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Benefits
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March 23, 2026
Chicago Can't Ditch Airline Group's Sick Leave Law Challenge
An organization representing the largest U.S. airlines supported its claims that Chicago's new paid sick leave law could affect air carriers' business, an Illinois federal judge said, keeping alive the group's challenge to the law.
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March 23, 2026
Health Insurers Can't Force Conn. ERISA Row Into Arbitration
Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.
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March 23, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.
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March 23, 2026
BJ's Says Pension Fund Oversteps With Climate Study Ask
BJ's Wholesale Club told a Massachusetts federal judge that it cannot be forced to poll shareholders on whether the retailer should study the effects of deforestation on its supply chains, calling it an improper attempt at "micromanagement."
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March 20, 2026
Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme
The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."
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March 20, 2026
Union Fund Gets Early Win In ERISA Audit Fight
A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.
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March 20, 2026
Vein Restoration Co. Will Pay $4M To End False Claims Suit
The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.
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March 20, 2026
Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred
A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.
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March 20, 2026
Eye On ERISA: A Chat With King & Spalding's Darren Shuler
Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.
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March 19, 2026
SEC Sued Over Proxy Exclusion Policy Change
The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.
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March 19, 2026
Judge Quashes Subpoena Of 5 Firms That Repped Twitter
A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the employees' "conclusory allegations" that the company and Musk used the firms to make false promises of severance benefits.
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March 19, 2026
11th Circ. Partially Reopens Aetna Twin Birth Coverage Fight
The Eleventh Circuit on Thursday undid Aetna's escape from a worker's coverage dispute over an extended hospital stay for her newborn twins, agreeing with the lower court that allegations failed to state a claim for violating federal benefits law but holding that an amended complaint should have been allowed.
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March 19, 2026
NC Justices Shouldn't Ax Severance Fight, Ex-CEO Says
North Carolina's long-arm statute means its business court had jurisdiction to decide a lawsuit filed by the former CEO of a cybersecurity and IT firm over its alleged failure to buy out his equity interest as part of a severance agreement, he has argued to the state's high court in opposition to the company's appeal of a ruling keeping the case in the Tar Heel State.
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March 19, 2026
Fla. Court Won't Pause Restoration Of Medicaid Benefits
A Florida federal court has declined to pause an injunction ordering the state to restore family Medicaid to more than a million low-income enrollees, but extended deadlines to reinstate benefits and to send adequate termination notices.
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March 19, 2026
Del. High Court Revives Banker's Pay Claims Against Firm
The Delaware Supreme Court has revived key claims brought by a former investment firm banker, ruling that a lower court went too far in blocking his case based on earlier findings that he was not a partner at the firm.
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March 19, 2026
CVS, Caremark Pocket Money Meant For Rebates, Suit Claims
CVS charges drug manufacturers "exorbitant" fees in exchange for pushing their products, then pockets the money instead of funneling it toward customer rebates as it promises, a federal lawsuit alleges, accusing the company of collecting billions of dollars at customers' expense and violating the anti-racketeering statute.
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March 19, 2026
Ex-Workers Ask 11th Circ. To Overturn ERISA Exhaustion Rule
Former workers for a seafood company urged the full Eleventh Circuit to overturn precedent that led a three-judge panel to uphold dismissal of their suit alleging mismanagement of an employee stock ownership plan, arguing the court's strictest-in-the-nation standard on exhausting administrative remedies didn't align with federal benefits law.
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March 18, 2026
UnitedHealth Customers Denied Class Cert. In PrEP Suit
Two UnitedHealthcare customers can't turn their Affordable Care Act lawsuit against a company subsidiary into a class action, a Minnesota federal judge ruled Wednesday, denying the pair's bid to represent thousands of customers in litigation accusing the subsidiary of failing to approve full coverage for PrEP.
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March 18, 2026
Kyndryl Hid Cash Management Malpractice, Investor Claims
Information technology services company Kyndryl Holdings Inc. and a current and former executive were hit with a proposed shareholder class action accusing them of misleading investors with representations that the company had sufficient control over its cash management practices.
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March 18, 2026
DOL Tweaks ERISA Regs After Fiduciary Rule Lawsuits End
The U.S. Department of Labor's employee benefits arm on Wednesday published technical amendments to its fiduciary investment advice regulations, to better reflect current policy following the conclusion of two lawsuits challenging a 2024 rule that would have expanded the definition of an investment advice fiduciary under federal benefits law.
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March 18, 2026
Ex-Execs Ask Justices To Review Ruby Tuesday Benefits Fight
Former Ruby Tuesday managers are urging the U.S. Supreme Court to review their dispute alleging Regions Bank lost them $35 million in retirement plan benefits that were liquidated in bankruptcy, saying an appellate court erred in denying them monetary relief.
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March 18, 2026
Coke Bottler 401(k) Suit Put On Ice For High Court Ruling
A Coca-Cola bottler can't dodge a proposed class action claiming its 401(k) plan was loaded with lackluster options, a Texas federal judge ruled, saying the company's dismissal bid must wait until the U.S. Supreme Court weighs in on the standards for claims of retirement investment underperformance.
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March 18, 2026
8th Circ. Seems Skeptical About Nix Of Wells Fargo 401(k) Suit
The Eighth Circuit appeared skeptical Wednesday of the reasoning behind a lower court's decision to toss a proposed class action alleging Wells Fargo's 401(k) forfeiture spending violated federal benefits law, but still expressed doubts about the case's viability.
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March 17, 2026
Chancery Tosses Weapons Co. Suit, Says Claims Belong In NC
A Delaware Chancery Court judge on Tuesday dismissed a weapons analytics company's suit seeking to force one of its founders to litigate a stock valuation dispute in Delaware, ruling that the claims belong in a parallel North Carolina action and stem from a different contract than the company asserted.
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March 17, 2026
Biden Admin's Definition Of ERISA Fiduciary Erased
A Texas federal judge on Tuesday vacated regulations from the U.S. Department of Labor that would have expanded the definition of an investment advice fiduciary under federal benefits law, changes that a collective of insurance groups said the federal agency didn't have the authority to make.
Expert Analysis
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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Justices' BDO Denial May Allow For Increased Auditor Liability
The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.
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What To Expect From Justices' 401(k) Ruling, DOL Rulemaking
The U.S. Supreme Court's upcoming ruling in Anderson v. Intel, addressing alternative assets in defined contribution plans, coupled with the U.S. Department of Labor's recently proposed regulation on fiduciary duties in selecting alternative investments, could alleviate the litigation risk that has impeded wider consideration of such investments, say attorneys at Ropes & Gray.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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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.