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Benefits

  • August 27, 2025

    3rd Circ. Backs Special Master In NFL Concussion Fee Fight

    The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.

  • August 27, 2025

    Waste Management Gets Initial OK For $30M Settlement

    Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.

  • August 27, 2025

    2nd Circ. Partially Revives Suit Over Peloton COVID-19 Sales

    A split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable.

  • August 27, 2025

    Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight

    The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.

  • August 27, 2025

    7th Circ. Denies Alcoa's Bid To Stay Health Benefits Injunction

    An aluminum manufacturer must comply with an injunction ordering it to reinstate union-represented retirees' healthcare benefits while it argues in court that it was allowed to transition them to health reimbursement accounts in 2021, the Seventh Circuit held, rejecting the company's request for the court to pause the injunction.

  • August 27, 2025

    Investors Push 4th Circ. To Revive Auto Parts Fraud Suit

    Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.

  • August 27, 2025

    CVS To Pay $12M To Settle Mass. Medicaid Overbilling Claims

    CVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday.

  • August 27, 2025

    JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund Suit

    A New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release.

  • August 27, 2025

    Home Depot Avoids Ex-Worker's 401(k) Forfeiture Suit

    A Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law.

  • August 27, 2025

    Plantronics Investors Get Final OK For $29.5M Settlement

    Investors in electronics company Plantronics have gotten final approval for their $29.5 million deal ending class action claims the company engaged in a "channel-stuffing" scheme to bolster its revenues, hurting investors when trading prices fell after it acknowledged fallout from the scheme.

  • August 26, 2025

    Five Below Beats Some Investor Claims On Growth Potential

    A Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things.

  • August 26, 2025

    Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit

    Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.

  • August 26, 2025

    DC Circ. Backs HHS In Low-Income Patient Payment Dispute

    The D.C. Circuit has delivered a blow to a group of hospitals in a recent decision finding they had challenged a key component of their Medicare reimbursements too early, despite hospital associations' warnings that such a ruling could slow healthcare providers' ability to seek review and "ultimately harm" patients.

  • August 26, 2025

    X Corp. Settles WARN Act Suit With Worker Terminated In 2022

    A former X Corp. employee has settled its lawsuit alleging that he wasn't given a heads-up before the company conducted mass layoffs in 2022 following Elon Musk's takeover, prompting a California federal judge to conditionally dismiss the case on Monday, two weeks before trial had been set to begin.

  • August 26, 2025

    Reinsurer Says Aspen Owes Over $400M For Breaches

    A Bermuda-based reinsurer told a Connecticut state court that Aspen Insurance entities have continually breached their contractual obligations under a 2022 reinsurance agreement resulting in over $400 million in damages.

  • August 26, 2025

    BofA, Merrill Want Deferred Compensation Fight Moved To NC

    Two former Merrill Lynch financial advisers who claim they were deprived of their deferred compensation must litigate their case in North Carolina, the wealth management company told a New Jersey federal judge, citing a forum selection clause in their compensation agreements.

  • August 26, 2025

    Cigna Strikes ERISA Ghost Network Suit Settlement Deal

    Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.

  • August 26, 2025

    Foley Hoag Adds Healthcare Co-Leader From Manatt

    Foley Hoag LLP has hired the former president and CEO of the National Hospice and Palliative Care Organization as the new co-chair of its healthcare department.

  • August 26, 2025

    Trucking Co. Strikes Deal To End Class Suit Over 401(k) Fees

    Knight-Swift Transportation reached a deal to settle a 23,500-member class action claiming the trucking business failed to rein in excessive fees charged to workers in its $432 million retirement plan, according to a filing in Arizona federal court.

  • August 25, 2025

    Texas Stock Exchange Wants In On Proxy Advisory Lawsuit

    The Texas Stock Exchange and Texas Association of Business have moved to intervene in two lawsuits that proxy advisory firms have filed against Texas Attorney General Ken Paxton over a state law restricting the firms, aiming to back up the law known as Senate Bill 2337.

  • August 25, 2025

    Pa. Worker Who Quit After Public Insults Can Get Benefits

    A Pennsylvania township supervisor's verbal abuse of an employee and her husband at an open meeting was harsh enough that the employee's resignation did not disqualify her from getting state unemployment benefits, a split Pennsylvania Commonwealth Court panel has ruled.

  • August 25, 2025

    ​​​​​​​Booted Air Force Officers Seek Pay, Benefits

    Nearly 50 ex-U.S. Air Force members told a federal claims court that the federal government stiffed them on pay and benefits after the military branch walked back a retention policy that would have allowed them to avoid getting kicked out of the force when they lost out on promotions.

  • August 25, 2025

    Debevoise Wants Fired Atty's Suit Arbitrated Or Terminated

    Debevoise & Plimpton LLP has told a Manhattan federal judge it wants to arbitrate a suit by a former attorney in its international dispute resolution practice group who claims he was wrongfully fired after taking medical leave, arguing the two sides already settled the dispute.

  • August 25, 2025

    Judge Says Alcoa Must Reinstate Nixed Retiree Benefits

    An Indiana federal judge ordered Alcoa to revive its company-provided life insurance benefits for a group of retirees after they claimed the aluminum production company illegally ditched the program that had been enshrined in collective bargaining agreements.

  • August 22, 2025

    Boeing Fights Disability Bias Suit Over Ratification Bonus

    A Washington state court should toss allegations that Boeing violated anti-discrimination law by excluding workers on long-term disability leave from a $12,000 contract ratification bonus, the aerospace giant argued, calling the proposed class action claims preempted by Section 301 of the Labor-Management Relations Act.

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Del. Ruling May Redefine Consideration In Noncompetes

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    The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

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