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Benefits
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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.
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May 20, 2025
Ex-Worker Accuses TIAA Of Mismanaging 401(k) Plans
An ex-worker accused the Teachers Insurance and Annuity Association of America of violating federal benefits law by keeping costly and underperforming fund offerings in its two employee 401(k) retirement plans, in a proposed class action lodged Tuesday in New York federal court.
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May 20, 2025
Awardco Nabs $1B Valuation After $165M Equity Infusion
Goodwin Procter LLP-led Awardco, an employee rewards and recognition software company, announced Tuesday it hit a $1 billion valuation after scoring a $165 million minority investment from two private equity firms.
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May 20, 2025
Indirect Chicken Buyers' Attys Seek Additional $12M In Fees
Attorneys for commercial and institutional indirect purchaser plaintiffs in sprawling antitrust litigation against the nation's top poultry producers asked an Illinois federal judge Monday to approve roughly $12 million in additional attorney fees after they secured more than $41 million in additional deals since a prior fee motion.
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May 20, 2025
Nursing Homes Facing 'Corporate Death Penalty' Owe $15.4M
The companies behind two Pittsburgh-area nursing homes convicted of falsifying staffing records were ordered Tuesday to pay a total of $15.35 million in restitution to the federal government, though the corporations' attorney told the judge that they had already received a "corporate death penalty" for their conviction.
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May 20, 2025
Veterans Seek Certification For VA Consultant Fee Claims
A proposed class of veterans urged a North Carolina federal judge to certify their claims against a consulting firm they allege charged them millions in illegal fees, arguing that the individual claims of thousands all hinge on a single statutory interpretation.
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May 19, 2025
Vanguard $40M Deal Rejected In Investors' Tax Fight
A Pennsylvania federal judge on Monday rejected a $40 million proposed settlement between Vanguard and investors, blocking the investors' attorneys from netting $13 million in fees and embracing the objections of one investor who called out the deal — meant to compensate for surprise tax bills — as worthless.
Expert Analysis
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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.
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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.