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Benefits
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April 30, 2025
Bipartisan House Members Pitch Expanded Paid Family Leave
A bipartisan group of House lawmakers unveiled legislation Wednesday that they said would expand access to paid family leave by incentivizing states to establish their own programs and facilitating the exchange of information between state and federal officials.
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April 30, 2025
Justices Say Reservists Get Extra Pay No Matter Wartime Role
The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.
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April 29, 2025
Omnicare Hit With $136M Jury Verdict For Bilking Feds
A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.
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April 29, 2025
Acadia Investors Seek Partial Win, Sanction In Healthcare Suit
Investors suing behavioral health care provider Acadia Healthcare Co. have asked a federal judge to find that they relied on certain alleged misrepresentations before investing in the company after previously moving for sanctions over allegations that the company systematically destroyed pertinent records to stymie their understaffing claims.
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April 29, 2025
Ohio Justices Reinstate Trans Care Limits During AG's Appeal
The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.
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April 29, 2025
Deloitte, SCANA Investor Class Settle Suit Over Failed Project
Deloitte and a certified class of SCANA Corp. investors told a South Carolina federal judge Tuesday they've settled claims accusing the accounting firm of issuing audit reports that misled investors about the progress the utility company was making on a $9 billion nuclear energy expansion project that never came to fruition.
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April 29, 2025
GenBioPro Can Defend FDA Approval In Mifepristone Suit
A Texas federal judge has allowed drugmaker GenBioPro to join a legal fight over access to the abortion drug mifepristone, finding that the company has a distinct interest in defending federal approval of the generic version of the medication.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
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April 29, 2025
X Can't Escape Unjust Firing Claim In Severance Suit
Three former Twitter executives can proceed with their claim that Elon Musk and the company owe them millions in severance benefits after falsely claiming they were fired justly, a California federal judge ruled, pointing to another suit mirroring nearly identical allegations.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 29, 2025
3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order
The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.
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April 29, 2025
Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit
Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.
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April 29, 2025
Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal
Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.
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April 29, 2025
High Court Backs HHS In Hospital Pay Formula Dispute
The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.
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April 28, 2025
3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row
The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.
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April 28, 2025
Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case
A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.
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April 28, 2025
Justices Open To New Combat Compensation Filing Window
A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
5th Circ. Grants DOL 30-Day Stay In States' ESG Rule Appeal
The Fifth Circuit on Monday granted the U.S. Department of Labor's request to stay an appeal from Republican-led states in a suit challenging the agency's rule that allows retirement fiduciaries to consider issues like climate change and social justice when choosing investments, but limited the pause to 30 days.
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April 28, 2025
Red States Want ACA Trans Health Rule Permanently Off Books
A group of 15 red states that successfully got a Biden-era rule frozen that protected gender-affirming care under the Affordable Care Act have urged a Mississippi federal judge to rule the U.S. Department of Health and Human Services overstepped its authority and cannot require states to allow gender-affirming care for transgender people.
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April 28, 2025
EPA Restarts Voluntary Retirement Program
The U.S. Environmental Protection Agency on Monday refreshed its effort to convince employees to take a voluntary retirement package that was rolled out in the early days of the Trump administration but has been dormant until now.
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April 28, 2025
Class Attys Seek $6.5M Cut In $29.5M Plantronics Settlement
Lead counsel for Plantronics investors who secured a $29.5 million deal resolving claims the company used "channel stuffing" tactics to bolster revenue are seeking $6.5 million in fees, telling a California federal judge Friday the request is reasonable, given the strong recovery and their track record successfully prosecuting similar securities cases.
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April 28, 2025
Boston Children's To Pay $3M In Retirement Plan Fee Suit
Boston Children's Hospital will pay $3 million to a class of participants in its retirement plan to settle claims that it saddled them with excessive fees.
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April 28, 2025
Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration
A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.
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April 28, 2025
Justices Won't Disturb 9th Circ.'s AT&T 401(k) Suit Revival
The U.S. Supreme Court declined on Monday to hear AT&T's bid for review of a Ninth Circuit panel decision reviving a class action against the telecom giant alleging mismanagement of an employee 401(k) plan, rejecting employers' request for more clarity from the court on the pleading standard for federal benefits lawsuits alleging excessive fees.
Expert Analysis
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.