Benefits

  • March 25, 2026

    Del. Chancellor Pauses Tesla Suit As Musk Cites LinkedIn Post

    The Delaware Chancery Court has paused a high-profile Tesla stockholder case following a recusal bid from Elon Musk and Tesla Inc. after a judge's LinkedIn account appeared to react to a post celebrating a recent California jury verdict against Musk, including language praising efforts to stand up to "the richest man in the world."

  • March 25, 2026

    Ecolab Trims But Can't Escape Mortality Table Pension Suit

    A Minnesota federal judge trimmed but refused to toss a proposed class action against Ecolab Inc. from retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated, holding that two early retirees who sued lacked standing and that a fiduciary breach claim was time-barred.

  • March 24, 2026

    2nd Circ. Won't Recharge Solar Panel Co. Investor Suit

    The Second Circuit won't revive a proposed investor class action alleging solar panel infrastructure company Array Technologies failed to convey the impact of certain heightened costs stemming from the COVID-19 pandemic.

  • March 24, 2026

    Biz Services Co. Faces ERISA Suit Over 'Tobacco Surcharge'

    Business services company Conduent unlawfully imposes health insurance surcharges on employees who use tobacco products, forcing them to pay more for coverage the company provides, a former employee and plan participant said in a proposed class action in New Jersey federal court.

  • March 24, 2026

    Union Fails To Shut Down Suit Over Retirement Plan Roster

    A carpenters union and its retirement plan manager failed in an early bid to defeat a class action claiming they violated federal benefits law by investing retirement plan assets in risky funds that lost more than $250 million, with a Washington federal judge saying the Ninth Circuit already determined that the workers have a viable claim.

  • March 24, 2026

    $5.7M Cigna Ghost Network Deal Receives Final Go-Ahead

    An Illinois federal judge gave his final sign-off Tuesday to a $5.7 million settlement in what he called an "interesting" case accusing Cigna of improperly advertising out-of-network providers as though they're in-network for certain benefit plans it administered.

  • March 24, 2026

    Health Co. Escapes Workers' 401(k) Forfeiture Suit In La.

    A Louisiana federal judge agreed to toss a federal benefits lawsuit against a health company from workers who alleged the company misspent forfeitures from their employee 401(k) plan, rejecting the workers' argument that funds should have gone toward defraying expenses instead of lowering employer-side contribution obligations.

  • March 24, 2026

    Union Fund Asks High Court To Preserve 2nd Circ. Win

    The U.S. Supreme Court shouldn't disturb a union pension fund's win in a multimillion-dollar dispute with the federal agency that bails out struggling pension funds, the fund's trustees have argued, asking the justices to reject the Pension Benefit Guaranty Corp.'s petition for review of a Second Circuit ruling.

  • March 24, 2026

    FTC To Mull Caremark Deal In PBM Insulin Pricing Case

    Federal Trade Commission staffers have asked to let the agency's commissioners consider a potential settlement with Caremark in a case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes, following a recent deal with Express Scripts.

  • March 24, 2026

    Ex-NRA Head Faces Sanctions Bid For Throwing Water At Atty

    The National Rifle Association asked a Florida federal judge to dismiss a suit from a former association president as a sanction because the former leader cursed at and threw water from her glass at the association's counsel when she was deposed this month.

  • March 24, 2026

    Justices Won't Review Class Cert. In Diabetes Drug Risk Case

    The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.

  • March 23, 2026

    J&J Amici Seek Clarity On Goldman Precedent For Class Cert.

    Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.

  • March 23, 2026

    Chemical Co. Beats Suit Over Pension Plan's Mortality Data

    Chemical manufacturer Olin Corp. has defeated a proposed class action alleging it shortchanged retirees' pension payments by relying on decades-old mortality data, with a Missouri federal judge saying federal benefits law doesn't dictate the information employers should use to calculate their plans' actuarial estimates.

  • March 23, 2026

    Trucking Co. Denied H-2A Workers Overtime, Suit Says

    A Texas trucking company denied H-2A workers overtime pay and misrepresented the nature of their work to qualify for the federal visa program, according to a proposed collective action filed Monday in federal court.

  • March 23, 2026

    Progressive Escapes Workers' Tobacco, Vaccine Fee Suit

    Allegations that Progressive Corp. wrongly charged higher health premiums from workers who used tobacco or refused the COVID-19 vaccination failed to state a claim for violating federal benefits law, an Ohio federal judge ruled as he tossed a proposed class action against the insurance giant.

  • March 23, 2026

    3rd Circ. Sides With Nuclear Plant Co. In Union Benefits Fight

    The Third Circuit on Monday sided with a nuclear power company in a dispute with an electrical workers union over contributions to employee healthcare premiums, holding that the union couldn't force issues out of court because their disagreement was outside the scope of the collective bargaining agreement's arbitration provision.

  • March 23, 2026

    Chicago Can't Ditch Airline Group's Sick Leave Law Challenge

    An organization representing the largest U.S. airlines supported its claims that Chicago's new paid sick leave law could affect air carriers' business, an Illinois federal judge said, keeping alive the group's challenge to the law.

  • March 23, 2026

    Health Insurers Can't Force Conn. ERISA Row Into Arbitration

    Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.

  • March 23, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.

  • March 23, 2026

    BJ's Says Pension Fund Oversteps With Climate Study Ask

    BJ's Wholesale Club told a Massachusetts federal judge that it cannot be forced to poll shareholders on whether the retailer should study the effects of deforestation on its supply chains, calling it an improper attempt at "micromanagement."

  • March 20, 2026

    Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme

    The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."

  • March 20, 2026

    Union Fund Gets Early Win In ERISA Audit Fight

    A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.

  • March 20, 2026

    Vein Restoration Co. Will Pay $4M To End False Claims Suit

    The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.

  • March 20, 2026

    Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred

    A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.

  • March 20, 2026

    Eye On ERISA: A Chat With King & Spalding's Darren Shuler

    Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.

Expert Analysis

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Navigating Executive Perk Enforcement Under Trump Admin

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    While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • Bipartisan Bill Could Aid ESOP Formation, Valuation Clarity

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    The proposed Retire through Ownership Act represents a meaningful first step toward clarifying whether transactions qualify under the adequate consideration exemption in the Employee Retirement Income Security Act, potentially eliminating the litigation risk that has chilled employee stock ownership plan formation, say attorneys at Moore & Van Allen.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Opinion

    SEC Should Restore Its 2020 Proxy Adviser Rule

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    Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

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