Benefits

  • May 07, 2024

    Astec Inks $13.7M Investor Deal Over Wood Pellet Plant Woes

    An investor in manufacturer Astec Industries Inc. has asked a Tennessee federal judge for an initial green light on a $13.7 million deal to end claims the company misrepresented business prospects for its wood pellet plants.

  • May 07, 2024

    Cigna Escapes Post-Judgment Accounting Bid In ERISA Row

    A federal judge in Connecticut has denied a bid by a class of 25,000 Cigna Corp. workers for post-judgment discovery in an ERISA feud that has stretched on for 23 years, shutting down claims that the insurer violated court orders by improperly calculating award payments to class members.

  • May 07, 2024

    Organic Grocery Chain Settles COBRA Notice Suit For $400K

    An organic grocery store chain will pay $400,000 to close a proposed class action claiming it regularly failed to alert workers that they could extend their health insurance benefits if their coverage ended after losing their jobs, according to a Pennsylvania federal court filing.

  • May 07, 2024

    Hartford Settles Long-COVID Patient's Benefits Suit

    Hartford Life and Accident Insurance Co. reached a deal to end a lawsuit accusing it of unlawfully refusing to pay out long-term disability benefits for a patient suffering lasting effects from a COVID-19 infection, according to filing Tuesday in Michigan federal court.

  • May 07, 2024

    DOL Official Says Expect Pension De-Risking Report Soon

    The U.S. Department of Labor's employee benefits chief said Tuesday the agency expects to submit a report to Congress shortly on so-called pension risk transfers, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.

  • May 07, 2024

    Paycom Brass Face Investor Suit Over Future Revenue Woes

    The top brass of human resources technology company Paycom Software Inc. have been hit with a shareholder derivative suit alleging that executives failed to disclose that a new product to streamline payroll processes was threatening its future revenue by helping companies avoid errors they would otherwise pay to fix.

  • May 07, 2024

    Amazon Worker Wants Class Cert. In Military Leave Suit

    A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.

  • May 07, 2024

    Santos Says Feds Overstepped With ID Theft Charge

    Former U.S. Rep. George Santos told a Brooklyn federal court that prosecutors used an unconstitutionally vague identity theft statute to charge him with reporting fake fundraising numbers to the Federal Election Commission.

  • May 06, 2024

    Judge Trims ESOP Valuation Suit Against Healthcare Co.

    A California federal judge has trimmed a lawsuit against KPC Healthcare Inc., its employee stock ownership plan committee and its investment manager Alerus Financial alleging that a sale of company stock was mismanaged.

  • May 06, 2024

    Cabot Settles Investor Suit Over Groundwater Pollution Claims

    Cabot Oil & Gas Corp. and a class of investors have reached a settlement resolving allegations the company misrepresented its environmental regulatory compliance before faulty gas wells polluted Pennsylvania's water supplies.

  • May 06, 2024

    Bridgewater Fights To Keep Bias Claims Under Wraps

    Connecticut asset management firm Bridgewater Associates LP fought Friday to keep dispute with two terminated employees over alleged discrimination in arbitration, saying the Federal Arbitration Act bans its ex-workers from using state court procedures contrary to private dispute resolution agreements, and from airing grievances in public.

  • May 06, 2024

    Goldman Objects To 1MDB Suit Class Cert. Recommendation

    Goldman Sachs and its former top brass have urged a New York federal judge not to adopt a magistrate judge's recommendation to grant certification to a proposed class of investors claiming losses from the 1MDB bond bribery scandal, saying the magistrate judge erred in concluding that Goldman's stock price was affected by alleged misstatements.

  • May 06, 2024

    Mass General Eyes Retirement Plan Fee Suit Settlement

    The Mass General healthcare system in Boston and a proposed class of its workers are in the process of negotiating an agreement to resolve the employees' claims that they were charged excessive administrative fees for their retirement plan, the parties told a Massachusetts federal court.

  • May 06, 2024

    Citgo Retirees' Mortality Table Data Suit Heads To Trial

    An Illinois federal judge refused Monday to grant Citgo a win in three retirees' proposed class action accusing the fuel company of shortchanging retirees by using outdated metrics to calculate early retirement payouts, saying the questions that remain are best suited for trial.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    Salesforce Inks 11th Hour ERISA Deal With Up To 50K Workers

    Salesforce has inked an eleventh-hour settlement with a certified class of up to 50,000 employees alleging the company violated ERISA by allowing its 401(k) plan to be filled with expensive and poorly performing investment options, preempting a bench trial scheduled for Monday, a court clerk told Law360.

  • May 06, 2024

    JPMorgan Accused Of Failing To Protect Account Data

    JPMorgan Chase & Co. failed to protect sensitive personal information for individuals whose retirement accounts it administered, causing at least 451,000 people to have identifiable data stolen over the past three years, according to a proposed class action filed in New York federal court.

  • May 06, 2024

    Catching Up With Delaware's Chancery Court

    A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.

  • May 06, 2024

    FDIC, OCC Gear Up For Another Shot At Banker Bonus Rules

    The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency on Monday revived an Obama-era proposal to set restrictions on incentive-based pay for executives at big banks, a lingering item of unfinished Dodd-Frank Act business, and for now, the Federal Reserve is sitting out.

  • May 06, 2024

    Auto Parts Co. Strikes Deal To End Suit Over $1.6B 401(k) Plan

    Auto parts supplier Magna International agreed to settle a class action covering about 20,000 workers who claimed to have lost millions in retirement savings because the company failed to cut underperforming and costly investments from their $1.6 billion retirement plan.

  • May 03, 2024

    9th Circ. Orders 2nd Look At Stay In PG&E Wildfire Suit

    The Ninth Circuit on Friday told a lower court to reconsider its order staying claims PG&E investors brought against officers, directors and others over wildfire liability, saying more factors should have been considered before the stay was granted.

  • May 03, 2024

    Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims

    A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified

    DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.

  • May 03, 2024

    Railways Cos. Dodge Suit Claiming Pension Evasion Scheme

    A Pennsylvania federal judge tossed a suit Friday claiming Transtar railways systematically fired workers whose pensions were about to vest in order to dodge payments, stating that the employees' complaint lacks enough detail to prove they were subjected to an illegal scheme.

Expert Analysis

  • How To Win More Money For Terminated Executives

    Excerpt from Practical Guidance
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    Terminated executives are often rattled into accepting too little money and too many restrictive covenants, but by converting the company’s hidden anxieties into leverage and using proven bargaining-table talking points to reframe the employer’s risks, outgoing executives can negotiate significantly better severance packages, says Stephen Zweig at FordHarrison.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 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.

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