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Benefits

  • March 11, 2025

    2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight

    The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.

  • March 11, 2025

    NYC Workers Can't Revive Fossil Fuel Divestment Challenge

    A New York state appeals court refused Tuesday to reopen a lawsuit claiming several New York City pension plans unlawfully put politics over municipal employees' financial needs by divesting $3.9 billion from fossil fuels, backing a trial court's determination that the workers hadn't shown their benefits were affected.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company聽failed to pay his entire聽pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 10, 2025

    Whole Foods Workers Can't Have Class Cert. In Bonus Suit

    A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.

  • March 10, 2025

    Masimo Founder Urges Toss Of 'Empty Voting' Suit

    The founder of Masimo Corp. has urged a New York federal court to permanently toss the medical technology company's suit alleging he manipulated a shareholder vote, arguing that the suit fails to state a plausible claim under the Exchange Act.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Latham-Led Physical Therapy Startup Hinge Health Files IPO

    Artificial intelligence-focused physical therapy startup Hinge Health Inc. on Monday filed plans for an initial public offering, represented by Latham & Watkins LLP and underwriters counsel Davis Polk & Wardwell LLP, joining a growing number of IPO prospects.

  • March 10, 2025

    CVS PBM Caused Up To $330M In Part D Damages, Judge Told

    A CVS-owned pharmacy benefits manager caused anywhere from $240 million to $330 million in damages by overbilling the government for Medicare Part D sponsored drugs, counsel for a whistleblower told a Pennsylvania federal judge at the beginning of a False Claims Act bench trial on Monday.

  • March 10, 2025

    Morton Buildings Will Pay $4 Million To End ESOP Fight

    Morton Buildings Inc. has agreed to shell out $4 million to end a proposed class action in Illinois federal court alleging the company's directors and Argent Trust Co. sold private stock to Morton workers' employee stock ownership plan at an inflated price.

  • March 10, 2025

    Tribal Casino Says Sovereign Immunity Sinks 401(k) Fee Suit

    A tribal hospitality and casino company said it shouldn't face a proposed class action alleging its 401(k) plan was bogged down by exorbitant costs and underperforming investment options, telling a New York federal court it's immune from the case as an arm of the Oneida Indian Nation.

  • March 10, 2025

    Amazon Worker Can't Seal Military Leave Settlement

    A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling 鈥 which also said the agreement doesn't need to hit the docket.

  • March 10, 2025

    Car Parts Co., Ex-Worker Settle Tobacco Surcharge Suit

    An Illinois-based car parts manufacturer will pay $299,000 to resolve claims that it unlawfully required tobacco users in its health plan to pay a $100 monthly fee without making clear they could avoid the charge by enrolling in a cessation program, according to federal court filings.

  • March 10, 2025

    Comerica Sued Over Interest Earned On Gov't Benefits Cards

    Comerica Bank was hit with a proposed class action Friday claiming that the bank is not entitled to keep interest it earns on Social Security and other federal benefits Comerica distributes through government benefits cards.

  • March 07, 2025

    AGs Say Anti-Trans Admin Puts $367M Hospital Grants At Risk

    Attorneys general from Washington and three other states told a federal court that the Trump administration has canceled thousands of dollars in grant funding for gender-affirming care 鈥 and threatened to strip up to nearly $370 million more 鈥 in violation of court injunctions.

  • March 07, 2025

    Hints Of A New High Court Majority Emerge In Trump Cases

    The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.

  • March 07, 2025

    Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal

    Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.

  • March 07, 2025

    Occidental Prevails In Ex-Anadarko Worker's Severance Fight

    A Texas federal judge granted an early win Friday to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.

  • March 07, 2025

    Split DC Circuit Says Distillery, Union Didn't Reach Impasse

    A divided D.C. Circuit panel greenlighted on Friday enforcement of a National Labor Relations Board decision dinging an Oregon distillery for illegally imposing a final offer without reaching an impasse in contract talks with a Teamsters affiliate, with a dissenting judge saying the union used delay tactics.

  • March 07, 2025

    Boeing Investors Certified As Class In 737 Blowout Suit

    A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.

  • March 07, 2025

    Morgan Lewis Scoops Up Reed Smith Employment Atty

    Morgan Lewis & Bockius has added a seasoned employment law attorney from Reed Smith to its Chicago office, bringing on a lawyer with more than two decades of experience litigating disputes ranging from benefits law to whistleblower complaints.

  • March 07, 2025

    DC Judge Declines To Block DOGE From Treasury Systems

    A D.C. federal judge on Friday declined to wall off access to the federal government's payment systems from employees of the so-called Department of Government Efficiency during a lawsuit brought by retirees and union groups, determining the alleged privacy risks were not enough to warrant the court's intervention.

  • March 07, 2025

    Ex-Del. Rowing Coach Sues After Disability Benefits Denied

    The former head coach of the University of Delaware's women's rowing team took her insurer to North Carolina federal court after it allegedly cut off her long-term disability benefits, which she asserted she is entitled to under her policy contract and the law.

  • March 06, 2025

    9th Circ. Nixes Challenge To Wash. Abortion Coverage Law

    A split Ninth Circuit panel on Thursday rejected a Christian church's challenge to a Washington state law requiring employer health plans to cover abortion services, saying the church could invoke its religious beliefs to skirt the challenged obligations.

  • March 06, 2025

    Paychex Wins Initial Toss Of Worker's Rollover Theft Suit

    A New York federal judge tossed a 401(k) participant's suit alleging Paychex is liable for a stolen rollover distribution the company would only mail via paper checks, inviting the worker to replead allegations under the Employee Retirement Income Security Act.

Expert Analysis

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that鈥檚 so powerful about artificial intelligence is also what鈥檚 most scary about it 鈥 its ability to detect patterns may curtail young attorneys鈥 chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • SEC Settlement Holds Important Pay-To-Play Lessons

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    The U.S. Securities and Exchange Commission鈥檚 recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC鈥檚 strict pay-to-play rule, say attorneys at Lowenstein Sandler.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners 鈥 though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional 鈥渢rusted adviser鈥 paradigm from which most firms operate is no longer sufficient 鈥 they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court鈥檚 recent order enjoining the state鈥檚 anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance聽investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

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    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court鈥檚 Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • How Fund Advisers Can Limit Election Year Pay-To-Play Risks

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    With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court鈥檚 Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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