Products May 1, 2017

The More Information ERISA Litigators Have, the Better

An ERISA litigator weighs in on whether information from a new analytics tool would be helpful to attorneys and their plan sponsor clients.
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If you’re a retirement plan sponsor facing an Employee Retirement Income Security Act (ERISA) lawsuit, you want an attorney well-versed in your type of ERISA case, but you may also want an attorney with some “insider” information.

To that end, Bloomberg Law launched a number of new labor and employment tools and resources on its Labor & Employment Practice Center. The tools aim to give attorneys and their clients clear and powerful insights into the way U.S. federal courts interpret and decide ERISA litigation. 

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For example, the Litigation Analytics tool helps users craft litigation strategies and understand potential impacts specific judges and courts can have in the labor and employment space. A snapshot of the type of information included in the tool provided by Bloomberg shows Southern District of Texas Judge Lee Rosenthal grants motions for summary judgement 10% more often in ERISA cases than Northern District of Illinois Judge Harry Leinenweber. The judges grant such motions 60% and 50% of the time, respectively, the tools show. 

Another interesting example: Middle District of Florida Judge John Steele takes the shortest average length of time to decide ERISA cases, at 234 days.

In addition to the data on specific judges’ tendencies for granting summary judgement and the time it takes to close litigation, Bloomberg Law’s Litigation Analytics tool allows users to see trends in appeals outcomes; review past appeals attempts; and track appearances and case types. Users can also evaluate how many times a law firm or company has appeared before a particular judge.

The tools show Judge Jack Weinstein in the Eastern District of New York has been almost four times more likely to deny a motion to dismiss in full than Judge Jesse Furman in the Southern District of New York. And, Judge Leonard Stark in the District of Delaware had the busiest bench of the judges sampled over the past five years: the top three firms appearing before him appeared a total of 1,050 times.

Jo-el Meyer, managing editor for labor & employment, benefits and HR news, at Bloomberg Law, who is based in Arlington, Virginia, tells PLANSPONSOR, “We feel that for litigators to get an edge up and be better at their business, they need information about judges and how courts have handled cases. The Litigation Analytics tool was designed to enable litigators to look at judges’ histories of opinions, to see litigation results. Also how long a trial takes will tell them what resources to invest.”

Meyer says it may also help plan sponsors find an attorney. By using the tool, they can see what law firms handle ERISA cases and the outcomes firms have had.

NEXT: How information helps attorneys and their clients

Jamie Fleckner, a partner with Goodwin Procter LLP, who is based in Boston, tells PLANSPONSOR the judge assigned to the case does have an impact on how litigators think about defending the case and the strategy they might employ in litigating. For example, if a judge’s tendency is to not grant dispositive motions, as a litigator thinks about case strategy, he or she may make a strategic or tactical decision on whether or not to file such a motion, i.e. a motion to dismiss or for summary judgement.

Fleckner says knowing how much time a judge is expected to take with a case is critically important in managing client expectations. “Plan sponsors that find themselves in litigation will want to know the life cycle of the case and when next steps occur so they can plan accordingly and know what to expect.”

Regarding appellate outcomes, Fleckner says, “You always as a litigator think about potential appellate remedies and making sure you’re preserving a record of appeal.” He adds that there are broad strokes in judges’ past tendencies—certainly any case on its own might be an outlier—so litigators would have to carefully compare a judge’s tendencies with their particular case. “But, you certainly want to understand how strong an appellate case you have as you think about the strategy of your case overall,” he adds. “Do you have a strong ground for appeal? If the judge has been successfully appealed, or if the judge has often upheld a ruling on appeal, you have to think about whether the appellate path will be successful.”

Because each judge has his or her own way of conducting business and their own preference, it is important in any litigation to know a judge’s specific preferences, Fleckner concludes. But, aside from a database, he notes that local counsel can help a litigator understand a judge’s preferences and tendencies even if they don’t litigate ERISA cases.

Bloomberg Law’s Litigation Analytics includes extensive information on the litigation activities of companies (more than 70,000 public and 3.5 million private companies), as well as the law firms that represent them.

It offers unlimited use for subscribers at an all-inclusive price and full access to all that the platform has to offer, providing cost predictability. More information can be found at https://www.bna.com/labor-employment/?promocode=BLAW639AW. The product is available without additional cost to existing Bloomberg Law subscribers.

Reader Responses May 1, 2017

SURVEY SAYS: Feeling Appreciated at Work

We covered a survey that found two-thirds of workers said they'd likely leave their job if they didn't feel appreciated.
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Last week, I asked NewsDash readers, “Do you feel appreciated at work, and what forms, if any, of appreciation does your company show?”

More than half (53.5%) of responding readers indicated they feel appreciated at work. More than one-third (34.9%) said they feel appreciated sometimes, while 11.6% said they do not feel appreciated.

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Asked what forms of appreciation their companies show, 65.1% chose “verbal, written or emailed thanks,” and 51.2% selected “appreciation get-togethers, such as luncheons or picnics.” Nearly half (46.5%) said their employers give verbal recognition of employees at team meetings, and 44.2% reported their companies give bonuses.

An employee of the month, quarter, year, etc. program is offered by 23.3% of respondents’ firms, 20.9% offer gifts to employees and 9.3% provide a day off. Seven percent of respondents indicated their firms offer no forms of appreciation. “Other” responses included a paycheck; gift cards, truck raffle based on years of service, company-paid vacations; a recognition program where your peers can give you points , you can then pick a gift with your points; service anniversary gifts every five years; awards/plaques; and monetary awards.

In verbatim comments, many folks said monetary showings of appreciate are the best, while others said a simple “thank you” or “good job” would suffice. Some noted the importance of co-workers showing appreciation for each other. There were comments about what appreciation, or lack thereof, does to workers. Editor’s Choice goes to the person who said, “People are often recognized via additional responsibilities for the same compensation.” 

Thanks to everyone who participated in the survey!

Verbatim

Showing appreciation is left to individual supervisors. Some are great and others give no feedback, forget something as superfluous as appreciation!

It's not so much what the company shows as much as it is being appreciated by those I work with.

I think most people just want their manager to recognize their hard work - looking directly at them and saying thank you goes a long way.

I remember the last time my boss said ANYTHING about my contribution to the organization... it was positive and more than 6 months ago. I'm currently seeking a new job with a more collaborative team environment.

Although the bonuses come from the company, most appreciation comes directly from my supervisor. He even gave a portion of his annual bonus to his direct reports!

I occasionally receive verbal affirmations from senior officials that I'm doing good work and that I am appreciated which means more to me than gifts or money.

I try to do my best at work each day regardless of any encouraging words, which are few & far between. When I retire, maybe they will appreciate me.

It starts, and ends, with cash.

While I feel very appreciated, it does not always make up for the chaotic and stressful environment.

While our boss does not give verbal accolades, he is very generous in financial ways.

It's like the company does everything in its power to make you feel unappreciated.

I'm working for the best company I've ever worked for! I feel loved on a daily basis. I am happy to get up and come to work each day.

Everyone is so very busy at every level that sometimes they forget to notice that staff does more with less. A good manager at any level should notice and show their appreciation in a way the employee fees appreciated, an afternoon off to one person might be very much appreciated while another person might prefer a gift card to a trendy restaurant. Coworkers should also show appreciation for each other more frequently. A little Thanks goes a long way.

Verbatim (cont.)

The only form of appreciation that I want is money.

It seems that appreciation should be expressed for tasks that are over and above a person's day-to-day activity. However, many times when I hear appreciation expressed, I think, isn't that their job anyway? It would be more meaningful it there were a distinction between appreciation for showing up and doing your job every day and going over and above what is expected.

I see all around me people not giving the extra effort (sometimes just an honest effort) for clients knowing that anything extra will be ignored and if things don't work out positively, and will be criticized for trying to do too much if they don't work out...

How an employee is treated greatly affects their work, attitude and outlook. Someone who is appreciated is usually happier and more productive. Someone who feels unappreciated can be depressed, unwilling to put in the extra effort in their job and generally be unhappy. This type of attitude can affect their entire team. It doesn't take much to make an employee feel appreciated. A simple good morning, thank you, or job well done goes a long ways.

A simple thank you or call out at a meeting goes a long way.

The ultimate appreciation is the one that lands in the bank.

People are often recognized via additional responsibilities for the same compensation.

There's two distinct classes of appreciation here: structural, which is defined by the firm's compensation programs, and personal, which is what an associate gets from immediate supervisor and co-workers. On the personal side, coworkers often thank and compliment me, including emails to my boss. However, my boss provides minimal appreciation, and does not advocate on my behalf for advancement or raises.

I've administered our pension & welfare plans for nearly 30 years. I wear glasses and have a mustache. At a company gathering, I was "recognized" by hundreds of folks with a cheer and simultaneous donning of novelty glasses w/mustache.

Institutional corporate appreciation is better than nothing but it's best when your direct manager(s) take a minute of personal time to really say "Thank you" and why the appreciate you or what you did.

Show me the money!

I feel appreciated most of the time. The time I don't is when it is time to negotiate for a raise, then I hear every single thing I did wrong during the year.

It is wonderful to work with a great boss!

 

NOTE: Responses reflect the opinions of individual readers and not necessarily the stance of Asset International or its affiliates.

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