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Benefits
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November 07, 2025
11th Circ. Partially Revives FedEx Freight Worker's FMLA Suit
An Alabama federal court correctly handed FedEx a win on a former freight handler's retaliation and discrimination suit alleging he was punished for leaving work to take care of his pregnant wife, the Eleventh Circuit ruled Friday while nevertheless reviving his interference claim.
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November 07, 2025
ERISA Recap: 6 Things Attys May Have Missed In Oct.
Two appeals court judges used a decision in an employee stock ownership plan case to urge the full Eleventh Circuit to rethink its requirements for filing federal benefits suits, a marketing company shut down a 401(k) forfeiture case, and CVS and Duke University were hit with new suits. Here, Law360 looks back at six noteworthy ERISA developments from last month.
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November 06, 2025
'Send A Message' To Novo Nordisk Over Kickbacks, Jury Told
Counsel for a whistleblower claiming Novo Nordisk paid illegal kickbacks to boost off-label prescribing of its hemophilia drug NovoSeven urged jurors during closing arguments Thursday to "send a message" to the drugmaker, saying it defrauded Washington state's Medicaid and Medicare systems out of nearly $100 million.
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November 06, 2025
Amid Investor Cheers, Musk Gets His $1 Trillion Pay Package
In a landmark vote that turned corporate governance on its head, Tesla Inc. shareholders on Thursday thumbed their noses at both Delaware Chancery Court and top proxy advisers by awarding CEO Elon Musk an estimated $1 trillion compensation package, according to preliminary results.
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November 06, 2025
Del. Justices Uphold Toss Of Trade Desk CEO's $5.2B Pay Suit
The Delaware Supreme Court Thursday affirmed a Chancery Court ruling that threw out a stockholder derivative challenge to an advertising technology company's multiyear compensation package for its co-founder, CEO and controlling stockholder, rejecting claims that the award, worth up to $5.2 billion, was a product of bad faith board conduct.
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November 06, 2025
Lilly, Novo Nordisk Enter Obesity Drug Price Deal With Trump
Pharmaceutical giants Eli Lilly and Novo Nordisk cut a deal with the Trump administration to slash the pricing of their popular weight loss drugs in the U.S., becoming the latest to enter "most-favored-nation" pricing agreements, the White House announced Thursday.
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November 06, 2025
Wash. Justices Spurn Alaska Airlines' Worker Illness Stance
The Washington Supreme Court on Thursday sided with an Alaska Airlines employee who caught COVID-19 while traveling on the job, rejecting the employer's attempt to distinguish an occupational disease covered by state workers' compensation law from any sickness that develops during a work trip.
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November 06, 2025
Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines
Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.
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November 06, 2025
Kaiser Faces $5.4M Suit In Colorado Over Push To Telehealth
A Colorado mental health clinic claims that the Kaiser Foundation Health Plan of Colorado violated state healthcare laws by terminating its agreement with the behavioral health facility early, disrupting care for more than 7,800 patients.
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November 06, 2025
Med Groups Call To Break Up 'Politicized' CDC Vax Committee
A Massachusetts doctor and a group of public health trade associations want the federal government to break up a key vaccine committee tasked with nationwide vaccine policy, arguing in an amended lawsuit Thursday that the panel has been tainted with anti-vaccine sentiment.
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November 06, 2025
Seafood Co. Workers Urge 11th Circ. To Rehear ESOP Fight
Workers for a seafood company urged the Eleventh Circuit to rethink a panel's decision in October that upheld dismissal of their suit accusing the company of employee stock ownership plan mismanagement, arguing the full court should overturn appellate precedent that led to the three-judge panel's decision.
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November 06, 2025
Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says
Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.
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November 05, 2025
10th Circ. Revives Yellow's $137M Suit Against Teamsters
The Teamsters once again must face Yellow Corp.'s allegations that the union drove the trucking company into bankruptcy by holding up a corporate restructuring, with a Tenth Circuit panel reviving Yellow's $137 million breach-of-contract lawsuit against the union Wednesday.
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November 05, 2025
Pharmacy Groups Urge 8th Circ. To Back Ark. PBM Limits
A pair of pharmacy trade groups is urging the Eighth Circuit to allow Arkansas to enforce a law barring pharmacy benefit managers from owning pharmacies, arguing the law is a rational response to "abusive" PBM practices.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
Celgene Inks $239M Investor Deal Over Drug Pipeline Claims
Celgene Corp. has agreed to a $239 million settlement with investors to resolve claims that the biopharmaceutical company hyped up its share price by failing to disclose timeline and growth problems with two of its drugs, ending the case after seven years of litigation and with a January 2026 trial date looming.
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November 05, 2025
CenterPoint To Pay $800K To End 401(k) Fee Suit
Houston-based utility company CenterPoint Energy will pay $800,000 to resolve a proposed class action claiming its $2.6 billion employee retirement plan was saddled with excessive recordkeeping fees, according to a Texas federal court filing.
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November 05, 2025
American Airlines Workers' Attys Seek $8M In ESG Battle
Class counsel representing American Airlines workers who prevailed on claims their employer violated federal benefits law by allowing an unchecked emphasis on environmental, social and governance factors in their employee retirement plan asked a Texas federal court for $7.9 million in fees.
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November 05, 2025
Dish Network Wants To Toss 401(k) Fund Suit
A class action accusing Dish Network of mismanaging retirement funds is rootless and evidence doesn't support its claims that the company acted imprudently, the entity told a Colorado federal court, seeking a pretrial win.
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November 04, 2025
IRhythm Investors Seek Class Cert. In Heart Device Suit
Investors in digital healthcare company iRhythm Technologies are seeking certification of a class that bought shares of the company over a roughly two-year period during which it allegedly concealed issues with its Zio AT heart-event monitoring device.
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November 04, 2025
Bally's Escapes ERISA Suit Over Tobacco Surcharge
Casino operator Bally's defeated a proposed class action alleging workers who use tobacco were unlawfully overcharged for health benefits, with a Rhode Island federal judge ruling Tuesday that federal law doesn't require retroactive reimbursement of plan participants' fees after completion of a tobacco cessation program.
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November 04, 2025
Ex-Employees Accuse Colo. Solar Firm Of Equity Fraud
Former employees of a Denver-based solar and storage development company allege it committed fraud by promising them nearly $2 million in private equity in the company but later slashing the value to avoid properly compensating them after laying off the pair, according to a suit filed in Colorado state court.
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November 04, 2025
Chem Cos. Urge 3rd Circ. To Scrap ERISA Ruling Over Spinoff
Chemical companies Corteva Inc. and DuPont urged the Third Circuit Tuesday to upend a verdict in favor of employees who claimed they were misled about how a merger and spinoff would affect their retirement benefits, arguing plan participants' confusion and disappointment can't be remedied under federal benefits law.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
3rd Circ. Won't Rethink Reversing Union's $3.5M Pension Win
The Third Circuit on Tuesday refused to rethink its earlier decision to reverse a $3.5 million win for a pipe fitters and plumbers union in a dispute with a commercial real estate company over pension contributions related to overtime hours.
Expert Analysis
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.