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Benefits
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September 05, 2025
9th Circ. Deems COVID Jobless Pay Constitutionally Protected
A Ninth Circuit panel has ruled a Washington state resident has standing to bring a proposed class action against the Washington State Employment Security Department for allegedly underpaying COVID-era benefits, declaring the plaintiff's property interest in the benefits is constitutionally protected.
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September 05, 2025
HCA Healthcare Can't Halt Discovery In 401(k) Forfeiture Suit
A Tennessee federal judge denied HCA Healthcare's bid Friday to stop discovery while the court considers its motion to toss a worker's suit claiming it illegally used forfeited 401(k) funds to cover its own contribution costs, finding the alleged novelty of her claims can't block case information collection.
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September 05, 2025
401(k) Suit Against Defense Cos. Stayed For Mediation In Kan.
A Kansas federal judge on Friday agreed to stay a proposed class action against two defense and government contracting companies challenging the fees and performance of employee 401(k) plan investment offerings, citing the parties' agreement to mediate remaining claims in the federal benefits lawsuit.
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September 05, 2025
6th Circ. Finds Boss' Pregnancy Remark Supports Bias Claim
A split Sixth Circuit panel revived part of a lawsuit from a woman who alleges a Michigan hospital system laid her off because she was pregnant, finding that evidence that the worker's supervisor was concerned about the pregnancy's effects on department productivity supports pregnancy discrimination claims.
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September 05, 2025
Workers Say Tenet Misspent Forfeitures In Mega 401(k) Plan
A Tenet Healthcare ex-employee alleged in a proposed class action Friday in Texas federal court that the healthcare company misspent nearly $28.6 million in forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations to other workers' accounts.
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September 04, 2025
GAO Calls On VA To Boost Exam Contractor Oversight
The U.S. Government Accountability Office urged the U.S. Department of Veterans Affairs to strengthen its procedures after a review found that one of its offices paid $2.3 million worth of unearned incentives to contractors hired to provide medical exams for veteran disability claims.
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September 04, 2025
Goldman Investors Clinch Class Cert. In 1MDB Bribery Suit
A New York federal judge on Thursday overruled objections raised by Goldman Sachs and fully adopted a magistrate judge's recommendation to certify a class of Goldman investors who claim losses from the 1MDB bond bribery scandal.
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September 04, 2025
NC Panel Reopens 13 Asbestos Cases Against Tire-Maker
A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.
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September 04, 2025
Aetna, Optum's $8.3M ERISA Health Fee Deal Gets Final OK
A North Carolina federal judge granted final approval to an $8.3 million class action settlement to end an employee health plan participant's allegations that Aetna conspired with OptumHealth Care Solutions to pass on administrative fees disguised as medical expenses, according to an order docketed Thursday.
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September 04, 2025
AARP Attys Back Suit Challenging TIAA's 401(k) Management
AARP attorneys have offered their resources to a proposed class action claiming the Teachers Insurance and Annuity Association of America shirked federal benefits law by failing to cut costly and underperforming proprietary investment funds from its workers' retirement plans.
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September 04, 2025
DOJ Moves To End Challenge To RFK Jr.'s Vaccine Directive
The Justice Department is seeking a quick exit from a suit challenging Robert F. Kennedy Jr.'s directive recommending against the COVID-19 vaccine for pregnant women and children, telling a Massachusetts federal court Thursday that the three women and coalition of medical associations behind the suit can't demonstrate a link between the directive and any potential injuries.
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September 04, 2025
RFK Renews Attacks On CDC At Fiery Capitol Hill Appearance
U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. faced intense questioning from lawmakers on Capitol Hill on Thursday, with a handful of Republicans joining Democratic senators in voicing alarm over recent turmoil in vaccine policy and in leadership at the Centers for Disease Control and Prevention.
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September 04, 2025
PBM Rule Included In DOL Benefits Arm's Regulatory Update
The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.
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September 03, 2025
9th Circ. Affirms Toss Of Satanists' Idaho Abortion Ban Suit
The Ninth Circuit refused to revive the Satanic Temple's lawsuit that challenged Idaho's laws criminalizing abortion, ruling in a published amended opinion Tuesday that the religious association of more than 1.5 million Satanists lacked standing to sue, both based on its members and as an organization.
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September 03, 2025
9th Circ. Won't Revive Genentech Ex-Worker's 401(k) Suit
The Ninth Circuit will not reconsider whether fiduciaries for the retirement plan of biotechnology company Genentech violated their duty to be prudent by keeping certain target date retirement funds in the company's retirement portfolio.
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September 03, 2025
Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked
A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.
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September 03, 2025
Insurers Argue NC Law Doesn't Apply In Tanger's COVID Suit
Two major insurance companies shouldn't be subject to North Carolina law in a dispute over a commercial property insurance policy they penned with a Tar Heel State-based retail outlet owner, one of the insurer's counsel told North Carolina's business court in a Wednesday hearing.
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September 03, 2025
Ex-Air Force Worker Says Disability Bias Case Can't End Early
A former U.S. Air Force assistant general manager told an Arizona federal court that he supported his claims that he was denied paid safety leave during the coronavirus pandemic because of his disability, urging the court to keep his case standing.
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September 03, 2025
Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.
X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.
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September 03, 2025
Arkansas Insurance Rule Beats Union Plan's ERISA Challenge
An Illinois federal judge has tossed a Teamsters healthcare plan's challenge to an Arkansas insurance regulation that aims to protect local pharmacies from under-reimbursement for prescription drugs, saying the regulation doesn't tread on the Employee Retirement Income Security Act's territory.
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September 03, 2025
Claim Mistake Dooms Flutist's Benefits Suit, 7th Circ. Says
The Seventh Circuit backed the dismissal of a musician's suit alleging an insurer wrongfully denied her long-term disability benefits claim after a COVID-19 infection caused chronic ear ringing, ruling she needs to file a new claim because she made an error in her first application.
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September 02, 2025
Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit
Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.
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September 02, 2025
AT&T May Avoid Pension Risk Transfer Suit, Judge Says
A Massachusetts federal judge recommended granting AT&T and State Street's motions to dismiss a proposed class action from AT&T retirees alleging the companies put their pensions at unnecessary risk through an $8 billion pension annuity deal, finding allegations failed to state a claim for violating federal benefits law.
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September 02, 2025
Freddie Mac Beats Investor Suit Over Subprime Exposure
An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.
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September 02, 2025
Ex-Education Exec's Pension Cut After Theft Conviction
The former director of East Haven, Connecticut's before-and-after-school program will see a $500 monthly reduction in her pension for almost nine years after a state court judge docked the payments due to her 2021 conviction for stealing from the town's board of education.
Expert Analysis
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales
An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Challenges For Fiduciaries Adding Crypto To 401(k) Plans
As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.