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Benefits
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January 27, 2026
Sen. Kelly Bashes DOD's 'Alarming' Attempt At Punishment
Sen. Mark Kelly, D-Ariz., a retired U.S. Navy captain, says the U.S. Department of Defense is seeking to impose an "unprecedented" and "radical" view of military veterans' First Amendment rights in order to punish him for telling members of the military they don't have to follow unlawful orders.
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January 27, 2026
Full 11th Circ. Will Rehear Seafood Co. Workers' ESOP Suit
The full Eleventh Circuit will rehear a proposed class of seafood company workers' bid to revive mismanagement allegations against their employer and an employee stock ownership plan trustee, the court said Tuesday, after a three-judge panel affirmed dismissal of the case in October.
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January 27, 2026
Divisions Emerge At 2nd Circ. Over Reproductive Rights Law
A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.
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January 27, 2026
11th Circ. Scrutinizes Royal Caribbean's Defeat Of 401(k) Suit
The Eleventh Circuit zeroed in Tuesday on whether a lower court had enough evidence to hand Royal Caribbean a pretrial win in a suit brought by cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds.
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January 27, 2026
Troubled Apt. Co-Op Seeks $6M State Loan To Clear Liens
The receiver overseeing the finances of the 924-unit Success Village Apartments has asked a Connecticut court to allow it to borrow $6 million from the state Department of Housing, which the agency has already approved, "to eliminate the many tax and utility liens" on the property.
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January 26, 2026
Whole Foods $2M ERISA Deal OK'd, Class Counsel Get $666K
A Texas federal judge signed off on a $2 million settlement between Austin-based Whole Foods and its employees, resolving a class action in which the company was accused of mismanaging employee 401(k) accounts by failing to negotiate for lower administrative fees.
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January 26, 2026
Medtronic Investors Ask 8th Circ. To Revive Insulin Pump Suit
Investors have asked the Eighth Circuit to revive a securities class action against medical device manufacturer Medtronic, arguing that a Minnesota federal court wrongly dismissed the case in October for failure to state a claim.
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January 26, 2026
Generics Makers Fight Cert. In Cholesterol Drug Pricing MDL
Generic-drug makers sought to defeat a bid to certify proposed classes comprising thousands of pharmacies that indirectly purchased and resold generics at the center of sprawling price-fixing litigation, telling a Pennsylvania federal court Monday that certification would result in an "unmanageable trial."
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January 26, 2026
Anthem Seeks Dismissal Of 'Ghost Network' Class Action
A proposed class action's allegations that Anthem Health Plans maintains inaccurate mental health directories known as ghost provider networks aren't true and are "legally deficient," the insurer and its parent company, Elevance Health Inc., argued while urging a Connecticut federal court to toss the suit.
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January 26, 2026
11th Circ. Backs MetLife's Death Benefits Denial
The Eleventh Circuit on Monday upheld MetLife's denial of accidental death benefits to a federal government worker who died days after she broke her leg and ankle exiting a vehicle, finding the insurer's exercise of an exclusion for contributing underlying physical illnesses wasn't arbitrary or capricious.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
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January 26, 2026
Duke Gets Final Approval For $2.35M Mortality Data Deal
A North Carolina federal judge on Monday gave her final seal of approval to a $2.35 million settlement ending claims that Duke University shorted former employees by millions of dollars by using decades-old mortality tables to calculate retirement benefits.
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January 26, 2026
Pool Equipment Co. Reaches $20M Deal To End Investor Suit
Pool equipment maker Hayward Holdings Inc. has reached a nearly $20 million deal with its investors to settle claims that it failed to properly disclose its struggles with ballooning inventory and lowered demand.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
High Court Won't Review Social Security Judge's Removal
The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.
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January 23, 2026
$200M Sun, Taro Generics Deal Gets Final OK
A Pennsylvania federal judge granted final approval Friday for a $200 million deal resolving employee benefits plans' claims against Sun Pharmaceutical and Taro Pharmaceuticals in the sprawling price-fixing litigation against generic-drug makers, while again ensuring the claims from dozens of state attorneys general remain untouched by the settlement.
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January 23, 2026
Intel Case Sets Up Justices To Tackle 401(k) Benchmarks
The U.S. Supreme Court's decision to take up a suit challenging target-date fund offerings in two Intel employee 401(k) plans gives benefits attorneys hope that clarity is coming on whether meaningful benchmarks are required to plead that investment underperformance breached fiduciary duties under federal benefits law.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
Schnader Harrison Gets Final OK To Settle ERISA Claims
A Pennsylvania federal judge has given final approval to a $675,000 settlement of claims that former Schnader Harrison Segal & Lewis LLP allegedly spent money meant for attorneys' retirement accounts to stay afloat, and awarded one-third of that amount to The Barton Firm LLP and The Garner Firm Ltd.
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January 23, 2026
7th Circ. OKs Chicago Teachers' Pension Fund Bias Suit Win
The Seventh Circuit on Wednesday affirmed the Chicago Teachers' Pension Fund's win in a former accountant's lawsuit claiming he was fired because he is a Black man in his 60s, holding that the lower court didn't err in finding that poor job performance led to his termination.
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January 23, 2026
Tech Co.'s $750K 401(k) Suit Deal Gets Final OK
A customer experience tech company will pay $750,000 to end a proposed class action alleging it failed to negotiate lower fees for its workers' 401(k) plan, according to a Colorado federal judge's order approving a settlement.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
New Securities Class Actions Declined In 2025, Report Says
New securities class action filings fell overall last year, along with aggregate settlement values and attorney fees, but the emergence of tariff-related suits could present a new trend in filings in response to actions taken by the U.S. government, according to a recent National Economic Research Associates Inc. report.
Expert Analysis
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Navigating The New Wave Of Voluntary Benefit ERISA Suits
Four recent complaints claiming that employees pay unreasonable premiums for voluntary benefit programs contribute to a trend in Employee Retirement Income Security Act class actions targeting employers and benefits consultants over such programs, increasing scrutiny of how the programs are selected, priced and administered, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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5 Action Steps For Employers Facing 27 Pay Periods In 2026
In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Del. Dispatch: What Tesla Decision Means For Exec Comp
The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.