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Benefits
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February 14, 2025
Judge Rejects NLRB Bid To Reopen Post-Gazette Union Talks
The publisher of the Pittsburgh Post-Gazette will not be forced to return to bargaining with several unions representing its striking print production employees, after a federal judge ruled that the National Labor Relations Board had not convinced her that the publisher had bargained in bad faith.
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February 14, 2025
Defunct Media Co. Agrees To Resolve WARN Act Class Action
Former digital media startup The Messenger has struck a deal to end a class action alleging it failed to give hundreds of workers enough notice about its impending layoffs and shutdown, the company told a New York federal court.
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February 14, 2025
2nd Judge Blocks Trump Trans Health Order, Chides DOJ Atty
A Washington federal judge put a second temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for people younger than 19, at a Seattle hearing where the judge said she was extremely frustrated with a federal government attorney's inability to answer questions about the order's discriminatory impact on transgender youth.
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February 14, 2025
Trump Illegally Fired FLRA Chair, Suit Says
The former chair of the Federal Labor Relations Authority is the latest government official to sue President Donald Trump, saying in a complaint filed in D.C. federal court that she was fired illegally.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Old Dominion Worker's Gender-Affirming Care Suit Dropped
A transgender woman participating in an Old Dominion employee health plan agreed to drop her suit alleging she was wrongly denied gender-affirming care coverage for facial hair removal after a Washington federal judge dismissed the case in January, citing a settlement of the dispute.
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February 13, 2025
Maryland Judge Blocks Trump's Orders On Trans Healthcare
A Maryland federal judge on Thursday temporarily blocked the Trump administration from restricting gender-affirming care for people under the age of 19 and required the administration to keep in place federal funding for healthcare providers that provide transgender care.
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February 13, 2025
ADP 401(k) Participants Win Cert. For 50K ERISA Class
More than 50,000 ADP 401(k) plan participants scored class certification Thursday in their lawsuit accusing the company of retaining poorly performing investments and overcharging them for recordkeeping fees, after a New Jersey federal judge found their claims are typical since they stem from the same alleged fiduciary duty breach by ADP.
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February 13, 2025
6th Circ. Stands By Revival Of Parker-Hannifin 401(k) Suit
The Sixth Circuit declined Parker-Hannifin Corp.'s bid for an en banc review of its ruling that revived a proposed class action from workers who claimed the technology company loaded down its retirement plan with underperforming and costly investment funds.
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February 13, 2025
Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit
A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.
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February 12, 2025
Trump Picks Encore Fiduciary Founder As DOL Benefits Chief
The Trump administration on Wednesday nominated Encore Fiduciary's principal and professional fiduciary liability expert Daniel Aronowitz to steer the US Department of Labor's employee benefits division, which produces and enforces federal regulations that apply to employer-provided retirement and healthcare plans.
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February 12, 2025
VA Blocked From Quickly Appealing Systemic Racism Suit
The U.S. Department of Veterans Affairs cannot immediately appeal a Connecticut federal judge's refusal to slap down a lawsuit alleging systemic discrimination at VA hospitals because the case does not present novel issues requiring midstream clarification, the same judge who advanced the case last March has ruled.
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February 12, 2025
Boeing Brass Face Chancery Suit Over Safety Breach Scandal
Public employee pension funds in Ohio and Oklahoma have launched a derivative suit in Delaware's Chancery Court against Boeing board members and executives, seeking damages on the aircraft company's behalf tied to production issues and multiple safety breaches involving several Boeing commercial passenger jets.
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February 12, 2025
2nd Circ. Backs Deferred Compensation Award Calculation
The Second Circuit refused Wednesday to upend how a trial court calculated that a defunct photo processing company owes ex-employees over $800,000 following mismanagement of a deferred compensation plan, but said the lower court needs to reassess who's on the hook for payment.
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February 12, 2025
Poultry Producers Can't Dodge Bid-Rigging Claims In MDL
An Illinois federal judge trimmed on Tuesday some conspiracy claims from a massive antitrust case against chicken producers, including Pilgrim's Pride and over a dozen others, but kept intact other bid-rigging allegations, finding that a class of restaurants and other direct buyers plausibly alleged the companies increased prices in parallel.
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February 12, 2025
IRS Issues Corp. Bond Monthly Yield Curve For Feb.
The Internal Revenue Service published on Wednesday the corporate bond monthly yield curve for February for use in calculations for defined benefit plans, as well as corresponding segment rates and other related provisions.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 12, 2025
States Can't Halt Funding Ban On Trans Care, DOJ Tells Court
Washington, Minnesota and Oregon can't block a White House executive order that cuts off federal funding for gender-affirming care for minors, President Donald Trump's administration told a Washington federal judge, arguing that the states' suit is premature and that the president has acted within his powers.
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Law Firm Equity Doesn't Offset Workers' Comp, NC Panel Told
A former partner at Cranfill Sumner LLP stuck in a 19-year struggle with his former law firm over workers' compensation told the North Carolina Court of Appeals on Tuesday that his equity stake shouldn't offset the amount of disability benefits he's paid.
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February 11, 2025
Labaton Keller Appointed Lead In Healthcare Co. IPO Suit
A New York federal judge on Tuesday appointed Labaton Keller Sucharow LLP as lead counsel in a securities class action accusing nursing-care provider PACS Group Inc. of misleading investors about false Medicare claims and regulatory investigations tied to its initial public offering.
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February 11, 2025
DOL Asks 5th Circ. To Pause Fiduciary Rule Battle
The U.S. Department of Labor asked the Fifth Circuit on Tuesday to pause its appeal of two federal court rulings blocking regulations that broadened the Employee Retirement Income Security Act's definition of a fiduciary, stating the Trump administration needs time to catch up on the case.
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February 11, 2025
Hospital Worker Didn't Need Note For COVID Benefits
A woman who quit her job at a Chambersburg, Pennsylvania, hospital due to concerns over COVID-19 didn't need to present medical evidence that her health put her at higher risk in order to collect pandemic-related unemployment benefits, a split Pennsylvania appellate court ruled Tuesday.
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February 11, 2025
CVS, Aetna Escape Testing Lab's $20.6M Unpaid Invoices Suit
A Connecticut federal judge threw out a testing laboratory's lawsuit seeking $20.6 million in unpaid invoices from Aetna Inc. and its owner CVS Health Corp., saying the complaint lacked detail and left the companies "guessing" which allegations corresponded to which claims.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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Inside OMB's Update On Race And Ethnicity Data Collection
The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Management Incentives May Be Revisited After PE Investment
As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.