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Benefits
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May 08, 2025
Oppenheimer Slips Suits Over Fraudster's $110M Ponzi Scheme
A cohort of investors who said they were victims of a $110 million Ponzi scheme run by a former Oppenheimer & Co. Inc. adviser can't hold the investment firm liable for their losses, the Georgia Court of Appeals has said, ruling their losses were "at best, an indirect result" of the firm's alleged efforts to cover up the scheme.
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May 08, 2025
6th Circ. Says BlueCross Can't Nix NH Fertility Benefit Probe
The Sixth Circuit said Thursday that it was fair game for New Hampshire to challenge BlueCross BlueShield of Tennessee's decision to deny a worker's claims for fertility treatment on the basis that it violated state law, ruling the insurance company can't shield itself from enforcement under federal benefits law.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
Atty Says SC Firm Owes Triple Damages For Not Paying Her
A South Carolina law firm failed to pay an attorney her earned wages during several pay periods until she got her own lawyers involved, she told a federal court, saying the firm should be put on the hook for triple damages and attorney fees.
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May 07, 2025
CVS Hid Prescription Discounts From Medicaid, States Allege
CVS failed to disclose to state Medicaid programs that it was offering discounts on prescriptions to cash-paying customers, violating regulations aimed at assuring that government insurance programs pay the lowest possible price for drugs, the attorneys general of four states said in a complaint unsealed Wednesday.
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May 07, 2025
Envelope Co. Founders, Trust Co. Ink $8M ESOP Deal
Two founders of an envelope manufacturing company and a trustee to the company's employee stock ownership plan have agreed to fork over $8 million to end an ESOP participant's proposed class action alleging mismanagement, according to filings in Delaware federal court Wednesday.
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May 07, 2025
McMahon's Misconduct Docs Sought In WWE Merger Suit
Shareholders seeking damages from World Wrestling Entertainment Inc.'s disputed $21.4 billion merger with Ultimate Fighting Championship have urged a Delaware vice chancellor to force WWE's former CEO, Vince McMahon, to hand over documents regarding his alleged sexual misconduct and hush money payments, arguing they are central to the suit.
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May 07, 2025
US Bancorp Retirees Pare Down Class Status Request
A trio of U.S. Bancorp retirees asked a Minnesota federal judge for class status in their lawsuit claiming the company underpaid workers who opted for early retirement, arguing that a narrowed class definition should allay concerns previously identified by the court.
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May 07, 2025
Ex-Equity Partner In Firm Gets Redo Of Workers' Comp Award
The North Carolina Court of Appeals on Wednesday ordered the state's Industrial Commission to recalculate the amount of workers' compensation owed to a former Cranfill Sumner LLP partner, finding his equity stake in the law firm is a contractual benefit that doesn't offset the amount he's owed.
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May 07, 2025
Payroll Company Hit With Class Action Over Data Breach
A payroll company failed to safeguard personal data and allowed Social Security numbers to be stolen in a hack last year, according to a proposed class action filed in Massachusetts federal court.
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May 06, 2025
Judge Backs Kellanova In $330M Teamsters Pension Row
An Illinois federal judge on Monday sided with Kellanova in considering cross-motions from the food company and a Teamsters pension fund to enforce and modify an arbitration award governing Kellanova's withdrawal liability after it ended its participation in the multiemployer pension plan in 2019.
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May 06, 2025
Colgate-Palmolive Will Mediate ERISA Suit After $300M Loss
Colgate-Palmolive Co. and pensioners who said they were underpaid by $300 million told a New York federal court Tuesday that they will attempt to mediate their federal benefits lawsuit after the Second Circuit upheld a judgment against the consumer products company.
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May 06, 2025
Bakery Driver Agrees To Drop Teamsters Benefits Fight
A delivery driver and a Philadelphia Teamsters local will drop their dispute over whether the driver was wrongfully denied early retirement benefits, the parties announced Monday.
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May 06, 2025
6th Circ. Backs End To Auto Co. 401(k) Fee Suit
The Sixth Circuit affirmed on Tuesday the dismissal of a proposed class action from Denso International America Inc. workers who alleged mismanagement of their 401(k) plan, backing a Michigan federal court's decision to toss excessive recordkeeping fee claims against the auto parts manufacturer for a lack of specifics.
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May 06, 2025
UBH Can't Escape Residential Treatment Coverage Suit
United Behavioral Health can't dodge a proposed class action claiming it used restrictive guidelines and bundled reimbursement requests to deny claims for residential mental health treatment, with a California federal judge saying plan participants' allegations were detailed enough to stay in court.
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May 06, 2025
Buchanan Adds Senate Health Policy Vet To Gov't Practice
Buchanan Ingersoll & Rooney PC has hired the majority staff director of the U.S. Senate's Health, Education, Labor and Pensions Committee who aided Republican lawmakers, including its chair, Sen. Bill Cassidy, in advancing health policy legislation.
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May 06, 2025
Genworth Urges 4th Circ. To Decertify 'Fractious' 401(k) Class
Genworth Financial asked the Fourth Circuit to disband a class of 4,000 retirement plan members who said underperforming BlackRock target-date funds ate into their savings, saying each class member's situation would require individualized review.
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May 06, 2025
Aviation Co. Says Workers' Class Action Too Broad
Former employees' bid to certify a class of more than 200 individuals who were abruptly terminated should be rejected, an aviation company told a Florida federal court, saying none of the proposed members reported to the same site and some of the workers were rehired.
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May 05, 2025
Are Circuits Suddenly Split 11-1 Over Forum Selection Fights?
Holy split! That exclamation would be a reasonable reaction to a new and lopsided divide described by industrial giant Honeywell, which contends that the Seventh Circuit abruptly and erroneously broke with all its sister circuits regarding enforcement of forum selection clauses.
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May 05, 2025
High Court Urged To Back HHS Authority On Preventive Care
The federal government urged the U.S. Supreme Court on Monday to overturn a Fifth Circuit ruling that found the U.S. Department of Health and Human Services' secretary lacked authority over a preventive healthcare services task force, arguing the HHS secretary's oversight stemmed from multiple laws and precedent.
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May 05, 2025
UnitedHealth Tells Court Not To Review Special Master Report
A special master rightly determined that no reasonable jury could render a verdict for the U.S. Department of Justice in a massive False Claims Act case targeting Medicare Advantage plans operated by UnitedHealth, the health insurance company told a D.C. federal judge.
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May 05, 2025
Trump Admin Urges Dismissal Of States' Abortion Pill Suit
The Trump administration on Monday asked a Texas federal judge to dismiss a lawsuit seeking to roll back access to the abortion medication mifepristone, contending the three states pursuing the case waited too long to file and are suing in the wrong jurisdiction.
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May 05, 2025
Fla. Judge Wants Briefs In ACA Trans Health Fight
A Florida federal judge Monday requested briefing from the U.S. Department of Health and Human Services and the state of Florida on how to handle a suit challenging the Biden administration's regulations clarifying gender identity-based discrimination under the Affordable Care Act.
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May 05, 2025
Ex-Twitter Execs Can See Some Musk Texts In Severance Row
Four former Twitter executives claiming they are owed $200 million in severance will be able to conduct a search of Elon Musk's text messages, but only when it comes to iMessage and not other messaging platforms like Signal, a California federal judge ruled.
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May 05, 2025
Late Amazon Worker's Life Insurance Suit Delayed By 2 Months
An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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Justices Likely To Stay In ERISA's Bounds On Pleadings
The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.