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Benefits
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May 23, 2025
Prudential Urges 3rd Circ. To Back Win In 401(k) Suit
A New Jersey district court correctly tossed a suit in which a class of workers claimed they were shorted millions of dollars in their retirement plans, Prudential told the Third Circuit, arguing that it made cautious decisions in its fiduciary process.
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May 23, 2025
Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case
Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.
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May 23, 2025
Staffing Co. Owner Gets 8 Years For $60M Payroll Tax Fraud
The owner of California staffing companies who admitted to a long-running payroll tax fraud that caused roughly $60 million in tax losses was sentenced to eight years in prison and ordered to pay $38 million in restitution to the Internal Revenue Service, prosecutors said.
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May 23, 2025
9th Circ. Urged To Force ERISA 401(k) Suit Arbitration
A Los Angeles-based investment management company urged the Ninth Circuit to force individual arbitration of an ex-worker's proposed class action alleging 401(k) mismanagement, arguing a lower court incorrectly concluded an arbitration provision in employees' retirement plan wasn't enforceable because it waived statutory rights under federal benefits law.
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May 23, 2025
Cooley Hires 'Next-Gen' Boston Labor & Employment Partner
A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.
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May 23, 2025
Amended Ill. Temp Workers Law Survives Staffing Cos.' Row
An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.
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May 23, 2025
Takeaways For Benefits Attys After Parity Enforcement Freeze
A recent decision by President Donald Trump’s administration to stop enforcing regulations requiring employer health plans to analyze their coverage of behavioral health conditions compared with physical healthcare coverage has benefits attorneys uncertain about what's coming next. Here, Law360 talks to attorneys about the regulatory about-face.
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May 23, 2025
Wrigley Scion Can't Avoid Fraud Claims, Pot Co. Ex-Execs Say
Former executives of troubled medical marijuana company Parallel said its former CEO, scion to the Wrigley gum fortune, shouldn't be allowed to escape a lawsuit accusing him of lying about share prices to lure executive talent, slamming his motion to dismiss.
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May 22, 2025
EV Carmaker Lucid Gets Inflated Biz Suit Trimmed, Again
A California federal judge on Thursday again trimmed a proposed investor class action that alleges electric carmaker Lucid made misleading production forecasts, finding that the latest complaint still doesn't adequately allege the defendants knew some of the challenged statements were false when they were issued.
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May 22, 2025
MLB Plan Says Widow's 7-Week Marriage Bars Pension
Major League Baseball's pension plan asked a Florida federal judge to toss a request for surviving spouse benefits filed by a woman who married retired Cincinnati Reds pitcher Tom Browning seven weeks before he died, saying the length of the marriage disqualifies her from collecting the benefits.
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May 22, 2025
Alaska Airlines Grilled In Wash. COVID Workers' Comp Case
Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
NJ Golf Clubs Failed To Pay Caddies Wages, OT, Suits Claim
A Bronx man has filed proposed class actions in New Jersey state court against two Garden State country clubs accusing them of failing to pay caddies minimum wage or overtime.
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May 22, 2025
9th Circ. Says Ex-Intel Worker's ERISA Suit Short On Specifics
The Ninth Circuit declined Thursday to reinstate a former Intel worker's suit claiming the company pushed employees' retirement savings into hedge and private equity funds that performed worse than traditional assets, ruling he failed to show that any investment vehicles with similar risk-mitigation strategies pulled better returns.
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May 21, 2025
FTC Urges 8th Circ. Not To Pause In-House PBM Case
The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.
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May 21, 2025
House Panel Advances Bills Easing Securities, Banking Regs
The U.S. House of Representatives Financial Services Committee this week approved 25 bills largely aimed at reducing capital markets and banking regulations, moving the deregulatory proposals forward for consideration by the full House.
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May 21, 2025
6th Circ. Revives Yacht Co.'s ERISA Health Fee Claims
The Sixth Circuit on Wednesday revived a Michigan yacht company's federal benefits lawsuit against Blue Cross Blue Shield of Michigan, holding that a lower court wrongly tossed allegations that excessive healthcare fees breached fiduciary duties and caused prohibited transactions.
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May 21, 2025
Monster Beverage Fails In Bid To Nix Workers' 401(k) Fee Suit
Monster Beverage can't escape a proposed class action alleging it allowed its employee 401(k) plan to be saddled with unreasonable recordkeeping costs and took excessive amounts from the plan to pad an Employee Retirement Income Security Act benefit account to treat it as a slush fund, a California federal judge has ruled.
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May 21, 2025
Court Won't Revive Mental Health Class Suit Against Fla. Blue
A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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May 21, 2025
Energy Co. Beats Retiree's Suit Over Pension Calculations
A Florida federal judge tossed a retiree's suit claiming an energy company violated federal benefits law by failing to warn pension plan members that rising interest rates would reduce their lump sum payments, ruling the ex-worker is improperly asking the business to act as an advisor, not a fiduciary.
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May 21, 2025
Food Distribution Co. Must Face Tobacco Surcharge Suit
Food distributor Performance Food Group must face a proposed class action claiming it unlawfully overcharged tobacco users hundreds of dollars for health benefits, with a Virginia federal judge ruling workers sufficiently alleged the company breached its responsibilities under federal benefits law.
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May 20, 2025
Trump Admin Rationale For HHS Firings Challenged By Judge
A Rhode Island federal judge expressed skepticism Tuesday about the Trump administration's assertion that mass firings at the U.S. Department of Health and Human Services were lawful and intended to improve national health, saying during a preliminary injunction hearing that nothing in the record demonstrates "thoughtful work" behind these decisions.
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May 20, 2025
Cigna Accused Of Mismanaging Retirement Plan Funds
Cigna has been unlawfully putting its own interests above those of a 401(k) plan's participants by using forfeited plan funds to reduce company contributions, despite experiencing "significant financial performance," a putative class action filed Tuesday in Pennsylvania federal court alleges.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
J&J Workers Reassert Drug Costs Resulted In Concrete Harm
Johnson & Johnson workers are urging a New Jersey federal court to maintain their proposed class claims that the company botched the management of prescription drug costs in its employee healthcare plan by allowing excessive pharmacy costs, asserting that company mismanagement resulted in concrete harm.
Expert Analysis
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.