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Benefits
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July 14, 2025
Marriott Gets Worker's Wage Suit Tossed, For Now
A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Fla. Says High Court Rulings Back Trans Care Medicaid Ban
Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.
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July 14, 2025
Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated
A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.
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July 14, 2025
Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact
The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
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July 11, 2025
VA Watchdog Says Burn Pit Claims Denials Still Had Errors
The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says
A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
AT&T Can't Escape Suit Over Pension Plan's Mortality Data
AT&T must face a proposed class action claiming it miscalculated married couples' pension benefits, a California federal judge ruled, saying workers leading the suit provided evidence that the telecommunications company's use of decades-old mortality data and interest rates was unreasonable.
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July 11, 2025
2 Firms Tapped To Lead Regeneron Investor Suit
Labaton Keller Sucharow LLP and Motley Rice LLC have been named lead counsel in a proposed securities class action accusing Regeneron Pharmaceuticals Inc. and its executives of misleading investors about its revenue prospects for its vision loss drug and inflating reimbursements.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
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July 10, 2025
2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling
The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.
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July 10, 2025
DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit
The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.
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July 10, 2025
Stitch Fix Must Face Most Claims In Investor Action
A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.
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July 10, 2025
Texas Judge Partially Voids DOL's ERISA Rollover Rule
A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.
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July 10, 2025
5 Employee Benefits Takeaways On The GOP Tax Bill
Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.
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July 09, 2025
Iowa Urges Judge Not To Block Law Regulating PBMs
The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.
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July 09, 2025
10th Circ. Backs Insurance Co. In Disabled Worker's Fee Fight
The Tenth Circuit declined to revive a disabled worker's suit claiming a life insurance company owed her attorney fees after she successfully challenged its decision to cancel her benefits, ruling that federal law doesn't allow her to sue for legal expenses if a benefit dispute doesn't go to court.
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July 09, 2025
Plan Administrator Seeks To Toss Union's Pension Error Suit
A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.
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July 09, 2025
Holland & Knight Insurer's COVID Benefits Denial Upheld
A Colorado federal judge on Wednesday handed an insurance company a win in a Holland & Knight LLP attorney's federal benefits lawsuit alleging she was wrongly denied long-term disability benefits after a COVID-19 infection left her unable to work, concluding substantial evidence supported the insurer's decision.
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July 09, 2025
Wilson Sonsini Adds Cooley Benefits Atty In San Diego
Wilson Sonsini Goodrich & Rosati PC is expanding its corporate team, announcing Tuesday it is bringing in a Cooley LLP compensation and benefits expert as a partner in its San Diego office.
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Opinion
Congress Should Expand Investment Options For 403(b)s
Lawmakers should pass pending legislation to give 403(b) plan participants access to collective investment trusts, leveling the playing field for public sector retirement investors by giving them an investment option their private sector counterparts have had for decades, says Jason Levy at Great Gray Trust Company.