Benefits

  • February 27, 2024

    DOL Finalizing ERISA Voluntary Correction Program Changes

    A top official with the U.S. Department of Labor's employee benefits arm said Tuesday that the agency expects to soon finalize changes to a program allowing retirement plan managers to voluntarily self-correct when they fail to forward employee contributions on time or make other transaction errors.

  • February 27, 2024

    Food Co. Gets Inflated ESOP Deal Suit Kicked To Arbitration

    An Illinois federal judge said a worker must arbitrate her suit claiming a food manufacturer sold inflated company shares to its employee stock ownership plan, finding the plan's arbitration agreement allows the business to sidestep an exception blocking some federal benefit law claims from out-of-court resolutions.

  • February 27, 2024

    GOP Lawmakers Press PBGC On $127M Pension Overpay

    The federal agency that bails out failing pension plans gave inadequate answers to two Republican lawmakers' questions about the agency's accidental $127 million overpayment to a Teamsters plan during the coronavirus pandemic, the lawmakers said in a letter to the agency, demanding it send new responses and documents. 

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    Chinese Retailer Miniso, Underwriters Beat IPO Suit For Now

    Goldman Sachs, BofA Securities Inc. and a Chinese retailer have secured the dismissal of a class action suit in New York federal court, with a federal judge ruling that the suing investors have failed to identify any actionable misrepresentations or omissions made by the company in connection with its 2020 initial public offering, among other things.

  • February 26, 2024

    UAW, Fiat Chrysler Escape Engineers' Bribery Scheme Suit

    The United Auto Workers, Fiat Chrysler and others are off the hook for state fraud and civil conspiracy claims brought by auto engineers in connection to a bribery scheme between union officials and the automaker, a Michigan federal judge ruled Monday, citing a recent Sixth Circuit decision finding related allegations untimely.

  • February 26, 2024

    Wood Group Prevails In ERISA Fight Over Target-Date Funds

    A California federal judge ruled in favor of an engineering firm and its retirement plan investment manager in a class action from employee 401(k) participants alleging mismanagement, concluding after a nine-day bench trial that a suite of in-house target-date funds offered to retirees were properly selected and monitored.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Glass Co. Strikes $5M Deal To End 401(k) Management Suit

    A glass container manufacturer will pay $5 million to resolve a proposed class action alleging it loaded its employee retirement plan with costly and underperforming investment options managed by a formerly affiliated company, according to a filing in Ohio federal court.

  • February 26, 2024

    New York Life To Pay $19M To Settle Retirement Plan Suit

    Current and former New York Life Insurance workers asked a federal court Monday to approve a $19 million deal in a proposed class action alleging the insurance giant unlawfully kept underperforming proprietary investment options in two employee retirement plans.

  • 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 Tell 7th Circ. Sysco Must Arbitrate Benefits Dispute

    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.

Expert Analysis

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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