Benefits

  • September 22, 2023

    Envision Inks $177M Deal In Billing Practices Securities Suit

    Pension fund investors asked a Tennessee federal judge Friday to bless the $177.5 million settlement they reached with Envision Healthcare Corp. to resolve their claims the health care services provider and its directors misled them about its allegedly improper billing practices.

  • September 22, 2023

    4 Takeaways For Benefits Attys After Judge Clears ESG Rule

    A Texas federal judge's decision finding the U.S. Department of Labor's socially conscious investing rule didn't violate federal law represents a significant legal victory for the DOL at a time the agency's broader rulemaking efforts are under fire, attorneys say.

  • September 22, 2023

    Objector Says $919M Tesla Pay Suit Settlement 'Fell Short'

    A Tesla shareholder from Illinois has objected to a proposed settlement of a Delaware Chancery Court lawsuit that accuses Tesla directors of pocketing "outrageous" compensation, saying the $735 million deal is unfair in part because it doesn't specify how much each director will pay.

  • September 22, 2023

    11th Circ. Not Convinced $2.67B Blue Cross Deal Was Bad

    The Eleventh Circuit didn't seem to be buying what objectors to a $2.67 billion antitrust deal with Blue Cross Blue Shield were selling Friday during oral arguments, where the panel heard from more than half a dozen attorneys, and one pro se litigant, on why they should or should not undo the settlement.

  • September 22, 2023

    Boston Univ. Pushed Out Worker For 'Long COVID,' Suit Says

    Boston University failed to provide reasonable accommodations that would allow a maintenance worker with "long COVID" symptoms to return to work, instead telling him to apply for long-term disability benefits which were subsequently denied, according to a suit filed in Massachusetts state court.

  • September 22, 2023

    Doc's Plea In NBA Fraud Case Would Leave 2 To Stand Trial

    A Seattle physician indicated to a Manhattan federal judge Friday that he will plead guilty in the $5 million NBA benefits scam, a move that would leave just two out of 24 named defendants set to go to trial in November.

  • September 22, 2023

    Ex-Aide Wants Suit Against Sister's NJ Firm In State Court

    A former aide at her sister's New Jersey law firm has urged a federal judge to move her lawsuit against the practice back to New Jersey state court and grant her attorney fees, arguing the federal court lacks subject matter jurisdiction over her anticipatory breach of contract and retaliation claims.

  • September 22, 2023

    Stinson Adds Sports And Employment Investigations Atty In DC

    Stinson LLP has hired the former deputy general counsel and senior vice president of Varsity Brands to join its team in Washington, D.C., the firm announced Wednesday.

  • September 22, 2023

    Florida Farmer Not Prevailing Party In Bias Suit, Judge Says

    A Florida judge said a farmer whose reverse discrimination lawsuit was mooted when the Biden administration ended an effort to provide debt relief to minority farmers during the pandemic is not entitled to government help with his attorney fees, affirming a magistrate judge's earlier finding.

  • September 22, 2023

    CBD Cos. Want Supreme Court Review Of RICO Decision

    Two CBD companies say they plan to appeal a Second Circuit decision to revive a racketeering suit from a commercial truck driver who alleged he lost his job after consuming products containing detectable amounts of THC.

  • September 22, 2023

    UAW Steps Up GM And Stellantis Strike, Notes Ford Progress

    The United Auto Workers on Friday expanded its strike to all of General Motors and Stellantis' parts distribution facilities, but said it's made "serious" progress in contract negotiations with Ford and will not strike any additional Ford facilities.

  • September 21, 2023

    Texas Judge Won't Block Biden Admin's ESG Investing Rule

    A Texas federal judge Thursday refused to block a rule allowing retirement advisers to consider issues such as climate change and social justice when choosing investments, holding that the rule does not violate the Employee Retirement Income Security Act.

  • September 21, 2023

    Defense Grills Lead Investigator In $11M Medicare Fraud Trial

    Defense counsel traded barbs with a lead investigator in the government's Medicare fraud case against a Charlotte, North Carolina, telemedicine doctor Thursday, hinting to the jury that investigators ignored evidence and pursued a case against the physician without thoroughly digging into other potential "players."

  • September 21, 2023

    No Bias In Denying Trans Health Coverage, States Tell 4th Circ.

    North Carolina and West Virginia defended their health care funding bans on treatments for gender dysphoria Thursday, arguing before the full Fourth Circuit that the prohibitions don't discriminate against transgender people because the laws prohibit everyone on government plans from receiving certain treatments.

  • September 21, 2023

    SEC Investor Panel Backs Tougher Human Capital Disclosures

    An advisory committee to the U.S. Securities and Exchange Commission on Thursday recommended that regulators require public companies to beef up disclosures about their workforces, an item the full SEC has slated for a potential proposal this year.

  • September 21, 2023

    Shell Says Proposed ERISA Class Too Broad To Be Certified

    Shell Oil urged a Texas federal court not to certify classes of over 10,000 retirement benefit participants alleging the company mismanaged its employee 401(k) plan in violation of the Employee Retirement Income Security Act, arguing a magistrate judge's recommendation is too broad and based on improperly considered evidence.

  • September 21, 2023

    Utility Can't Recover $3M In Defense Costs, AIG Unit Says

    An AIG unit asked a Connecticut federal court to toss the Connecticut Municipal Electric Energy Cooperative's bid to recoup $3 million in legal expenses, arguing that the cooperative is not considered an "individual insured" under the portion of the policy it attempted to invoke.

  • September 21, 2023

    School Board Asks NC High Court To Review Pension Ruling

    A school district urged North Carolina's highest court to bar as unconstitutional a state law that places a ceiling on state retirement benefits and mandates government employers pay for sharp increases in certain workers' pensions, arguing a court of appeals panel wrongly found the law constitutional.

  • September 21, 2023

    United Ends Suit Challenging Colorado's Sick Leave Law

    A United Airlines lawsuit claiming that federal laws preempted a 2020 Colorado law mandating paid sick leave for workers seemingly came to an end when the airline voluntarily dropped it.

  • September 21, 2023

    Actuarial Co. To Pay $7.75M In Retirement Plan Privacy Suit

    A benefits consulting firm agreed to shell out $7.75 million to wrap up a proposed class action claiming the company's negligence allowed hackers to access the personal data of millions of retirement plan participants, according to a Georgia federal court filing.

  • September 20, 2023

    States' Rights, Trans Protections To Collide At 4th Circ.

    The full Fourth Circuit will hear arguments Thursday from state-run health plans in North Carolina and West Virginia challenging lower court decisions finding that their coverage exclusions for gender dysphoria treatments amount to unlawful discrimination, weighing in on two cases that experts say could impact employee benefit plans nationwide. Here's what to watch as the states and health plan participants square off before the Fourth Circuit.

  • September 20, 2023

    Southwest Flies From Investors' Safety Lapse Suit, For Now

    A Texas federal judge on Tuesday tossed without prejudice an investor suit alleging that Southwest Airlines lied for years to conceal a record of safety lapses that led to a deadly 2018 engine explosion, saying that executives' alleged misleading statements amount to puffery and not actionable fraud.

  • September 20, 2023

    Union Pension Fund Urges 1st Circ. To Uphold $1.7M Win

    An International Longshoremen's Association pension fund has urged the First Circuit to back a lower court's finding that a union local owes the fund about $1.7 million, saying the local's argument on appeal rests on "fabricated" information about the preconditions of a merger.

  • September 20, 2023

    UnitedHealth Narrows ERISA Suit Alleging Overcharging

    UnitedHealth trimmed a proposed class action alleging it overcharged plan participants for out-of-network medical services to line its own pockets, as a New York federal judge ruled that some claims were too repetitive, but others had enough detail to proceed.

  • September 20, 2023

    Biden Admin Extends Comment Period On Mental Health Regs

    The U.S. Department of Labor and two other agencies announced Wednesday that they will give the public more time to weigh in on proposed rules that would require employer health plans to comply with a federal law restricting coverage limitations on mental health and substance use disorder treatments.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Asset Manager Considerations For Soliciting Calif. Pensions

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    With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Why It's Time To Regulate Plan Data As An Asset

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    With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue

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    The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • $735M Tesla Settlement Drives Home Lessons For Boards

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    As one of the largest settlements of its kind, the recent $735 million deal between Tesla and 11 nonemployee directors highlights the increased scrutiny placed on compensation practices and director independence, and provides further caution to members of boards and their compensation committees, say attorneys at Cleary.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • 2nd Circ. Goldman Ruling May Hinder Securities Classes

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    The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

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