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Benefits
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December 05, 2023
Seyfarth Adds Ex-Goldman Sachs Benefits Atty As Partner
Seyfarth Shaw LLP said Tuesday that it has added the longtime in-house legal chief over Goldman Sachs' executive compensation and employee benefit plans as a partner in the New York office.
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December 05, 2023
10th Circ. Sides With Teen Fighting United's Coverage Denial
A Tenth Circuit panel ruled Tuesday that UnitedHealthcare violated federal law when it refused to cover the cost of a teenager's stay at a residential center for substance-abuse treatment, reversing a lower court's decision.
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December 05, 2023
Gannett Beats 401(k) Class Action Over Tegna Stock
A Virginia federal judge granted Gannett a win Tuesday in a class action accusing it of costing its 401(k) plan $135 million by keeping too much money invested in ex-parent company Tegna's stock, saying the newspaper conglomerate showed it didn't make its decisions recklessly.
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December 05, 2023
Insurers Seek Dismissal Of PrEP Coverage Suit
A UnitedHealthcare unit has asked a Minnesota federal judge to toss a proposed class action from employee health plan participants alleging that the insurers failed to fully cover HIV preventive treatment, saying the patients' claims weren't properly justified.
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December 05, 2023
Bristol-Myers Decries Blue Cross Unit's Last-Minute Dropout
Celgene and parent Bristol-Myers Squibb expressed frustration Tuesday about the timing of a Blue Cross unit's decision to bow out as a plaintiff in New Jersey federal court antitrust litigation accusing the drugmakers of delaying generic competition to blockbuster cancer treatments, raising concerns the insurer might shirk its discovery obligations.
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December 04, 2023
Kraft Heinz Fraudulently Won Insider Trade Suit, Investor Says
An investor has hit Kraft-Heinz Co. with a fresh stockholder complaint in Delaware Chancery Court, claiming that the court wrongly tossed a prior action alleging similar $1.2 billion insider-trading claims based on fraudulent statements and incomplete evidence regarding Kraft Heinz's executives' purported financial ties to the majority stockholder accused of insider trading.
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December 04, 2023
Steel Co. President Faces Arrest For Contempt In ERISA Case
The president of a steel reinforcing installation company is facing a civil arrest warrant after failing to produce financial records for a union's audit in an unpaid benefits contributions case, with an Oregon federal judge saying the move was necessary because the official still hasn't complied with monetary sanctions.
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December 04, 2023
AstraZeneca Criticizes HHS For Bid To Skirt Drug Price Suit
AstraZeneca has chided the federal government for seeking a quick win against the drugmaker's challenge to the Medicare drug price negotiation program in a recent brief, arguing that the Centers for Medicare and Medicaid Services mistakenly believes it has "absolute authority to unilaterally dictate prices."
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December 04, 2023
Pomerantz To Lead Comerica Investors In Card Oversight Suit
Pomerantz LLP was appointed lead counsel for a proposed class action alleging Comerica and some of its executives misled investors about the company's oversight of vendors and fraud prevention measures for a debit card program used to distribute federal benefits.
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December 04, 2023
Justices Told Family's 10th Circ. Benefits Win Subverts ERISA
United Behavioral Health and a Nokia-owned employee health plan asked the Supreme Court to review a Tenth Circuit decision faulting them for refusing to cover a middle schooler's inpatient mental health treatment and directly awarding a family benefits, arguing the decision defied precedent and contradicted federal benefits law.
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December 04, 2023
Ohio Panel Says Transit Union Deserves Back Pay Hearing
An Ohio state appeals court has ruled that the Greater Dayton Regional Transit Authority might not be done compensating three workers it fired and then reinstated following arbitration awards in the Amalgamated Transit Union's favor, reversing a lower court's refusal to consider the union's claim the workers are owed thousands more.
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December 04, 2023
Union Pension Fund Seeks Toss Of Mechanic's Benefits Claim
A union pension fund asked an Illinois federal judge to toss a 67-year-old mechanic's allegations that he was wrongfully denied pension benefits, saying the fund's trustees were within their rights to deny his benefits when he took two multiyear breaks from accepting union-covered work.
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December 04, 2023
Feds Accuse Texas Rehab Clinic Of $2M Workers' Comp Scam
Federal prosecutors accused a physical therapy clinic in Texas and its owner of billing thousands of false claims to a federal workers' compensation fund, alleging that they defrauded the government of $2 million.
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December 01, 2023
Prime Healthcare ERISA Judge 'Befuddled' By Class Cert. Ask
A California federal judge on Friday questioned the standing of the three named plaintiffs seeking class certification in a federal benefits class action against Prime Healthcare Services Inc., saying she is "befuddled" about how certification would change the case at all.
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December 01, 2023
Judge Chides Tribe Seeking Blue Cross Default As 'Obstinate'
A federal judge on Friday nixed a Native American tribe's latest bid for default judgment against Blue Cross Blue Shield of Michigan under the Employee Retirement Income Security Act and the state's Health Care False Claims Act, saying the tribe, like the insurer, has been "obstinate" during the suit's discovery phase.
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December 01, 2023
Feds Say Biz Group Lacks Standing In Trans Coverage Suit
The Biden administration has hit back at a Christian business association's attempt to block its policy requiring businesses to offer insurance for gender transition procedures, saying the group lacks standing for having failed to allege specific harms suffered by its members.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
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December 01, 2023
Wells Fargo Ex-CEO Says Bank Stiffing Him On $34M In Pay
Timothy Sloan, the onetime chief executive of Wells Fargo & Co., sued the California banking giant on Friday over roughly $34 million in compensation he alleges was wrongfully withheld from him after his 2019 exit from the scandal-tarnished firm.
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December 01, 2023
Ex-CEO For Space Cargo Biz Can't Revive Legal Fee Suit
Delaware's Supreme Court let stand on Friday a Court of Chancery ruling that space infrastructure company Momentus Inc. has no obligation to advance legal fees to its co-founder and former CEO after he waived most of his rights to indemnification and advancement when he left the company in 2021.
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
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December 01, 2023
Univar Fights Union Fund's Bid For Pretrial Pension Row Win
Univar Solutions USA Inc. told an Illinois federal judge that the company isn't liable for thousands in allegedly unpaid pension contributions, claiming the fund accepted a labor contract between the chemical giant and a Teamsters local that ended the business's obligation to pay.
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December 01, 2023
Defense Co. Refused To Retract Resignation, Worker Says
Aerospace and defense contractor Collins Aerospace interfered with a worker's state and federal right to take medical leave, the employee alleged, by refusing to allow her to revoke her resignation in lieu of a period of short-term disability leave.
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December 01, 2023
Judge Balks At 'Sheer Number' Of Exhibits In Seattle Vax Suit
A Washington federal judge expressed mild concern Friday about the "sheer number" of exhibits attached to a group of firefighters' discrimination lawsuit against the city of Seattle over its COVID-19 vaccine mandate, doubtful that the court would even be able to consider the contents of the 1,130 pages while weighing the plaintiffs' claims.
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December 01, 2023
Sodexo Asks 9th Circ. To Force Arbitration In ERISA Suit
Sodexo urged the Ninth Circuit to force a worker to arbitrate his claims alleging the food services company unlawfully required workers who use nicotine products to pay $1,200 more per year for health insurance, saying it doesn't matter that he didn't consent to the insurance plan's arbitration provision.
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December 01, 2023
Investors Say Boeing Can't Ditch Retooled 737 Max Fraud Suit
Investors have told an Illinois federal judge that Boeing cannot escape a revamped securities fraud suit seeking to hold it liable for erasing billions in shareholder value by alleging it repeatedly misrepresented the safety of the 737 Max aircraft even after two deadly crashes.
Expert Analysis
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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How Mental Health Ruling Paves Road For Equal Coverage
The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.
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An Informed Guide To Mastering Retirement Plan Forfeitures
When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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5 New Calif. Laws Employers Need To Know
Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.
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DOL's Retirement Security Rule Muddies Definitional Waters
The latest proposal changing how the Employee Retirement Income Security Act defines "investment advice," which the White House framed as a narrowly tailored regulation, would implement a sweeping regulatory overhaul that changes how the retirement services industry interacts with plans, participants and account owners, says Michael Kreps at Groom Law Group.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.