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Benefits
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October 27, 2025
Manufacturer Ditches Workers' 401(k) Fee Suit For Good
An Illinois federal judge has permanently dismissed a proposed class action claiming manufacturer Dover Corp. saddled its $1.4 billion retirement plan with excessive recordkeeping and administrative fees, saying the participants' comparator data isn't sufficient under the latest Seventh Circuit guidance for analyzing fiduciary prudence.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
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October 27, 2025
CVS Let 401(k) Get Bogged Down With High Fees, Suit Says
CVS costs workers millions in retirement savings and violated federal benefits law by failing to rein in excessive administrative fees in its $27 billion 401(k) plan, a former pharmacist said in a proposed class action filed in New York federal court.
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October 27, 2025
Acadia Pushes For Appeal Of Investors' Partial Early Win
Acadia Healthcare Company Inc. is looking to appeal a partial early win granted to a proposed class of investors accusing the company of misleading them about the strength of its United Kingdom operations, arguing that the court's recent ruling presents controlling questions of law warranting immediate appellate review.
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October 27, 2025
Northrop Grumman Settles Pension Benefit Estimate Fight
Northrop Grumman has agreed to settle a proposed class action from retirees alleging violations of federal benefits law over what they claimed were inaccurate pension estimates and the aerospace and defense company's failure to provide regular statements to beneficiaries, according to a joint filing in California federal court.
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October 27, 2025
Pa. Hospital Workers Seek Initial Approval For OT Suit Deal
A health system agreed to a $70,000 deal to end a proposed class action alleging it failed to pay unionized hospital workers proper overtime wages, according to an unopposed motion for preliminary approval that the workers filed in Pennsylvania federal court Friday.
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October 27, 2025
Former Emirates Workers Demand Class Cert. In Layoff Suit
Emirates' arguments against class certification for a suit accusing the airline of discriminating against American employees during layoffs in 2020 highlight that workers share common issues, a group of former employees told a New York federal court.
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October 27, 2025
Gold Star Mother Seeks Early Win In NJ Malpractice Case
The mother of a deceased Army service member moved for a default this week in New Jersey federal court against a law firm she has accused of mishandling her case against the Army after she was the victim of a fraud.
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October 27, 2025
Marketing Co. Escapes 401(k) Forfeiture Suit, For Now
A New York federal court nixed a proposed class action against a marketing company from two ex-workers who said 401(k) plan forfeitures were misspent, holding that allegations of fiduciary breach and prohibited transactions failed to state a claim for violating federal benefits law.
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October 24, 2025
USAA Defends Medical Reimbursement Cuts In Coverage Row
Two USAA units sought to toss two insureds' proposed class action accusing the companies of under-reimbursing their medical providers via claim handling software, telling a Washington federal court "there is no admissible evidence that plaintiffs' treatments were medically necessary and related to their auto accidents."
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October 24, 2025
11th Circ. Revives Edible Arrangements TM Suit
The Eleventh Circuit reinstated a trademark infringement case brought by Edible Arrangements against 1-800-Flowers on Friday, saying a lower court had improperly granted the latter company a win by finding that its competing conduct was a continuation of practices it had begun before a 2016 settlement agreement between the two parties.
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October 24, 2025
X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late
Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."
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October 24, 2025
NFL Players' Race Bias Claims Tossed In Concussion Case
A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.
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October 24, 2025
Morgan Lewis Seeks Fees Over Ex-Media Exec.'s 'Absurd' Suit
Morgan Lewis & Bockius LLP is seeking over $500,000 in legal fees from a media executive after successfully defending his former employer from a suit over severance pay that it called "absurd."
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October 24, 2025
Trucking Co. Will Pay $3M To End Workers' 401(k) Fee Suit
Knight-Swift Transportation will pay $3 million to end a class action from workers who alleged the trucking business allowed excessive fees in its $432 million employee 401(k) plan, according to a filing in Arizona federal court.
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October 23, 2025
Sanctions Threats Mount For Atty Who Ignored Citation Order
An attorney who ignored a show cause order earlier this summer after his co-counsel included a fake case citation in a filing for their then-client, a former in-house attorney for Workday Inc., told a San Francisco federal judge Thursday that his failure to respond was a "mistake," in response to a renewed show cause order.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Adidas Hid Ye's Hate Speech From Investors, 9th Circ. Told
Adidas investors urged the Ninth Circuit on Thursday to revive allegations that the sportswear giant failed to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, arguing that executives hid evidence of his "raging" antisemitism, like his proposal for a swastika shoe design.
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October 23, 2025
Ex-Intel Workers Seek High Court Review Of 401(k) Suit
Former Intel employees urged the U.S. Supreme Court to review the dismissal of their suit claiming their retirement savings were pushed into subpar investment options, saying the Ninth Circuit imposed too strict a standard by requiring them to identify similar funds for comparison.
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October 23, 2025
Fed. Circ. Affirms No Tax Refunds For Retired United Pilots
United Airlines pilots who said they overpaid payroll taxes because of the early termination of their retirement plan in the company's bankruptcy can't get partial refunds, the Federal Circuit affirmed Thursday, saying procedural issues doomed their case.
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October 23, 2025
Judge Dings Law Profs In Judge-Shopping Sanctions Case
The federal judge behind a controversial sanctions order accusing three attorneys of judge shopping while challenging an Alabama gender care law is pushing back on claims that he lacked jurisdiction, as the ruling is on appeal in the Eleventh Circuit.
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October 22, 2025
Judge Voids HHS Rule Banning Gender Identity Discrimination
A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.
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October 22, 2025
Investor Advocates Criticize SEC's New Arbitration Stance
Two investor advocacy groups are speaking out against a recent U.S. Securities and Exchange Commission decision to allow some newly public companies to adopt mandatory arbitration clauses, arguing that the move undermines shareholder rights and could make the U.S. a less attractive place to invest.
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October 22, 2025
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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October 22, 2025
Trade Desk CEO Pay Suit Pleads 'Bad Faith,' Del. Justices Told
The Delaware Supreme Court heard oral arguments on Wednesday in the appeal of the dismissal of a stockholder derivative suit that sought to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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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.