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Benefits
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July 28, 2025
Labaton Tapped To Lead Venture Global Investor Suit
Labaton Keller Sucharow LLP will lead a proposed class of investors in energy company Venture Global Inc. in a suit alleging the company hid production issues and cost overruns at its Louisiana natural gas liquefaction and export projects ahead of its $1.75 billion initial public offering in January.
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July 28, 2025
EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit
An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.
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July 28, 2025
Rocket Cos. Investor Ends Fraud Suit After Class Cert. Denial
A pension fund that had previously attempted to lead a suit in Michigan federal court against Rocket Companies Inc. has agreed to drop all its claims in the shareholder litigation accusing the mortgage business of concealing a downturn in loan volume.
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July 28, 2025
PBMs Can't Escape NY State Law Claims In Opioid MDL
Two UnitedHealth subsidiaries cannot escape claims that they exacerbated the opioid crisis by providing data analytics and consulting services to drugmakers, a federal judge overseeing the multidistrict litigation ruled on Monday, saying the New York state municipalities have adequately alleged RICO by claiming they were part of the same criminal conspiracy.
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July 28, 2025
Fiserv Misled Investors On Platform Growth, Suit Says
Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.
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July 28, 2025
Express Scripts, Prime Urge Court To Toss Mich. Price-Fix Suit
Two pharmacy benefit managers sought to shake allegations of price-fixing brought by Michigan Attorney General Dana Nessel, arguing Friday that her antitrust suit suffers from several fatal legal flaws, including that the state does not have standing to sue on pharmacies' behalf.
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July 28, 2025
DOJ Probes NewYork-Presbyterian Over Antitrust Allegations
The U.S. Department of Justice has opened an investigation into NewYork-Presbyterian Healthcare System for allegedly violating antitrust laws by cutting deals with insurance companies that have led to rising healthcare costs, according to a subpoena viewed by Law360.
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July 28, 2025
DOL Seeks Small Biz Input On Pooled Retirement Plans
The U.S. Department of Labor asked small businesses for feedback Monday on whether there should be more conflict-of-interest guardrails on pooled employer retirement plans, and what barriers prevent employers from trusting the newly structured benefit vehicles.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
5th Circ. Backs Life Insurer's Denial Of Disability Benefits
A life insurance company did not abuse its discretion in discontinuing long-term disability benefits to a former employee of a payroll software provider after a review of updated medical records, the Fifth Circuit said, finding that substantial evidence supported the insurer's decision.
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July 25, 2025
4th Circ. Sends Power Plant Labor Row Back To Arbitration
The Fourth Circuit ruled Friday that Wheeling Power Co.'s attempt to vacate an arbitrator's finding of liability in favor of a coal plant's labor union was premature because the decision wasn't final when Wheeling Power took the issue to court.
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July 25, 2025
Los Angeles Seeks Early Win In Military Leave Bias Suit
The city of Los Angeles and the Los Angeles Police Department urged a California federal court Friday to grant them an early win in a proposed class action alleging the city didn't grant equal sick and vacation time to service members and wouldn't promote them because of their service obligations.
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July 25, 2025
Ex-Whataburger Worker Drops 5th Circ. Appeal In 401(k) Suit
A former employee of Whataburger dropped his Fifth Circuit bid to revive a proposed class action alleging mismanagement of an employee 401(k) plan Friday following a Texas federal court's decision tossing the case in November.
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July 25, 2025
Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say
Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.
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July 25, 2025
What To Watch As Attys Brace For 401(k) Private Equity Order
Benefits and asset management attorneys are anticipating an executive order from President Donald Trump aimed at expanding access to private equity investments in 401(k) plans, a potential move that's stoking excitement about added investment options and concerns about legal risks. Here are four things on experts' minds as they wait to see if the order materializes.
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July 24, 2025
Glass Lewis Sues Texas Over Proxy Advisory Restrictions Law
Proxy advisory firm Glass Lewis & Co. LLC sued Texas Attorney General Ken Paxton on Thursday over a recently passed state law that it argues requires the firm to "publicly condemn itself" when its advice for clients reflects certain viewpoints the government disfavors.
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July 24, 2025
Hospital Must Face Claims Of Mismanaging Retirement Funds
A Colorado federal judge on Thursday said a proposed class action will continue against a hospital over allegations of mismanaging employees' retirement funds after an amended complaint added new allegations about the fund's mismanagement.
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July 24, 2025
Lincoln National Beats Investor Suit Over $2.6B Loss, For Now
A Pennsylvania federal judge on Thursday tossed with leave to amend a proposed securities class action alleging that Lincoln National Corp. misled investors about its financial health before reporting a $2.6 billion net loss in 2022, finding that the investors didn't specify when Lincoln National had access to certain data and studies.
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July 24, 2025
Boeing Hit With Disability Bias Suit Over Bonus Exclusion
Boeing employees on long-term disability leave missed out on a $12,000 bonus distributed after workers ratified a union contract in September, a new proposed class action alleges, claiming that limits on who qualified for the bonus violated Washington state discrimination law.
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July 24, 2025
Raytheon Must Face Ex-Worker's Trimmed Severance Fight
A Massachusetts federal judge agreed to trim claims against Raytheon in a former employee's dispute over severance benefits, concluding claims of benefits retaliation failed to state a claim but that wrongful denial of benefits and fiduciary breach claims could proceed to discovery.
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July 24, 2025
DOL Relaunches Employer Self-Audit FLSA Program
The U.S. Department of Labor relaunched an employer self-audit program Thursday that supports employers that seek to resolve potential wage violations and avoid litigation — an initiative from the first Trump administration that was popular among employers.
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July 24, 2025
Seyfarth Shaw Employment Atty Jumps To Akerman In LA
Akerman LLP is boosting its employment team, bringing in a Seyfarth Shaw LLP class action litigator as a partner in its Los Angeles office.
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July 23, 2025
Pa. Justices Will Weigh Rollover For Other States' Pensions
The Pennsylvania Supreme Court will weigh whether a teacher's years of service in another state can count toward her Pennsylvania retirement benefits after she had already cashed out her retirement account from her previous state.
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July 23, 2025
Siemens Energy Failed To Cut Shoddy 401(k) Fund, Suit Says
A Siemens Energy employee said the company cost workers millions in retirement savings by failing to trim an underperforming fund from its $3 billion retirement plan and by using forfeited funds to pay for its match obligations instead of plan fees, according to his Texas federal suit.
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July 23, 2025
Symbria Workers' $5.9M ESOP Deal Gets Ill. Judge's Final OK
An Illinois federal judge gave his final blessing Tuesday to a $5.9 million settlement between Argent Trust Co. and a group of Symbria Inc. employees who accused the company of mismanaging their employee stock ownership plan.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.