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Benefits
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May 14, 2025
Judge Orders Boeing To Share Disclosures, Allow Depositions
A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.
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May 14, 2025
Starbucks, Ex-VP Settle $830K Bonus Repayment Suit
Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.
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May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.
Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
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May 13, 2025
Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit
Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.
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May 13, 2025
Industrial Retailer Misused Forfeited 401(k) Funds, Suit Says
Industrial supply company W.W. Grainger Inc. unlawfully used forfeited 401(k) funds to reduce its contributions to the retirement plan rather than cover expenses, costing plan participants millions of dollars in potential retirement benefits, according to a proposed class action in Illinois federal court.
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May 13, 2025
UnitedHealth Says Lack Of Contract Sinks Coverage Suit
UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.
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May 13, 2025
SEC's Uyeda Encourages Opening 401(k)s To Private Assets
U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.
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May 13, 2025
Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid
After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.
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May 13, 2025
11th Circ. Eyes Restarting Seafood Workers' ESOP Suit
The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.
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May 13, 2025
1st Circ. Vacates $10M Severance Win Over Drafting Error
The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.
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May 13, 2025
Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions
A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.
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May 13, 2025
NFL Benefits Plan Throws Flag On Atty Fee Award To Player
Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.
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May 13, 2025
Howard Agrees To End Retiree's Mortality Table Suit
Howard University has agreed to settle a proposed class action claiming its use of decades-old mortality data to calculate retirement benefits unlawfully reduced retirees' payouts, according to a filing in D.C. federal court.
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May 13, 2025
Employee Benefits Partner Joins Seyfarth From McDermott
Seyfarth Shaw LLP has added an employee benefits partner in Chicago who spent the past 19 years at McDermott Will & Emery LLP.
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May 12, 2025
Ex-Twitter Workers Say Musk Reneged On Severance Promise
Four former Twitter employees in Illinois filed a lawsuit in federal court on Monday, the latest to launch federal contract claims against Twitter, Elon Musk and his newly named X platform over Musk's allegedly illegal decision to pay laid-off workers less severance than was promised for the first year post-acquisition.
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May 12, 2025
UAW Drops Claim Over Frozen Unemployment Benefits
The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.
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May 12, 2025
Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit
Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.
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May 12, 2025
Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order
A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
United Health Inks $9.3M Deal In Cancer Treatment Denial Suit
United Healthcare has agreed to pay up to $9.3 million to end a proposed class action alleging it refused to cover a proton beam cancer radiation treatment by incorrectly deeming the therapy experimental, according to a Massachusetts federal court filing.
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May 12, 2025
Agencies Win Stay Of Mental Health Parity Rule Suit
A D.C. federal court on Monday agreed to stay a suit from a benefits-focused employer trade group seeking to block a recently finalized mental health parity rule, after the DOL and other federal agencies told the court they plan to rescind or modify the rule.
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May 12, 2025
Red Cross Strikes Deal In Suit Over 401(k) Funds, Fees
The American National Red Cross has agreed to pay $950,000 to resolve a suit claiming it cost workers millions in savings by keeping underperforming funds in its $1.2 billion retirement plan and allowing high fees, according to a D.C. federal court filing.
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May 12, 2025
NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal
A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
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May 09, 2025
Funds Fight GM Push For 2nd Look At Bid To Toss Cruise Suit
Investor plaintiffs have told a Michigan federal judge that General Motors shouldn't get a second chance to avoid proposed class claims alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.
Expert Analysis
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Disability Ruling Guides On Cases With Uncertain Causation
In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.
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Tax-Free Ways To Help Employees After The LA Wildfires
Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Rethinking How To Engage Shareholders, Activists Via Proxies
This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.