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Benefits
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
Santos Gets Over 7 Years For Campaign Finance Fraud
Former U.S. Rep. George Santos was sentenced Friday to over seven years in prison after admitting he falsely inflated fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
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April 24, 2025
Rising Gold Prices Should Nix $3M SEC Deal, Ex-Exec Says
A former executive of a company that solicited investments in gold and silver coins has pushed back on the U.S. Securities and Exchange Commission's efforts to collect on a $3 million settlement he struck with the agency, telling a federal judge the deal should be vacated because prices for precious metals have recently "skyrocketed."
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April 24, 2025
GE Investors' $362.5M Deal Gets Final OK, Attys Get $70M
A New York federal judge on Thursday gave final approval to a $362.5 million deal and awarded attorneys from Kessler Topaz Meltzer & Check LLP and Grant & Eisenhofer PA nearly $70 million in attorney fees for their work in a class action that accused General Electric Co. of fraudulently concealing cash flow problems.
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April 24, 2025
Ex-Guard Claims Security Co. Cheated Her On Pay, Insurance
A security company failed to pay a former security guard wages while also making illegal deductions from her pay, including for bogus health insurance coverage, and fired her once she complained, the former employee said in a lawsuit in California state court.
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April 24, 2025
7th Circ. Backs Employers In Pension Fund Withdrawal Fight
The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.
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April 24, 2025
JPMorgan, Retiree Resolve Benefits Freeze Suit
A former JPMorgan worker dropped a Second Circuit bid to revive his lawsuit claiming the financial giant failed to properly disclose how changes to an employee pension plan could result in a freeze on participants' benefits.
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April 23, 2025
Retirement Co. Hit With $38.8M Jury Verdict In ERISA Action
A New York federal jury Wednesday awarded a 27,000-member class of retirement plan participants nearly $38.8 million after finding that Pentegra Retirement Services violated federal benefits law by saddling a $2.1 billion 401(k) plan with excessive administrative fees.
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April 23, 2025
GoodRx Beats Investor Suit Over Kroger-Linked Biz
GoodRx Holdings Inc. has escaped a proposed shareholder class action alleging it concealed from investors the indispensability of its relationship with Kroger, according to an order signed by a California federal judge who said the suit does not show GoodRx knew Kroger had plans to renegotiate its contracts.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Software Co. Can't Escape 401(k) Investment Suit
A California federal judge refused to toss a federal benefits lawsuit from former ServiceNow employees alleging the cloud computing company kept an underperforming suite of target-date funds in its 401(k) plan for over a decade, finding allegations of a deficient process should proceed to discovery.
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April 23, 2025
GOP Leader Proposes Modernizing Contractor Rules
U.S. Senate Health Education Labor and Pensions Committee Chairman Bill Cassidy, R-La., on Wednesday unveiled proposals he says will modernize the independent contractor model without hindering workers' flexibility and profit opportunities, suggesting several changes Congress could take.
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April 23, 2025
Insurers Settle $1.1M Ryobi Battery Fire Claims
A group of insurers including The Hartford has agreed to settle a consolidated lawsuit alleging that a defective Ryobi power tool battery caused a fire that led to at least $1.1 million in losses to three businesses, according to a Wednesday notice filed in Connecticut federal court.
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April 22, 2025
Firms Vie To Lead Trade Desk Investor Suit Over AI Rollout
Robbins Geller, Bernstein Litowitz and other firms are seeking to represent a proposed class of investors in a suit alleging global digital marketing venture The Trade Desk Inc. hid snags that ultimately delayed the rollout its artificial intelligence-driven ad-buying platform.
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April 22, 2025
Santos, Attys Say Social Media Posts Don't Negate Remorse
George Santos and his attorneys wrote to a Brooklyn federal judge saying the former Congressman's posts on social media claiming to be a victim of government persecution don't negate the remorse he feels for stealing from campaign donors and inflating fundraising numbers.
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April 22, 2025
Hogan Lovells Adds Ex-HHS Atty To Health Practice
Hogan Lovells on Tuesday announced the arrival of a former U.S. Department of Health and Human Services attorney to the firm's global regulatory and intellectual property practice group.
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April 22, 2025
Del. Justices Order Matterport CEO Cash-Out Recalculation
Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.
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April 22, 2025
Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits
California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.
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April 22, 2025
Parker-Hannifin Workers Asked For Input On 401(k) Fund Case
Parker-Hannifin Corp. employees were asked Monday to respond to a petition seeking U.S. Supreme Court review of their recently revived 401(k) plan mismanagement allegations.
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April 22, 2025
Wells Fargo 'Sham' Hiring Suit Delayed For Mediation
A California federal judge agreed to move deadlines in a proposed investor class action accusing Wells Fargo of conducting "sham" job interviews to meet diversity targets that later triggered a stock drop when the practice was revealed, citing plans to attempt mediation in May.
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April 22, 2025
Religious Carveout Can't Shield Aid Group From Gay Bias Suit
A religious humanitarian nonprofit violated Maryland law by terminating health insurance for a gay ex-worker's husband, a federal judge ruled, saying a statutory exemption for religious organizations didn't apply because the former employee's data analyst job didn't support the group's core mission.
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April 21, 2025
Intel Retirees Seek Cert. In ERISA Suit Over Annuity Changes
A proposed class of nearly 2,000 Intel Corp. retirees urged a California federal judge on Monday to certify the retirees' Employee Retirement Income Security Act claims alleging Intel relied on outdated mortality assumptions when it converted their single life annuities to a joint and survivor design, resulting in lower payouts.
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April 21, 2025
Teamsters Unit Drops Health Insurance Suit Against Mich. Co.
A Teamsters local has dropped its lawsuit against a Detroit trucking company, indicating it will no longer pursue breach-of-contract litigation in Michigan federal court over the company's alleged failure to notify workers that they needed to sign up for health insurance.
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April 21, 2025
Premera's Teen Trans Policy 'Textbook' Sex Bias, Judge Says
Premera Blue Cross discriminated based on sex against transgender teens at the center of a lawsuit alleging the insurer and health plan administrator illegally denied coverage for gender-affirming chest surgery, according to a Washington federal judge who also denied class certification because the teens' claims are not typical of class members.
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April 21, 2025
Veterans Urge High Court To Ax Time Bar For Compensation
Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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ERISA Ruling Is A Win For DOL Regulatory Authority
In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.