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Benefits

  • May 19, 2025

    Wells Fargo's 9th Circ. Cert. Challenge Gains SIFMA Backing

    A top securities industry group has voiced its support of Wells Fargo's appeal of class certification in an investor dispute alleging the bank conducted "sham" interviews to meet diversity quotas, which harmed the bank's stock price when the truth came to light.

  • May 19, 2025

    Electric, Nuclear Valve Co. Escape Pension Dispute

    A federally owned electric company and a contractor were not required to make pension fund contributions to a plumbers and steamfitters union because the contracted valve work was an exempt specialty contract, a Tennessee federal judge ruled in a lawsuit Monday.

  • May 19, 2025

    Conn. Con Man Admits To New $1.9M Medicaid Scam

    A Connecticut man has admitted to a federal charge in connection with a Medicaid scam he ran with a now-former state employee that netted nearly $1.9 million, federal prosecutors said, noting that some of the criminal activity took place while he was in prison for a different healthcare ripoff.

  • May 19, 2025

    9th Circ. Backs Family's Win In Suit Over Denied Benefits

    The Ninth Circuit declined to upend a guild member's win in his lawsuit challenging his healthcare plan's decision to deny coverage for his son's mental health treatments, but said a lower court was wrong to award the family additional damages on their breach of fiduciary duty claim.

  • May 19, 2025

    Coast Guard Told To Revisit Forced Retirees' Service Dates

    The U.S. Coast Guard can't retroactively apply a policy to speculate that a class of 200-plus service members who were involuntarily retired through an unlawful process would have been involuntarily retired anyway, a Court of Federal Claims judge said Friday.

  • May 19, 2025

    Atty Says Texas Firm Fired Her For Taking Protected Leave

    A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.

  • May 19, 2025

    X Failed To Pay Promised Severance, Ex-Workers Say

    X, the company formerly known as Twitter, illegally reneged on its promise to keep in place its policy to provide certain severance payments to terminated employees after Elon Musk took over the social media company, a lawsuit filed in Washington federal court said.

  • May 19, 2025

    Ex-Litigator Settles Disability Bias Suit Against Wilson Elser

    A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.

  • May 16, 2025

    Firms Eye Setoff Shielding $66M Conn. Life Insurance Policies

    Three investment companies holding PHL Variable Insurance Co. policies asked a Connecticut state court judge on Friday to allow them to set off in-force life insurance policy premiums against their $66 million in matured policies, fearing they could receive only a fraction of their investments while the state supervises the struggling insurer.

  • May 16, 2025

    SEC's Atkins Previews Possible Changes To CEO Pay Rules

    U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.

  • May 16, 2025

    HHS Says Pain Clinic's Delay Hurts $11M Bill Challenge

    The U.S. Department of Health and Human Services on Friday fought a pain clinic's bid in North Carolina federal court for a pretrial win in the clinic's suit challenging $11 million in overpayments for urine drug screening tests, saying the clinic waited too long to bring evidence that the testing was justified.

  • May 16, 2025

    Mich. Judge Gives Final OK To $55M Pandemic Aid Deal

    A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.

  • May 16, 2025

    Intuit Strikes $2M Deal To Wrap Up 401(k) Forfeiture Suit

    Intuit will pay $2 million to end a proposed class action alleging its use of forfeited 401(k) funds to cover employer contributions rather than plan expenses violated federal benefits law, the former employee leading the suit said Friday in California federal court.

  • May 16, 2025

    9th Circ. Upholds California's Employee Classification Test

    California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.

  • May 16, 2025

    Stris & Maher Taps DOL Appellate Chief For ERISA Litigation

    Trial and appellate litigation boutique Stris & Maher LLP has expanded its Employee Retirement Income Security Act litigation practice with the addition of a veteran U.S. Department of Labor attorney.

  • May 16, 2025

    Trucking Co. Worker Says Tobacco Surcharge Violates ERISA

    An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.

  • May 15, 2025

    Lennar Workers Should Arbitrate 401(k) Suit, Judge Says

    Current and former Lennar Corp. employees should have to individually arbitrate a proposed class action claiming the construction company loaded its 401(k) plan with excessive fees and lackluster investment options, a Florida federal magistrate judge recommended, finding the plan's arbitration provision doesn't conflict with federal benefits law.

  • May 15, 2025

    Feds Freeze Parity Enforcement As Agencies Rethink Regs

    Federal agencies said Thursday they will hold off on enforcing a rule requiring employer group health plans to analyze how they restrict coverage for mental health and substance use disorder treatments, citing ongoing litigation aimed at blocking the policy and broader plans to reevaluate enforcement priorities.

  • May 15, 2025

    Flooring Company Miscalculates Overtime, Ex-Manager Says

    A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills

    A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.

  • May 14, 2025

    Holding Co. Beats Suit Over 401(k) Investment Roster

    A Berkshire Hathaway-owned industrial holding company doesn't have to face a proposed class action claiming it filled its 401(k) plan with underperforming proprietary target date funds, with an Illinois federal judge faulting plan participants' efforts to compare those funds with other potential investments.

  • May 14, 2025

    Judge Orders Boeing To Share Disclosures, Allow Depositions

    A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.

  • May 14, 2025

    Starbucks, Ex-VP Settle $830K Bonus Repayment Suit

    Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.

Expert Analysis

  • Series

    After Chevron: Challenges Loom For PBGC Actions

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    After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • A Guide To Long-Term, Part-Time Employee Determinations

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    With final regulations under the Secure Act requiring 401(k) retirement benefits for long-term, part-time employees expected soon, Amy Sheridan and David Guadagnoli at Sullivan & Worcester look at how the proposed rules would shift the risk-reward calculus on excluding categories of employees, and what plan sponsors would need to consider when designing retirement plans.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • 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’s 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 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 — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — 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 “Ted Lasso” 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.

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