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Benefits
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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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.