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Benefits
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December 17, 2025
Doctors Not Harmed By CDC's Vaccine Guidance, Feds Say
The federal government argued Wednesday that doctors lack standing to challenge the overhaul of a key federal vaccine committee that has since downgraded the COVID-19 shot, saying healthcare providers haven't been harmed by the policy shifts.
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December 17, 2025
6th Circ. Revives NJ Drivers' Wage Action Against Hub Group
Two drivers alleging that logistics company Hub Group misclassified them as independent contractors have no connection to Tennessee, the Sixth Circuit ruled, departing from a Tennessee federal court's decision that found their suit under New Jersey law couldn't stand.
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December 17, 2025
Adderall Telehealth Startup Indicted After CEO's Conviction
A San Francisco grand jury has indicted California telehealth startup Done Global, alleging it had a role in a healthcare fraud conspiracy that involved submitting false claims to government health programs and distributing $100 million in Adderall and other drugs through subscription services, federal prosecutors said Wednesday.
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December 16, 2025
DOD To Reevaluate Discharges Over COVID Vax Refusal
The U.S. Department of Defense said on Tuesday that Secretary of Defense Pete Hegseth ordered a reevaluation of the discharge status of service members who were involuntarily removed from the military after they refused to receive the COVID-19 vaccine.
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December 16, 2025
4 Big Benefits Policy Moves From 2025's 2nd Half
President Donald Trump signed an order aimed at expanding retirement plans' access to investing in a wider range of assets in 401(k) plans, while the government hit the brakes on the previous administration's effort to expand the definition of who is a fiduciary under federal benefits law. Here are four significant policy moves from the latter half of 2025 that benefits attorneys should know.
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December 16, 2025
United Airlines Kept Shoddy Fund In $11.8B 401(k), Suit Says
United Airlines shirked federal benefits law by allowing an underperforming investment fund to weigh down its $11.8 billion retirement plan, according to a proposed class action a worker filed in Illinois federal court Tuesday.
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December 16, 2025
$1.4M Deal In Workers' 401(k) Fee Suit Gets Initial OK
A California federal judge gave initial approval to a $1.4 million settlement that would end claims that security firm Allied Universal levied excessive fees on its workers' retirement accounts.
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December 16, 2025
WorldQuant Predictive Technologies Sues Ex-CEO, Lawyer
The ousted CEO of WorldQuant Predictive Technologies LLC and his attorney brought vexatious lawsuits against the company as part of an effort to dodge an arbitrator's $691,000 award in favor of the AI-driven business solutions provider, the company says in a lawsuit in Connecticut state court.
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December 16, 2025
Hospital Owners Sue HHS Over Medicare Payment Rule
Allina Health System and other nonprofit hospital owners have sued the U.S. Department of Health and Human Services, telling a D.C. federal judge it unlawfully enacted a rule that will cause safety-net hospitals to lose out on billions of dollars of Medicare payments.
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December 15, 2025
9th Circ. Backs Honeywell Over Engineer's Retaliation Claims
The Ninth Circuit rejected an ex-Honeywell engineer's challenge to her firing after voicing concerns about avionic software that was part of a Boeing defense contract, finding any potential fraud to the government was too far removed to support a retaliation claim.
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December 15, 2025
Connecticut 'Likely' To Settle Generic Drug Price Cap Dispute
A pharmaceutical industry trade group and the state of Connecticut have signaled their intent to settle a feud over the interpretation of the state's generic drug price cap law, and a federal judge gave them until Monday to say more about their plan.
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December 15, 2025
11th Circ. Rejects ESOP Managers' Individual Arbitration Push
The Eleventh Circuit on Monday backed a court's decision to keep a lawsuit in Georgia federal court alleging a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, holding that an arbitration provision was unenforceable because it blocked rights under federal benefits law.
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December 15, 2025
Judge Exits ESOP Suit Against BDO, Citing His Wife's Tie
A Massachusetts federal judge recused himself from a proposed class action alleging that accounting giant BDO USA and company executives sold stock at an inflated price to an employee stock ownership plan in a $1.3 billion deal, citing his wife's financial interest in a company involved in the case.
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December 15, 2025
High Court Won't Hear Illinois County's ADA Back Pay Appeal
The U.S. Supreme Court declined an invitation Monday from Cook County, Illinois, to review a Seventh Circuit ruling that said a former corrections officer can seek back pay after winning a disability discrimination verdict.
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December 12, 2025
Fired MSPB Member Urges Full DC Circ. To Rehear Case
A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.
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December 12, 2025
Mich. High Court Backs Rejection Of Farmwork Comp Suit
A closely divided Michigan Supreme Court on Friday let stand a lower appellate court holding that a nonprofit's legal challenge to a state policy denying workers' compensation pay to unauthorized immigrants was filed too late.
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December 12, 2025
Printing Co. Defends Trial Win In $265M ESOP Sale Dispute
A printing company's directors and employee stock ownership plan trustee say the Seventh Circuit should back their win over accusations they illegally undersold the company into private equity for $265 million, arguing the trial court correctly decided their interests were "perfectly aligned" with plan participants' interests.
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December 12, 2025
Delta Retirees' Pension Dispute Paused For Mediation Efforts
A Nevada federal judge Thursday froze a proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts, giving the airline and the former workers behind the suit a chance to try and reach a deal.
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December 12, 2025
Sherwin-Williams Flicks Tobacco Fee Suit To Arbitration
An Ohio federal judge refused Friday to toss a proposed class action from two Sherwin-Williams ex-workers who alleged an employee health plan tobacco surcharge violated nondiscrimination provisions in federal benefits law, finding while one claim could proceed in court, the dispute should first head to arbitration.
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December 12, 2025
Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.
An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.
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December 12, 2025
4 Big ERISA Litigation Developments From 2025's 2nd Half
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
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December 11, 2025
Trump Orders Review Of Proxy Advisers' 'Substantial Power'
President Donald Trump on Thursday issued an executive order that aims to scrutinize the influence that proxy adviser firms like Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC have, including in relation to diversity, equity and inclusion agendas.
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December 11, 2025
House Passes Bill To Rev Up Investment, Biz Opportunities
The U.S. House of Representatives on Thursday passed bipartisan legislation that would revamp securities law by making it easier for entrepreneurs and small businesses to access capital and by expanding investment opportunities in private markets.
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December 11, 2025
Trial Record Backs Gender-Affirming Care, Ohio Justices Told
A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.
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December 11, 2025
Failed ACA Credit Extension Votes Leave Costs In Limbo
The Senate failed Thursday to pass procedural votes on two healthcare proposals to address the upcoming lapse in the Affordable Care Act's enhanced premium tax credits, including a proposal by Democrats to extend the subsidies for three years.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.