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Benefits
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
Michael Best Adds Ex-Electric Cooperative Assistant GC
The former assistant general counsel of a national nonprofit that promotes the interests of consumer-owned electric cooperatives has joined Michael Best & Friedrich LLP as a senior counsel focused on labor, employment and benefits issues.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Plumbing Co. Reaches $1.8M Deal In 401(k) Forfeiture Suit
A plumbing supply company has agreed to pay $1.8 million to close a suit claiming it allowed its $2.6 billion retirement plan to be bogged down by excessive management fees and pricey investment funds, according to a California federal court filing.
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October 31, 2025
Garnet Health Inks $4.6M Deal In Retirement Fee, Fund Suit
Garnet Health Medical Center has agreed to fork over $4.6 million to end a proposed class action alleging the New York healthcare network mismanaged employee retirement plan fees and investments, according to settlement documents filed by workers Friday in New York federal court.
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October 31, 2025
Obesity Drugmaker Escapes Clinical Trial Securities Suit
Biopharmaceutical company BioAge Labs Inc. has, for now, escaped a suit alleging investors were hurt by plummeting share prices after the company unexpectedly halted a clinical trial for a weight loss drug, saying that the investors failed to plausibly show the company did not properly disclose risks to the trial.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 30, 2025
Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis
Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
Tribes Act As Shutdown Threatens Food, Health Services
With Supplemental Assistance Nutrition Program funding set to expire on Friday, at least four Indigenous nations have declared states of emergency, saying the stalemate between U.S. politicians is impacting vital services and benefits that are threatening their welfare.
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October 30, 2025
Pension Fund Says Yellow Plan Can't Reserve Claim Argument
A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.
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October 30, 2025
7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win
The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.
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October 30, 2025
Surgical Co. Gets Tobacco Fee ERISA Suit Kicked To Texas
A proposed class action alleging that a surgical center operator discriminated against workers who use tobacco by making them pay more for health coverage belongs in Texas, a Kentucky federal judge said, ruling that the business doesn't have enough connection to Kentucky.
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October 29, 2025
ZoomInfo Must Face Investors' Accounting Fraud Suit
A Washington federal judge is allowing investors in software provider ZoomInfo Technologies Inc. to move forward with claims that the company acted to conceal post-pandemic customer losses, but threw out allegations against controlling shareholders that the judge said lacked a factual basis.
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October 29, 2025
Del. Justices Mull Call To Revive Amazon-Blue Origin Suit
An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.
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October 29, 2025
Ohio Justices Revisiting Governor's Pandemic Aid Withdrawal
Ohio's participation in temporarily enhanced unemployment benefits during the early days of the COVID-19 pandemic will again go before the Ohio Supreme Court after the governor petitioned for review, arguing that state law doesn't force him to seek certain federal funds.
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October 29, 2025
Dems Spotlight Risks Of Crypto, Private Equity In 401(k) Plans
The Trump administration's support for cryptocurrency and other private market investments in American retirement plans is "dangerous," a group of Democratic senators told two agencies tasked with carrying out an executive order that aims to make it easier for retirement plans to feature such assets.
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October 29, 2025
Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit
Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.
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October 29, 2025
Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling
A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 28, 2025
Justices Told 9th Circ. Erred In ERISA Claim Release Fight
A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.
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October 28, 2025
Ex-Worker Drops 401(k) Forfeiture Suit Against CommonSpirit
A former CommonSpirit Health employee dismissed her proposed class action accusing the Catholic healthcare system of unlawfully using forfeited 401(k) funds to cover its own contributions rather than reducing administrative expenses shouldered by plan participants, according to filings in Kentucky federal court.
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October 28, 2025
Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools
Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
Expert Analysis
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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.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.