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The Fifth Circuit affirmed the tossing of a building materials company employee's lawsuit claiming he was improperly considered a beneficiary of a different retirement plan than he thought he was enrolled in, agreeing with a lower court that he was never eligible for that plan.
A split Ninth Circuit on Friday reversed a California district court's decision keeping alive claims Volkswagen duped a pension fund into buying overpriced bonds by not mentioning its emissions-cheating scandal in offering documents, clarifying the narrow scope of a key reliance standard in securities fraud cases.
A massive class of patients for whom a UnitedHealth Group Inc. unit refused to cover mental health or addiction treatment has asked the Ninth Circuit to uphold its monumental win against the company, which required the insurer to rewrite its coverage guidelines and reprocess 67,000 insurance claims.
Benefits litigators have no shortage of cases to watch in 2021's second half, as courts consider high-profile questions such as when a retirement plan's investments are adequately diversified, how suits over plan fees can clear dismissal bids, and whether plans can make workers arbitrate claims of plan mismanagement.
Holland & Knight LLP's Chelsea Ashbrook McCarthy has built a track record of defending companies against claims they've mismanaged their employee stock ownership plans, landing her a spot among the benefits law practitioners under 40 honored by Law360 as Rising Stars.
Uber has agreed to dole out roughly $3.45 million to settle allegations the ride-hailing company violated a Seattle law passed last year that temporarily provides gig workers paid sick and other time off during the pandemic, Seattle's Office of Labor Standards said Thursday.
Federal employees could face diminished retirement investment plan returns if a watchdog agency doesn't begin assessing the potential risks posed by the financial impacts of climate change, the U.S. Government Accountability Office said Thursday.
A Florida federal judge said a Biden administration program providing farm loan debt relief to certain racial minority groups seems to improperly rely "on present discrimination to remedy past discrimination" in the government's farm loan program.
Endo International PLC sought to squash investors' claims it had artificially inflated its stock prices by hiking its generic drug prices in tandem with competitors, telling a Pennsylvania federal judge that none of the statements the plaintiffs pointed to were false, misleading or actionable.
Robbins Geller Rudman & Dowd LLP has hired a team of legal titans, including David Boies and SCOTUSblog founder Thomas Goldstein, to appeal a ruling that it committed "fraud" on a Manhattan federal court by failing to disclose short positions held by the lead plaintiff in securities litigation stemming from the FIFA corruption scandal.
CBS Corp. and former CEO Les Moonves told a New York federal judge Wednesday that the U.S. Supreme Court's recent decision to vacate certification for a class of Goldman Sachs investors supports their own bid to stop a suit over sexual misconduct allegations from proceeding as a class action.
A New York federal judge pushed back to the final quarter of the year a trial over claims that King & Spalding LLP fired an attorney for raising ethical concerns, asking the parties to say whether their trial attorneys and proposed witnesses have been vaccinated against COVID-19.
Transamerica Corp. told an Iowa federal judge Wednesday that it has inked a $5.4 million deal to settle an ERISA class action in which roughly 24,500 current and former workers accused it of stuffing its 401(k) plan with underperforming proprietary investments.
A New Jersey federal judge on Wednesday said a former Mallinckrodt sales representative failed to back up her sanctions bid against a union benefit fund for pursuing what she said were frivolous class claims that she took part in a purported scheme to jack up the price of the company's anti-seizure drug Acthar.
Two Uber drivers leading a proposed class action over worker classification fought Wednesday against the ride-share company's bid to force each driver into individual arbitration, citing a 2019 U.S. Supreme Court decision that said transportation workers engaged in interstate commerce are exempt from the Federal Arbitration Act.
A group of about 3,300 retirement plan participants struck a deal with U.S. Bank to tie up an Employee Retirement Income Security Act lawsuit claiming early retirees had their pension benefits unfairly pared down, according to a Wednesday court filing.
A Georgia federal judge has said a health insurance company can't mask itself as a religious organization to avoid or force arbitration of a proposed class action brought by insureds who say they were charged exorbitant fees and denied promised coverage.
The U.S. Supreme Court's Monday decision in U.S. v. Arthrex Inc. stripping administrative patent judges of final decision-making authority is a bombshell for the intellectual property world, but experts say it also blunts Congress' efforts to keep politics out of agency adjudications.
The Fourth Circuit revived litigation Tuesday accusing Aetna and OptumHealth of tricking patients into paying administrative fees disguised as medical expenses, resuscitating several ERISA allegations and handing the woman who sued another chance to turn the case into a class action.
An employee stock ownership plan trustee accused by the U.S. Department of Labor of allowing a gas company to buy back its shares too cheaply can't avoid the DOL's suit, a federal judge said, ruling that the department's allegations weren't time-barred.
Vaccination incentive initiatives and grant programs dominated COVID-19 recovery progress this past week, leading to billions of dollars in measures seeking to ease the impact of the waning pandemic.
DuPont can't escape a proposed class action that claims it misled workers about when they qualified for retirement benefits after a Delaware federal judge ruled Tuesday that the retiree who brought the suit made a good case for why the company's actions violated ERISA.
The U.S. Department of Labor's benefits unit is asking employers and insurers how they might be affected by a new requirement to disclose prescription drug costs, teaming up with other agencies to request the information Monday as the Biden administration mulls how to implement a Trump-era policy change.
A Tennessee federal court gave a former Nissan vice president the green light to sue the car manufacturer and its retirement plan for denying him a six-figure benefits payout, rejecting Nissan's argument that the case should be tossed because the ex-exec never filed a written claim.
A former Univar Solutions executive pursuing severance pay is fighting the revival of the chemical company's counterclaim that he owed it notice he was looking for another job, cautioning a Texas federal judge against setting a precedent that workers have a legal duty to disclose job searches.
Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.
In a broad win for class action defendants, the U.S. Supreme Court’s ruling Monday in Goldman Sachs v. Arkansas Teacher Retirement System could serve as a mandate to courts to consider all relevant evidence at the class certification stage, even if the same evidence is also relevant to a merits question, say attorneys at Skadden.
As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.
Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.
Opinion
In Goldman Sachs v. Arkansas Teacher Retirement System, the U.S. Supreme Court should reject Goldman's argument that its commitments to act with integrity were immaterial, and recognize the increasing weight of environmental, social and governance issues in investors' decision making, say attorneys at Motley Rice.
Opinion
The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.
Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.
A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.
Richard Nowak and Alexander Vitruk at Mayer Brown discuss how recent federal court rulings have shaped Employee Retirement Income Security Act claims based on cybersecurity issues, and what plan sponsors, administrators and participants should know about the U.S. Department of Labor’s recent guidance on digital security for employee retirement plans.
In the year since the U.S Supreme Court's ruling in Bostock v. Clayton County — extending Title VII protections to LGBTQ employees — emerging case law shows companies how to create inclusive employment policies and avoid liability under federal and state anti-bias laws, say Emma Sullivan and Connor Rubin at Jenner & Block.
Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.
As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.
USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.
Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.
The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.
