalties Over Late Report In Fla. Fee Suit

    A Florida federal judge threatened parties in a federal proposed class action over excessive fees charged to maintain retirement savings plans, warning there will be sanctions if they do not respond to an order to show why they failed to timely file a case management report.

Expert Analysis

  • 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.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2 Rulings Show How Courts Assess Health Benefit Denials

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    Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.

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