Benefits

  • 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.

  • June 10, 2024

    Cooley Adds Comp Partners From Cadwalader, Wilson Sonsini

    Cooley LLP announced the addition of two partners from Cadwalader Wickersham & Taft LLP and Wilson Sonsini Goodrich & Rosati PC on Monday, touting their combined five decades of experience in compensation and benefits.

  • June 10, 2024

    Duane Morris Rehires Employment Partner From Cooley

    A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.

  • June 10, 2024

    Citgo Retirees Secure Amended Class Cert. In ERISA Suit

    An Illinois federal judge greenlighted class status to retired Citgo employees who accused the company of shortchanging them by using outdated metrics to calculate early retirement payouts, saying the former employees properly winnowed down the class definition.

  • June 07, 2024

    Motley Rice Allocated Biggest Share Of $2B Opioid Fees

    A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.

  • June 07, 2024

    Conn. Judge Pushes State For Proof In $11M Kickback Case

    The Connecticut state judge presiding over an $11 million false claims and kickbacks case against a compounding pharmacy appeared unconvinced Friday that the defendants submitted false claims for payment, peppering the government's counsel with requests to support assertions with case law and evidence that was put on at trial.

  • June 07, 2024

    Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'

    A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.

  • June 07, 2024

    Ranbaxy Units Overcome Lipitor Antitrust MDL

    Multiple Ranbaxy Inc. entities have defeated multidistrict litigation accusing them of conspiring with Pfizer Inc. to delay releasing a generic alternative to blood pressure drug Lipitor, as a New Jersey federal judge on Thursday criticized the drug purchasers' "speculative" arguments.

  • June 07, 2024

    Nossaman Picks Up Pensions Partner In Phoenix

    Nossaman LLP has brought on a public pension plan expert from Kutak Rock LLP as a partner in its Phoenix office, continuing the firm's expansion of its benefits and investments group.

  • June 07, 2024

    Union Says NYC Hotel Must Pay Severance Arbitration Award

    A hotel workers union urged a New York federal court to force a former operator of a shuttered Marriott hotel in Manhattan to pay $6 million in severance pay stemming from the COVID-19 pandemic, saying an arbitrator's award in the union's favor must be enforced.

  • June 07, 2024

    Ex-NFL Pro's Appeal Calls League's Benefit System Defective

    A former NFL player whose benefits suit was tossed by a Texas federal judge after eight doctors said he could work has appealed to the Fifth Circuit, arguing that the evaluation system used by the NFL is flawed and "morally repugnant."

  • June 07, 2024

    NJ Asked To Convince Court Not To Block Temp Law

    A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.

  • June 07, 2024

    Former Allianz Unit Exec Admits Role In $6B Fund Fraud

    A former portfolio manager at Allianz SE's U.S. unit told a Manhattan federal judge Friday that he lied to investors about the risks of the German finance giant's now-defunct Structured Alpha Funds, admitting to his role in a $6 billion fraud.

  • June 06, 2024

    9th Circ. Tells Insurer To Cover Teen's Treatment Center Stay

    The Ninth Circuit has upheld a Massachusetts mother's win in her fight to get her insurer to cover behavioral health treatment for her son, ruling Thursday that a Washington federal judge was correct to order the insurer to cover her son's 14-month stay in a residential treatment center.

  • June 06, 2024

    AT&T Says Pension De-Risking Move Expressly Allowed

    AT&T is trying to ditch two suits by retirees who claimed the telecom giant put their savings at risk by transferring pension obligations to an annuity provider, arguing that the retirees were attempting to "attach fiduciary liability to a non-fiduciary decision."

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Del. Opposes Ex-Paralegal's En Banc Call In Jobless Pay Fight

    An attorney representing a Delaware agency has asked the state's Supreme Court to reject a former Morris James LLP paralegal's call to have the full court consider an appeal seeking to revive his bid to collect unemployment benefits after he agreed to leave the firm.

  • June 05, 2024

    VA Asks To Appeal Refusal To Toss Systemic Discrimination Suit

    The U.S. Department of Veterans Affairs wants a Connecticut federal judge to green light an immediate appeal of his decision declining to dismiss systemic discrimination claims by a Black Marine Corps veteran, saying the Federal Tort Claims Act is an improper route for relief.

  • June 05, 2024

    House Votes To Block Vets' Access To Gender-Affirming Care

    The U.S. House of Representatives on Wednesday passed a $147.5 billion spending bill along mostly party lines funding military construction and the U.S. Department of Veterans Affairs, which would block veterans' access to gender-affirming care and which the White House has already threatened to veto.

  • June 05, 2024

    Machinery Co. Can't Beat Suit Over Gender-Affirming Care

    A New Hampshire turbomachinery company can't dodge a transgender employee's lawsuit alleging its healthcare plan's ban on gender dysphoria treatment coverage is discriminatory, with a federal judge ruling the company overlooked the U.S. Supreme Court's landmark Bostock decision.

Expert Analysis

  • Management Incentives May Be Revisited After PE Investment

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    As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

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