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Benefits
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September 24, 2025
Execs Breached Danish Deal In $2B Tax Case, Court Says
Three men claiming to be pension plan executives who struck a civil settlement with the Danish taxing authority over their role in a $2 billion tax fraud scheme breached their settlement agreement, a New York federal court found, saying the men had not paid back the amount they promised.
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September 24, 2025
Trans Youth Care Ban Discriminatory, Mo. High Court Hears
The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.
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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.
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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.
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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.
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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.
Expert Analysis
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.