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Benefits
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September 24, 2025
4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court
A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 24, 2025
Data Storage Provider Reaches Deal To End 401(k) Suit
An information storage and management provider and 401(k) plan participants who claimed the company mismanaged their retirement savings have agreed to end their court battle, according to a filing in Massachusetts federal court.
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September 24, 2025
Amtrak Beats Retired Worker's Suit Over Benefits Reversal
A Rhode Island federal judge dismissed an ex-Amtrak employee's suit claiming the company illegally rolled back medical care reimbursement benefits that the rail service said it mistakenly granted him in retirement, finding he wasn't entitled to the extra credits under the plan's terms.
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September 23, 2025
Jersey City, Mayor Pare Back Fired Aide's Retaliation Suit
A New Jersey federal judge knocked two whistleblower claims off a lawsuit brought against Jersey City and its mayor, Stephen Fulop, by one of his former aides who alleged he was dismissed for questioning the city's investment in cryptocurrency and for supporting his conservative sister's political campaign.
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September 23, 2025
Ex-Discover Financial Exec Can Pursue Equity Clawback Suit
An Illinois federal judge has rejected a bid to toss a retired Discover Financial Services executive's age and gender discrimination lawsuit, finding she has sufficiently alleged at this point that she faced disparate treatment tied to her sex and that Discover's arguments against her age discrimination claim don't hold weight.
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September 23, 2025
Fla. Panel Upholds Verdict For Insurer In Bad Faith Dispute
A Florida state appeals court affirmed the verdict in favor of an insurance company in a widow's lawsuit alleging its conduct following her husband's death led to a $13.5 million excess judgment, saying a jury was given proper instructions.Â
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September 23, 2025
Stem Cell Co. Beats Investor Suit Over Failed Janssen Collab
Biopharmaceutical company Fate Therapeutics Inc. has shed a proposed investor class action alleging it concealed manufacturing challenges, precipitating the blowup of a potentially lucrative partnership, after a San Diego federal judge found its investors failed to show how their losses were caused by the company's alleged misstatements.
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September 23, 2025
Cybersecurity Co.'s Projections Were Inflated, Investor Says
Cybersecurity company Fortinet was hit with a proposed securities class action accusing it of overstating an expected revenue boost related to customer software upgrades, saying its executives knew the projections were unrealistic.
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September 23, 2025
Former NJ Workers' Comp Judge's Firing Suit Trimmed
New Jersey has been granted partial summary judgment in its defense of a suit from a former workers' compensation judge who alleges that she was unconstitutionally removed from her job, with a state judge tossing her due process claims but letting certain discrimination claims proceed.Â
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September 23, 2025
DOL Greenlights Guaranteed Income Investments In 401(k)s
The U.S. Department of Labor's employee benefits arm issued guidance Tuesday making clear that employers can offer lifetime income insurance products as a default investment in 401(k) plans, responding to an executive order by President Donald Trump calling for expanded access to nontraditional retirement plan assets.
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September 23, 2025
Pa. Health Network To Pay $1.15M In 401(k) Forfeiture Suit
A Pennsylvania health system agreed to pay workers $1.15 million to resolve a federal suit alleging it unlawfully used forfeited retirement plan funds to satisfy its contribution obligations and allowed workers to be overcharged for plan administrative fees.
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September 22, 2025
National Instruments Investors Granted Class Cert.
A New York federal judge has certified a class of investors who sold National Instruments Corp. stock during two windows in 2022 while the company was repurchasing shares and considering an acquisition offer, finding that reliance can be presumed and damages can be measured on a class-wide basis, among other things.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.Â
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September 22, 2025
Fla. Judge Rejects DOL's $440K ERISA Deal With CSX
A Florida federal judge rejected a proposed a $440,000 settlement between CSX Transportation Inc. and the U.S. Department of Labor to end a lawsuit alleging the railroad operator unlawfully deducted fees from employee retirement funds, saying the deal contains an "obey the law" provision that conflicts with Eleventh Circuit precedent.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Cruz Urges Trump To Back Pilot Retirement Age Increase
Sen. Ted Cruz, R-Texas, urged the White House to support a proposal that would raise an international aviation agency's standard for pilot retirement age from 65 to 67, saying the arbitrary age limit makes flying more dangerous and expensive.
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September 22, 2025
Alorica 401(k) Participants Win ERISA Class Cert.
A California federal judge agreed Monday to certify a class of participants in business process company Alorica's 401(k) plan who alleged that high fees and poorly performing investments violated federal benefits law, holding that the proposed 4,000-member group had enough in common to warrant the court's signoff.
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September 22, 2025
Ex-Anadarko Manager Settles Severance Denial Suit
A former Anadarko Petroleum project manager settled his lawsuit claiming he was unlawfully denied severance benefits when he resigned following the oil and gas company's 2019 acquisition by Occidental Petroleum, according to a Monday filing in Colorado federal court.
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September 22, 2025
Porsche Crash Suit Isn't Double Recovery, Conn. Justices Told
A Porsche driver who suffered property damage losses after another man struck him wouldn't score a double recovery if allowed to challenge Nationwide, his own insurer, for separately pursuing the driver allegedly at fault, the Connecticut Supreme Court heard Monday.
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September 22, 2025
CVS's Omnicare Hits Ch. 11 After $949M FCA Judgment
Omnicare LLC, CVS Health's subsidiary that provides pharmacy services for long-term care facilities, filed for Chapter 11 bankruptcy relief Monday in Texas following a $949 million judgment against Omnicare and CVS issued by a New York federal judge earlier this year.
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September 22, 2025
DOJ, College Reach Deal On Servicemembers' Job Rights
A community college in Kansas struck a deal to resolve the federal government's allegations that it unlawfully fired an Army National Guard officer after his return from active duty, the U.S. Department of Justice said Monday.
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September 22, 2025
Anthem's $12.9M ERISA Deal Clears First Hurdle
A New York federal judge has granted preliminary approval to a nearly $12.9 million settlement resolving claims that Anthem wrongfully denied coverage for residential behavioral health treatment under employer-sponsored health plans.
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September 22, 2025
Mayo Clinic Can't Fully Nix Suit Over Withheld Benefits Info
The Mayo Clinic and its benefits administrator can't entirely escape a worker's suit claiming they pushed her to work with pricey out-of-network providers and wouldn't provide reimbursement estimates, after a Minnesota federal judge said she supported some federal benefits law claims with enough detail to remain in court.
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September 19, 2025
Ga. Providers Seek Exit From 'Conspiratorial' BCBS Fraud Suit
Healthcare consulting firm HaloMD and several providers urged a federal judge Friday to toss a lawsuit from Blue Cross Blue Shield of Georgia accusing them of abusing a federal dispute resolution process for surprise medical bills, arguing the insurer's suit offers little more than "inflammatory, conspiratorial rhetoric."
Expert Analysis
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.