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Benefits
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May 05, 2025
Trump Admin Urges Dismissal Of States' Abortion Pill Suit
The Trump administration on Monday asked a Texas federal judge to dismiss a lawsuit seeking to roll back access to the abortion medication mifepristone, contending the three states pursuing the case waited too long to file and are suing in the wrong jurisdiction.
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May 05, 2025
Fla. Judge Wants Briefs In ACA Trans Health Fight
A Florida federal judge Monday requested briefing from the U.S. Department of Health and Human Services and the state of Florida on how to handle a suit challenging the Biden administration's regulations clarifying gender identity-based discrimination under the Affordable Care Act.
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May 05, 2025
Ex-Twitter Execs Can See Some Musk Texts In Severance Row
Four former Twitter executives claiming they are owed $200 million in severance will be able to conduct a search of Elon Musk's text messages, but only when it comes to iMessage and not other messaging platforms like Signal, a California federal judge ruled.
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May 05, 2025
Late Amazon Worker's Life Insurance Suit Delayed By 2 Months
An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.
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May 05, 2025
Clifford Chance Adds Paul Weiss Exec Compensation Atty In NY
Clifford Chance LLP has added a Paul Weiss Rifkind Wharton & Garrison LLP transactional attorney in New York as co-chair of its U.S. executive compensation practice, the firm announced Monday.
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May 05, 2025
Kaiser Permanente Escapes 401(k) Forfeiture Suit, For Now
A California federal judge tossed a proposed class action alleging Kaiser Permanente misspent forfeitures from an employee 401(k) plan, concluding the allegations failed to state a claim for a violation of federal benefits law.
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May 05, 2025
Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order
The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Retirement Co. Settles 401(k) Fee Suit After $38.8M Verdict
A retirement services company agreed to resolve a class action claiming it loaded a multiemployer 401(k) plan with exorbitant administrative fees, according to a New York federal court filing, less than two weeks after a jury said the company should pay the 27,000-member class $38.8 million.
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May 05, 2025
Hotel Management Co. Exits Pension Fund Withdrawal Battle
A company tapped to manage a hotel at the center of a $1.1 million withdrawal liability lawsuit between the City of San Jose and a UNITE HERE pension fund has reached a deal with the plan to exit the case, according to a California federal court filing.
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May 02, 2025
Texas-Led AGs Defend BlackRock Coal Investments Suit
A coalition of Republican states led by Texas are arguing that BlackRock Inc.'s public commitments to reducing its carbon footprint are evidence that it and two other leading asset managers teamed up to suppress the production of coal in the United States, asking a federal judge not to dismiss their case against the firms.
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May 02, 2025
Civil Rights Groups Told They Can't Block Trump's DEI Orders
A D.C. federal judge declined Friday to block executive orders from President Donald Trump canceling funding for diversity, equity and inclusion programs and contracts, ruling the orders haven't infringed on the missions of the three civil rights groups behind the suit beyond federally funded projects.
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May 02, 2025
United Airlines Beats Retirees' ERISA Suit, For Now
A federal judge in Chicago has freed United Airlines from a consolidated proposed class action retired employees filed accusing the company of locking them out of a generous retirement package, saying a company policy the retirees leaned on wasn't governed by the Employee Retirement Income Security Act.
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May 02, 2025
Ex-Twitter Execs, Co. Fight Over Musk's Texts Severance Row
Elon Musk, his social media platform X and four former company executives claiming they are owed $200 million in severance told a California federal judge that they disagreed on how the billionaire's phone should be searched for discovery purposes.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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May 02, 2025
X Reneged On Severance Promises, Laid-Off Mass. Workers Say
Six former Twitter employees in Massachusetts who were laid off after Elon Musk purchased and downsized the social networking giant say the company, now called X Corp., broke its promises to pay out severance in line with what was offered before Musk's takeover.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
Cos. Seek Court Input On $1.2M Payout After Worker's Murder
A Connecticut-based software services company and its employee benefits providers have asked a federal court to determine who should receive $1.2 million in payouts under plans issued to a systems analyst who was murdered by her husband, the beneficiary.
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May 02, 2025
Ex-Litigator, Wilson Elser Plan To Drop Bias Suit
An ex-Wilson Elser Moskowitz Edelman & Dicker LLP litigator who sued the firm for allegedly firing him over his disabilities appears to have settled with his former colleagues, with both parties telling a New York federal judge on Friday they plan to dismiss the case.
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May 02, 2025
Ariz. Utility Co., Retirees To Settle Mortality Data Suit
An electric utility holding company agreed to resolve a proposed class action claiming its use of outdated mortality data shorted retirees who opted to receive pension benefits with their spouses, according to a filing in Arizona federal court.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
HHS Report Finds 'Serious Concerns' On Trans Care For Youth
The U.S. Department of Health and Human Services on Thursday released a report it says raises "serious concerns" about medical interventions used to aid young people in gender transition.
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May 01, 2025
Generator Co. Wants Plug Pulled On COVID-Era Investor Suit
Power generator maker Generac Holdings Inc. asked a Wisconsin federal judge to permanently toss an investor suit over the company's alleged failure to keep up with a surge in business during the COVID-19 pandemic, arguing the proposed class repeats arguments about Generac's sales disclosures that were previously dismissed.
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May 01, 2025
PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court
Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.
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May 01, 2025
Ex-Conn. State Employee Cops To $1.8M Medicaid Scam Role
A former Connecticut government employee admitted to playing a part in a $1.8 million scheme to defraud the Constitution State's Medicaid program by fraudulently billing services for children with autism that her company never provided, acting U.S. Attorney Marc H. Silverman has announced.
Expert Analysis
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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.
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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.