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Benefits
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June 06, 2025
Attys Seek $23M Cut Of $69M UnitedHealth 401(k) Settlement
Lawyers for a UnitedHealth Group employee who struck a $69 million deal to settle a class action claiming the company mismanaged its 401(k) plan asked a Minnesota federal judge to approve $23 million in attorney fees, arguing the amount aligns with those approved in other cases.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
9th Circ. Broadens Test For ERISA Claim Releases
The Ninth Circuit on Thursday reversed a finding that releases signed by two former microchip manufacturer employees bar them from leading a class action over claims the company illegally revoked its severance program, finding that the court should consider whether the company breached its fiduciary duty in obtaining the releases.
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June 05, 2025
Red States Double Down On Bid To Stymie Trans Health Rule
More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.
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June 05, 2025
4 AGs Urge FDA To Lift Abortion Pill Restrictions
Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.
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June 05, 2025
Liberty Mutual Must Face Retirement Plan Class Action
Liberty Mutual can't knock out a class action claiming it saddled its employee 401(k) plan with high fees and deficient investment options, a Massachusetts federal judge ruled Thursday, saying workers had demonstrated the company's actions cost them money.
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June 05, 2025
NJ Judge Trims Pool Equipment Maker Shareholder Suit
A New Jersey federal judge has dismissed some claims in a proposed investor class action alleging pool supply company Hayward Holdings Inc. concealed it was struggling with ballooning inventory and lowered demand, but ruled that some of the claims, including the claims against the company's consortium, can continue.
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June 05, 2025
Attorney's FMLA Suit Against Va. City Headed To Trial
A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
Walgreens Says No Standing In Suit Over Tobacco Surcharge
Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
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June 05, 2025
Justices Fault Wis. For Denying Tax Break To Charities
Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.
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June 04, 2025
Calif. Won't Get Insulin Pricing Case Sent Back To State Court
The New Jersey federal judge overseeing multidistrict litigation accusing Express Scripts, CVS Caremark and other pharmacy benefit managers of conspiring to fix the prices of insulin on Wednesday refused to ship a case brought by the state of California back to state court.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
Heart Device Maker iRhythm Gets Investor Claims Trimmed
A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.
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June 04, 2025
Judge Halts Fla. Law Over Medicaid Ballot Initiative Concerns
A Florida federal judge on Wednesday blocked state officials from enforcing part of a new law that opponents say threatens to criminalize those collecting signatures for a 2026 ballot initiative to expand Medicaid access.
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June 04, 2025
NJ Man Cops To Dodging $2M Tax Bill On Real Estate
A New Jersey man linked to an intricate pension plan scheme involving refunds from the Dutch government pled guilty to evading more than $2.4 million in U.S. taxes by concealing ownership of more than $5.5 million in real estate, the U.S. Department of Justice said Wednesday.Â
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June 04, 2025
DC Judge Weighs Harm In Teen Program Funding Fight
A D.C. federal judge on Wednesday seemed unconvinced by Planned Parenthood's assertion that new federal grant requirements for a public health initiative aimed at preventing teen pregnancy are harmful enough to warrant a preliminary injunction.
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June 04, 2025
Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown
More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.
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June 03, 2025
BlackRock, Vanguard Want Red States' Coal Suit Extinguished
Asset managers BlackRock Inc. and The Vanguard Group Inc. have urged a Texas federal judge to toss a suit brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," arguing the case rests on "implausible premises."
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
Plan Providers Must Face DOJ Overpayment Suit, Judge Says
A Maine federal judge refused to let five military healthcare plan providers escape a False Claims Act suit alleging that they knowingly pocketed millions of dollars that were overpaid, holding that U.S. Department of Justice claims against them pass muster for now.
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June 03, 2025
InnovAge To Pay $27M To Resolve IPO Investors' Suit
InnovAge Holding Corp. and a class of stockholders have agreed to a $27 million settlement to resolve claims that the senior-health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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June 03, 2025
Feds Extend Pause On Fight Over Short-Term Insurance Regs
The Trump administration can have more time to develop a replacement for regulations that made it harder to offer short-term health insurance plans, a Texas federal judge said, rejecting a trade group's argument that keeping their legal challenge on ice wasn't justified.
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June 03, 2025
WTO Useful For China Enforcement, US Trade Nominee Says
The U.S. should work with partners at the World Trade Organization to apply further trade pressure on China, making sure the country is complying with rules and trading fairly, a Skadden partner nominated by President Donald Trump to represent the U.S. at the WTO told lawmakers Tuesday.
Expert Analysis
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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.
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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.