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Benefits
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August 22, 2025
Judge Blocks Most ACA Rule Changes, Lets Others Proceed
A Maryland federal judge Friday largely froze the Trump administration's changes to Affordable Care Act regulations, handing a win to three cities, a coalition of doctors and a small business advocacy group that contend the changes would cause at least 1.8 million people to lose their healthcare coverage.
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August 22, 2025
Tech Co. Strikes $1.6M Deal To End 401(k) Fee Suit
Financial technology company Jack Henry & Associates has agreed to pay $1.6 million to resolve a proposed class action claiming it cost workers millions in retirement savings by failing to rein in expensive management fees and neglecting to dump a risky investment fund, according to a filing in Missouri federal court.
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August 22, 2025
Shopify, Sales Workers End Commission, OT Suit
A California federal judge agreed to conclude a suit accusing e-commerce company Shopify of a slew of California Labor Code violations, including misclassifying sales employees as overtime-exempt and having an illegal commissions plan.
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August 22, 2025
PE Industry Primed To Capitalize On Trump 401(k) Order
The Trump administration recently said it would reduce regulatory obstacles to retirement plans investing in alternative assets such as private equity, and while attorneys cautioned it could carry risks, they generally applauded the move towards "democratizing capital."
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August 21, 2025
6th Circ. Reinstates Fired USPS Worker's Medical Leave Suit
The Sixth Circuit on Thursday told a lower court to reassess a fired USPS employee's medical leave suit alleging the agency illegally faulted him for sickle cell anemia-related absences, saying the trial judge erred by using a doctor's estimate to cap his time off.
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August 21, 2025
American Airlines Knocks Out Class Cert. In Military Leave Suit
A Pennsylvania federal judge has granted American Airlines' bid to revoke class certification in a suit alleging the airline unlawfully denied pilots pay and profit-sharing credit for time spent on military leave, agreeing the case raises too many individual questions.
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August 21, 2025
CVS, Drugmakers Illegally Inflated Insulin Prices, City Claims
Drugmakers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, and others have been hit with civil racketeering and state unfair trade practices law claims by the city of Torrington, Connecticut, over an alleged scheme to inflate insulin prices.
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August 21, 2025
Workers Snag Deal In $500M Twitter Severance Suit
Social media platform X has agreed to settle a suit accusing it of owing workers $500 million in severance after Elon Musk took the reins of the company while it was still named Twitter, the two workers suing and the entity told the Ninth Circuit.
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August 21, 2025
Employer Plans In Limbo As Courts Grapple With Trans Care
Despite appellate courts' apparent willingness to allow states to ban gender-affirming care for minors, employers are still waiting for clarity on whether federal anti-discrimination laws require health plans to cover transgender healthcare access, experts say.
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August 20, 2025
Judge OKs $675K Deal In Schnader Harrison ERISA Suit
A Pennsylvania federal judge has given preliminary approval to a $675,000 settlement of claims that former Schnader Harrison Segal & Lewis LLP allegedly misdirected money meant for attorneys' retirement accounts to stay afloat.
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August 20, 2025
Northwell Health Inks $2.75M Deal In 403(B) Suit
New York healthcare giant Northwell Health Inc. has agreed to pay $2.75 million to end a former employee's claims it breached its fiduciary duties to participants and beneficiaries in its retirement plan by allegedly saddling workers with excessive recordkeeping fees and offering an underperforming fund.
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August 20, 2025
Masimo's 'Empty Voting' Suit Against Founder Gets Green Light
A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.
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August 20, 2025
Argent To Shell Out $4.5M To Exit Workers' ESOP Suit
Argent Trust Co. will pay $4.5 million to exit a class action alleging it approved a sale of undervalued shares in an electrical component company's employee stock ownership plan in a deal to shut the program down, according to a filing in Massachusetts federal court.
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August 20, 2025
Bakery Wants 11th Circ. To Rehear $15.6M Union Pension Row
An Eleventh Circuit panel should rethink its split decision to hold a wholesale bakery liable for up to $15.6 million in payments to the union pension fund it withdrew from, the bakery argued Wednesday, saying the case is of great consequence for pension law interpretation and deserves a second look.
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August 20, 2025
Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says
The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the district court misapplied U.S. Supreme Court precedent regarding the materiality of withheld information.
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August 20, 2025
Honeywell Ex-Worker Appeals 401(k) Forfeiture Suit Toss
A former employee for Honeywell will seek Third Circuit review of a New Jersey federal judge's decision to toss a proposed class action alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses.
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August 20, 2025
CVS PBM Overbilling Judgment Trebled To $290M
A Pennsylvania federal judge has increased threefold a judgment against CVS Caremark from $95 million to $290 million for overbilling Medicare Part D-sponsored drugs.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Inovalon Investor Suit Over $7.3B Nordic Deal Gets Class Cert.
A Delaware chancellor has certified a class of Inovalon Holdings common stockholders who challenged the $7.3 billion go-private sale of the company to Nordic Capital and claimed Inovalon failed to disclose that the investors who bought it paid $400 million in fees to its financial adviser before the transaction.
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Novo Nordisk Gets Forfeiture Claims Cut From 401(k) Suit
A New Jersey federal judge on Tuesday dismissed workers' allegations that Novo Nordisk unlawfully used forfeited funds in its $2.3 billion 401(k) plan for its own benefit and kept a shoddy fund on its investment roster, leaving an excessive fee claim in play.
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August 19, 2025
Bad Citations Aren't Always Sanctionable, Wash. Atty Argues
An attorney in Washington state vowed on Tuesday to appeal harsh sanctions an Arizona federal judge meted out Thursday over fake and misleading citations she included in an opening brief, releasing a statement arguing that the court's order "treats the mere existence of AI-hallucinated citations as an automatic violation" but "that is not what Rule 11 requires."
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August 19, 2025
Judge Backs Deal To Overhaul NY Kids' Mental Healthcare
A New York federal judge has given the green light to allow the state to revamp its Medicaid mental health services for children to expand greater in-home and crisis care to prevent the institutionalization of kids.
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August 19, 2025
Fanatics, NFT Co. Get Parental Leave Suit Narrowed
Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.
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August 19, 2025
CSX To Shell Out $440K In DOL Retirement Plan Fee Suit
CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.
Expert Analysis
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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Justices Likely To Stay In ERISA's Bounds On Pleadings
The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.