Benefits

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Teamsters Tells 7th Circ. Sysco Must Arbitrate Benefits Spat

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 23, 2024

    Restaurants Blast 'Fatal Flaws' In Chicken Price-Fix Deal

    Boston Market and other restaurants objecting to Simmons Foods' $8 million chicken price-fixing settlement with direct purchasers say the Seventh Circuit should unwind the deal because it improperly releases bid-rigging claims for no consideration and turns the massive two-track case on its head.

  • February 23, 2024

    Ex-NFL Player Says Bid To Toss Benefits Suit Is A Fumble

    Retired NFL player Raymond Lee Woodard Jr. has told a Texas federal court he took all the administrative steps required to resolve his retirement benefits dispute before filing a lawsuit, and therefore it should not be tossed as the plan has requested.

  • February 23, 2024

    Co. Saddled Retirement Plan With Mediocre Funds, Suit Says

    SAS Institute Inc. cost workers millions in savings by failing to trim underperforming investment funds from its $3.6 billion retirement plan, according to a proposed class action filed against the software analytics giant in North Carolina federal court.

  • February 23, 2024

    VA Nixes Trans Vets' Request For Gender-Affirming Surgery

    The Department of Veterans Affairs said Thursday that it had formally rejected an 8-year-old petition for rulemaking by the Transgender American Veterans Association that sought to add gender-affirming surgery as part of VA-covered medical services, urging the Federal Circuit to toss TAVA's mandamus petition as moot.

  • February 23, 2024

    4 Trends Executive Compensation Attorneys Are Watching

    A Delaware Chancery judge's rejection of Elon Musk's $55 billion Tesla pay package shows how a court historically viewed as corporate-friendly may be shifting, one of several trends executive compensation experts told Law360 they're seeing. Here are four issues executive pay lawyers should have on their radar.

  • February 23, 2024

    6th Circ. Backs DOL's Black Lung Benefits Award For Miner

    The Sixth Circuit stood by an administrative law judge's ruling that a former coal miner is entitled to black lung benefits even if his long history of smoking might have also contributed to his pneumoconiosis, denying a petition for review from the man's former employer.

  • February 22, 2024

    Stressful Atty Work Can Warrant Disability Pay, Judge Says

    A Virginia federal judge held Wednesday that a cybersecurity attorney whose doctors advised that he stop working after heart surgery shouldn't have had his long-term disability benefits claim denied, ruling that a life insurance company ignored evidence that his job was highly stressful and that stress could be dangerous.

  • February 22, 2024

    5th Circ. Affirms Medicare Kickback Convictions

    The Fifth Circuit upheld two Texas group-home owners' convictions and sentences for their role in a Medicare kickback scheme, rejecting their argument that a trial court judge wrongly admitted audio recordings at trial and incorrectly calculated the scheme's returns.

  • February 22, 2024

    North Carolina Hospitals Can't Exit Monopoly Claims

    Two healthcare companies cannot escape a consolidated antitrust suit claiming that a North Carolina hospital system drove up the price of health insurance for public employees, as a federal judge has found that the claims plausibly allege that the anti-competitive conduct occurred within the time window to sue.

  • February 22, 2024

    Hormel Foods Accused Of Mismanaging Retirement Funds

    A Hormel Foods Corp. benefit plan participant filed a proposed class action against the company in Minnesota federal court, alleging it shirked its duty under federal benefits law by failing to trim high-cost investment funds with poor crediting rates from its $1.2 billion retirement funds.

  • February 22, 2024

    UAW Tells Mich. Judge To Toss Fiduciary Duty Suit

    The United Auto Workers and one of its affiliates urged a Michigan federal judge to dismiss accusations that the union violated its fiduciary duty in connection with an individual's claim for benefits, saying federal retirement and labor laws preempt the plaintiff's allegations.

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    Locke Lord Settles Failed Health Plan Malpractice Suit

    Locke Lord LLP has reached a settlement to resolve a health plan fiduciary's malpractice suit alleging the firm provided bad legal advice that doomed the plan, permanently ending an Illinois federal suit first filed in 2018.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    Talen Energy Strikes $20M Deal To End Unpaid Pensions Suit

    A group of Talen Energy Corp. retirees urged a Pennsylvania federal judge Wednesday to give the initial green light to a $20 million deal that would shutter their suit alleging the company withheld early retirement benefits from workers following a company spinoff.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    JPMorgan Got $400M Before Inovalon Sale, Del. Justices Hear

    Inovalon didn't properly disclose that investors that bought the healthcare data company in 2021 paid $400 million in fees to its financial adviser, a JPMorgan unit, before the transaction, a reason enough to revive a lawsuit challenging the $7.3 billion acquisition, counsel for stockholders told Delaware's Supreme Court Wednesday.

  • February 21, 2024

    3rd Circ. Lets J&J Appeal Class Cert. In Talc Concealment Suit

    Johnson & Johnson can appeal a New Jersey federal court's class certification order from December, the Third Circuit ruled Wednesday, in an investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products.

  • February 20, 2024

    SocGen's $35M Yen-Libor Rigging Suit Deal Gets 1st OK

    A New York federal judge Tuesday granted preliminary approval of a $35 million settlement to resolve a yearslong dispute involving a class of Societe Generale investors who accused the French financial services provider of being involved in a conspiracy to rig the London interbank offered rate for the Japanese yen.

  • February 20, 2024

    Ryder Investors' $45M Securities Deal Gets First Green Light

    A Florida federal judge on Tuesday granted the first green light to a $45 million cash settlement ending a suit against truck rental company Ryder System Inc., alleging it knowingly overstated the residual value of its trucking fleet, which caused its stock price to plummet after the truth was revealed.

  • February 20, 2024

    DOL Says Fringe Benefits Cos., Execs Mismanaged Funds

    The U.S. Department of Labor accused two fringe benefits administration companies and their executives of mismanaging funds destined for government contractor employees' benefits, telling a Maryland federal court Tuesday that more than $4 million in withdrawals remains missing.

  • February 20, 2024

    Amentum Can Claim Some COVID Leave Costs From Air Force

    The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.

Expert Analysis

  • Navigating ACA Reporting Nuances As Deadlines Loom

    Author Photo

    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

    Author Photo

    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

    Author Photo

    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • A Post-Mortem Analysis Of Stroock's Demise

    Author Photo

    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

    Author Photo

    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

    Author Photo

    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

    Author Photo

    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • 4 Steps To Navigating Employee Dementia With Care

    Author Photo

    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

    Author Photo

    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

    Author Photo

    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

    Author Photo

    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

    Author Photo

    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

    Author Photo

    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!