Benefits

  • June 13, 2024

    Tesla Shareholders Approve Musk's Compensation Package

    Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.

  • June 13, 2024

    Retirement Sponsor Strikes Deal To End 401(k) Fee Suit

    A professional employer organization that offered a $1.5 billion 401(k) plan to credit unions reached a deal to end former plan participants' proposed class action accusing it of saddling them with lofty fees, a Thursday filing in Wisconsin federal court said.

  • June 13, 2024

    Perdue Wants Copycat Wage Suit Tossed or Transferred

    Perdue Foods asked a Maryland federal judge Thursday to throw out or transfer to Georgia a chicken grower's suit alleging independent contractor misclassification, saying the claims are identical to another suit in that state the named plaintiff was involved with.

  • June 13, 2024

    Media Co. Strikes Deal In Suit Alleging Pricey 401(k) Funds

    A media company has agreed to settle a class action alleging it failed to trim costly investment funds from its workers' $540 million 401(k) retirement plan serving 12,000 members, costing them millions in savings, according to a filing in New York federal court.

  • June 12, 2024

    Ex-Rehab Biz Manager Gets Prison For Theft From Resident

    The former business manager of a Connecticut rehabilitation center will serve at least nine months in prison for stealing money from an elderly resident's bank account, state prosecutors said.

  • June 12, 2024

    Wells Fargo Accused Of Mismanaging Forfeited 401(k) Funds

    A former Wells Fargo employee hit the San Francisco-based bank with a proposed class action in California federal court Tuesday, alleging Wells Fargo and its fiduciaries violated the Employee Retirement Income Security Act by using forfeited retirement funds to reduce its own contributions to other workers' 401(k)s.

  • June 12, 2024

    CalPERS Opposes $5B Atty Fee In Musk Pay Fight

    The nation's largest public pension fund lined up Wednesday against a proposed $5 billion-plus fee for stockholder attorneys whose Delaware Court of Chancery suit blocked Tesla CEO Elon Musk's one-time $56 billion compensation plan, one day ahead of a Tesla shareholder vote to resurrect the pay deal.

  • June 12, 2024

    Lipitor Buyers Get Final OK For $93M Deal In Antitrust Fight

    A New Jersey federal judge gave final approval Wednesday to a $93 million settlement between a class of buyers of Lipitor and Pfizer, resolving their claims in sprawling antitrust litigation that Pfizer conspired with a drug manufacturer to delay the release of a cheaper generic version of Lipitor and monopolize the market.

  • June 12, 2024

    Worker Hits Lumber Co. With 401(k) Fee, Investment Suit

    A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.

  • June 12, 2024

    Okta, Investors Reach $60M Deal In Cyberattack Coverup Suit

    Okta Inc. investors have asked a California federal judge to give the first OK to a $60 million settlement reached in a suit alleging the software company misled the certified class about a 2022 cyberattack.

  • June 12, 2024

    32 AGs Urge Justices Take Up Okla. PBM Law Fight

    Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.

  • June 12, 2024

    Sen. Dems Seek Criminal Penalties For PE Hospital 'Looters'

    A pair of Democratic senators are targeting private equity's role in the healthcare industry, introducing new legislation Tuesday that would give federal and state enforcers new tools to go after firms they say are "looting" hospital systems and other providers, including possibly jailing executives if patient deaths result.

  • June 12, 2024

    Nelson Mullins Partner's Widow Must Arbitrate Pay Dispute

    The estate of a Nelson Mullins Riley & Scarborough LLP partner who died last year is bound by a partnership agreement that requires disputes to be resolved through arbitration, a Massachusetts judge said in dismissing a suit brought by the attorney's widow.

  • June 12, 2024

    Marketing Co. Can't Sink ADA Suit Over Wellness Program

    An Illinois federal judge refused to toss a proposed class action brought by marketing firm workers who allege a medical exam for the company's wellness plan violated disability bias law, saying their argument that the test wasn't genuinely voluntary was strong enough to stay in court.

  • June 12, 2024

    Shareholders To Settle Discovery-AT&T Merger Suit In Del.

    Former shareholders of Discovery Inc. who sued in Delaware's Court of Chancery over the media entertainment company's $43 billion merger with AT&T in 2022 have agreed to settle their class action and intend to finalize settlement documentation by July 5, the parties told the court late on Tuesday.

  • June 11, 2024

    Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule

    Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.

  • June 11, 2024

    Mattel Wants Out Of Suit Over Forfeited 401(k) Funds

    Mattel urged a California federal court to throw out a lawsuit a former employee launched alleging the company should have used former workers' forfeited 401(k) funds to cover plan expenses, saying its decision to use that money to satisfy its own contributions is in line with federal benefits law.

  • June 11, 2024

    Justices Urged To Review Fee Denial In DOL Stock Plan Case

    A construction design firm is urging the U.S. Supreme Court to take up its fight for attorney fees after beating an enforcement case brought by the U.S. Department of Labor alleging the company and its founders mismanaged an employee stock ownership plan, with the firm arguing the Ninth Circuit erred in siding with the DOL.

  • June 11, 2024

    Research Org, Ex-Workers Agree To End Retirement Fee Fight

    A research and development nonprofit agreed to settle a class action alleging it mismanaged its $3.5 billion employee retirement plans by allowing them to pay excessive administrative fees, according to a filing Tuesday in Massachusetts federal court.

  • June 10, 2024

    Rehab Clinics Add To MultiPlan Insurance Fixing Pile-On

    Addiction treatment providers sued MultiPlan, Aetna, Cigna, UnitedHealth and Elevance Friday and Saturday in 14 separate New York federal court complaints that appear to be the first to add substance abuse disorder-specific allegations to the cases pegging MultiPlan at the center of a scheme to suppress insurer payouts.

  • June 10, 2024

    Pension Fund Repays PBGC $8M In Excess Financial Aid

    The U.S. Department of Justice announced Monday that a pension provider for workers in graphic communications has paid back more than $8 million in excess funds it received through a financial assistance program administered by the Pension Benefit Guaranty Corp.

  • June 10, 2024

    SoCal Workers Want Class Cert. In Union Healthcare Fee Suit

    A group of union-represented Southern California hospitality workers who say they're getting charged much higher health insurance rates than their counterparts in Las Vegas are seeking class certification in their lawsuit challenging the rates, according to a filing in Illinois federal court.

  • June 10, 2024

    3 Takeaways From Cigna's Win In 9th Circ. Rehab Claim Fight

    The Ninth Circuit's recent decision finding Cigna is off the hook for $8.6 million in out-of-network mental health and substance use disorder treatment claims against employee benefit plans administered by the insurer could discourage similar litigation, benefits attorneys say. Here are three key takeaways from the decision.

  • June 10, 2024

    Ill. Tool Maker Must Face Retirement Mismanagement Claims

    An Illinois tool manufacturer must answer to accusations that it mishandled billions in employee retirement savings by allowing their plan to take on unreasonable recordkeeping fees and retaining underperforming funds, a federal judge said Monday.

  • June 10, 2024

    Full 9th Circ. Rules AB5 And Its Exemptions Are Lawful

    The California Legislature had a plausible reason for creating certain carveouts from a state law governing whether workers are employees or independent contractors, the full Ninth Circuit ruled Monday, departing from a panel's decision that Assembly Bill 5 disfavors companies such as Uber.

Expert Analysis

  • Arbitration Is Still On The Table To Fight ERISA Class Actions

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    Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.

  • Exploring Menopause Benefits: A Guide For Employers

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    With 64% of women surveyed in 2023 wanting employer-sponsored menopause benefits, companies that wish to recruit and retain female employees should consider updating both their healthcare plans and corporate culture to help these often-marginalized workers feel and perform their best, say Diane Dygert and Maria Rossi at Seyfarth.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Justice O'Connor Was Architect of ERISA's Lasting Success

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    U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Disability Benefits Ruling Holds Claim Evaluation Lessons

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    In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

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