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Benefits

  • April 30, 2025

    Barclay Damon Continues Growth With Morrison Cohen Hire

    Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • A Guide To Long-Term, Part-Time Employee Determinations

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    With final regulations under the Secure Act requiring 401(k) retirement benefits for long-term, part-time employees expected soon, Amy Sheridan and David Guadagnoli at Sullivan & Worcester look at how the proposed rules would shift the risk-reward calculus on excluding categories of employees, and what plan sponsors would need to consider when designing retirement plans.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Why Calif. Courts Are Split On ERISA Forfeited Contributions

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    A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • American Airlines ESG Ruling Could Alter ERISA Landscape

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    The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.

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