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Benefits
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November 12, 2025
Energy Co. Agrees To Class Status In 401(k) Fee Suit
NextEra Energy told a Florida federal court Wednesday that it agreed to the certification of a 20,000-member class in a lawsuit claiming the company misused forfeited 401(k) plan funds and allowed the plan's recordkeeper to charge excessive fees.
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November 12, 2025
Providence Health Nears ERISA Deal Over 401(k) Admin Costs
Providence Health & Services has reached a tentative deal to resolve a proposed class action accusing the nonprofit healthcare system of misspending millions of dollars in forfeited employer retirement contributions in violation of federal benefits law, the parties told a Seattle federal judge.
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November 12, 2025
Judge Questions Cigna Site Users' Standing In Data Suit
A Pennsylvania federal judge suggested Wednesday that she may toss a proposed class action alleging Cigna failed to safeguard private health data by tracking plan members' website usage in violation of state wiretapping and federal privacy laws, ordering the plaintiffs to demonstrate that they have standing to sue.
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November 12, 2025
Judge Won't Halt Injunction Blocking Trump's Trans Care Ban
A Washington federal judge rejected the Trump administration's bid to halt a temporary injunction, saying the president took too long to request a pause in the order, which blocks federal officials from withholding federal healthcare funds to hospitals in four states that provide gender-affirming care.
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November 12, 2025
Former Twitter Exec Can't Pursue State Claims During Appeal
Twitter's former chief marketing officer can't move forward with the state law claims in her $20 million severance suit while the company asks the Ninth Circuit to kick the allegations to arbitration, a California federal judge ruled, rejecting her argument that the company's appeal is a waste of time.
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November 12, 2025
2nd Circ. Revives Atty Fees Bid In Worker's Retaliation Suit
A Vermont federal court correctly imposed a reduction in attorney fees in a retaliation case based on billed hours but should not have further reduced the fees based on the worker's overall success, the Second Circuit has ruled.
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November 12, 2025
Ex-NJ Judge Denied Benefits For Aiding Fugitive Boyfriend
A New Jersey state appeals panel on Wednesday rejected a request for disability benefits from a former state trial court judge who was disciplined for harboring her then-fugitive boyfriend in a 2013 incident.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Judge Wary Of Bid To Nix SVB Expert In $73M Coverage Row
A U.S. magistrate judge seemed skeptical of an insurer's bid to exclude a witness proffered as a policy expert on financial institution bonds, repeatedly asking Berkley Regional Insurance Co.'s counsel in a Monday hearing why the expert's experience — or lack thereof — should disqualify him.
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November 10, 2025
Ex-Oura CEO Claims He Was Stiffed On Promised Stock
The former CEO of Oura Health has sued the smart ring maker in California federal court, claiming that despite working "tirelessly" and growing the health technology company into a multibillion-dollar success, he was ousted and the company's board reneged on promises to give him millions in stock options.
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November 10, 2025
Del. Justices Reject Bid To Revive Amazon-Blue Origin Suit
Delaware's Supreme Court has declined to revive a suit that was dismissed by the Court of Chancery that accused Amazon founder Jeff Bezos and the company's board of directors of "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service.
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November 10, 2025
Justices Give Feds Time To Argue In Machinists Pension Fight
The federal government can participate in oral arguments when it hears a bid by employers to overturn a D.C. Circuit finding that an International Association of Machinists pension plan could retroactively change how withdrawal payments are calculated, the U.S. Supreme Court said Monday.
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November 10, 2025
3rd Circ. Rules Post-Gazette Bargained In Bad Faith
The Third Circuit on Monday affirmed that the publisher of the Pittsburgh Post-Gazette had been bargaining with its unions in bad faith and should not have unilaterally imposed a new contract on newsroom employees more than five years ago.
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November 10, 2025
$2M Deal In United Bank ESOP Suit Clears Hurdle
A Georgia federal court has handed initial approval to United Bank Corp.'s $2 million settlement agreement resolving a class action claiming it unlawfully ousted former workers from an employee stock ownership plan and cut them out of proceeds from a $23.3 million dividend.
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November 10, 2025
US Bank Settles 401(k) Recordkeeping Fee Class Action
U.S. Bancorp and a class of participants in the company's employee 401(k) plan told a Minnesota federal court on Monday that they had reached a settlement deal to resolve workers' allegations that the plan paid excessive recordkeeping fees in violation of federal benefits law.
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November 07, 2025
Sleep Apnea Device Co. Investor Says Rollout Was Botched
Medical device company Inspire Medical Systems has been hit with a proposed investor class action alleging its shares dropped by nearly a third of their value after the public learned it concealed low demand and rollout shortcomings associated with its newest sleep apnea device.
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November 07, 2025
Alcoa Can't Stay Benefits Injunction During 7th Circ. Appeal
Alcoa must comply with an injunction compelling it to reinstate life insurance benefits for a group of union-represented retirees, an Indiana federal judge ruled Friday, rejecting the aluminum producer's motion to stay the injunction while the Seventh Circuit considers whether to preserve it.
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November 07, 2025
Jury Clears Novo Nordisk Of Medicaid Fraud Over Blood Drug
A Tacoma federal jury cleared Novo Nordisk on Friday of allegations that it defrauded Washington state's Medicaid and Medicare systems by paying kickbacks and promoting off-label use to illegally boost prescriptions of its hemophilia drug NovoSeven.
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November 07, 2025
Pension Corp. Installs EEOC Ex-Chair Dhillon As Director
The Pension Benefit Guaranty Corp. swore in former U.S. Equal Employment Opportunity Commission chair and commissioner Janet Dhillon as the 17th director of the federal agency, which runs two insurance programs backstopping the nation's single and multiemployer defined-benefit pension plans.
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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.
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.