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Benefits
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
High Court Won't Review Social Security Judge's Removal
The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.
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January 23, 2026
$200M Sun, Taro Generics Deal Gets Final OK
A Pennsylvania federal judge granted final approval Friday for a $200 million deal resolving employee benefits plans' claims against Sun Pharmaceutical and Taro Pharmaceuticals in the sprawling price-fixing litigation against generic-drug makers, while again ensuring the claims from dozens of state attorneys general remain untouched by the settlement.
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January 23, 2026
Intel Case Sets Up Justices To Tackle 401(k) Benchmarks
The U.S. Supreme Court's decision to take up a suit challenging target-date fund offerings in two Intel employee 401(k) plans gives benefits attorneys hope that clarity is coming on whether meaningful benchmarks are required to plead that investment underperformance breached fiduciary duties under federal benefits law.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
Schnader Harrison Gets Final OK To Settle ERISA Claims
A Pennsylvania federal judge has given final approval to a $675,000 settlement of claims that former Schnader Harrison Segal & Lewis LLP allegedly spent money meant for attorneys' retirement accounts to stay afloat, and awarded one-third of that amount to The Barton Firm LLP and The Garner Firm Ltd.
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January 23, 2026
7th Circ. OKs Chicago Teachers' Pension Fund Bias Suit Win
The Seventh Circuit on Wednesday affirmed the Chicago Teachers' Pension Fund's win in a former accountant's lawsuit claiming he was fired because he is a Black man in his 60s, holding that the lower court didn't err in finding that poor job performance led to his termination.
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January 23, 2026
Tech Co.'s $750K 401(k) Suit Deal Gets Final OK
A customer experience tech company will pay $750,000 to end a proposed class action alleging it failed to negotiate lower fees for its workers' 401(k) plan, according to a Colorado federal judge's order approving a settlement.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
New Securities Class Actions Declined In 2025, Report Says
New securities class action filings fell overall last year, along with aggregate settlement values and attorney fees, but the emergence of tariff-related suits could present a new trend in filings in response to actions taken by the U.S. government, according to a recent National Economic Research Associates Inc. report.
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January 22, 2026
Colo. Hospital Faces Suit Over Halt To Gender-Affirming Care
Patients of Children's Hospital Colorado filed a proposed class action in Colorado state court alleging the healthcare provider is discriminating against them through its suspension of gender-affirming medical care for patients under the age of 18 amid recent federal government mandates.
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January 22, 2026
UK Trading Co. Escapes £1.5M In Penalties For Tax Scheme
HM Revenue & Customs lacked sufficient evidence to justify more than £1.5 million ($2 million) in penalties on a securities trading company for careless and deliberate inaccuracies on its returns linked to a tax avoidance scheme involving an employee benefit trust, the Upper Tribunal ruled.
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January 22, 2026
10th Amtrak Worker Cops To Role In $11M Fraud Scheme
A former Amtrak employee has admitted to participating in a scheme that prosecutors claim defrauded the rail carrier out of $11 million in health benefits, making him the 10th defendant in a year to plead guilty in the case, the U.S. attorney's office in New Jersey said on Thursday.
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January 22, 2026
Walmart Defeats Black Manager's Race Bias, Harassment Suit
Walmart prevailed Thursday over a suit from a Black former manager who said he was denied a promotion and subjected to racist harassment on the job, when a Michigan federal judge ruled he lacked evidence that he was qualified for higher roles or had endured severe mistreatment.
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January 22, 2026
Ex-Surgeon Prevails Over Insurers In Lifetime Disability Fight
A Michigan federal judge handed a disabled surgeon a win against two insurance companies Thursday in his suit seeking total disability benefits for life, siding with the ex-worker's argument that the insurers erred in determining that his condition was caused by sickness instead of injury and cutting off benefits.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
EXp Brass Can't Shake Claims It Ignored Sexual Misconduct
The Delaware Chancery Court has allowed the bulk of a shareholder lawsuit against eXp World Holdings Inc. to proceed, saying it is reasonable to infer the real estate brokerage's board "effectively did nothing" in response to red flags about widespread allegations of drugging, rape and sexual assault.
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January 21, 2026
Schwab Nixed From DOL Enforcement Suit Against Other Firm
A Pennsylvania federal judge on Wednesday dismissed two Schwab companies from a U.S. Department of Labor enforcement case, finding the financial services providers' participation was no longer needed in the agency's dispute against another firm.
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January 21, 2026
Ex-Military Heads Back Sen. Kelly In Suit Against Hegseth
Dozens of former military leaders have backed U.S. Sen. Mark Kelly, D-Ariz., in challenging Defense Secretary Pete Hegseth's bid to reduce his Navy rank, saying Kelly's punishment for "accurate statements of military law" discourages veterans from exercising their own First Amendment rights.
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January 21, 2026
9th Circ. Reverses Ruling In $4.1M Union Health Plan Suit
A California district court erred in concluding a medical center where union dockworkers received treatments was not a hospital, a split Ninth Circuit panel ruled Wednesday, sending the workers' $4.1 million claims dispute against a multiemployer health plan back to the lower court.
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January 21, 2026
UPS Strikes Deal In Class Action Over Pay For Military Leave
UPS has reached a deal to end a class action alleging the package delivery giant violated federal law by failing to pay drivers for short-term military leave despite providing compensation for jury duty and other short-term absences, according to a filing in Washington federal court.
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January 21, 2026
Starbucks Settles COBRA Suit From Ex-Worker's Spouse
Starbucks has agreed to settle a proposed class action from employee health plan participants and their beneficiaries alleging lapses in the coffee chain retailer's post-employment medical insurance notices, according to filings in Florida federal court.
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January 21, 2026
Whole Foods Can't Escape Workers' Tobacco Fee Suit
A Texas federal judge refused to toss a proposed class action against Whole Foods from employee health plan participants who challenged a surcharge on workers who used tobacco, ruling allegations should proceed to discovery that the fees violated multiple provisions of federal benefits law.
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January 20, 2026
John Roberts Welcomes John Roberts To Supreme Court
U.S. Supreme Court advocates have tips galore for staying calm at a debut argument, including diligent preparation, mindful breathing and treating the event as a conversation. But a Proskauer Rose LLP attorney benefited Tuesday from a distinctive development: the chief justice's introductory jest about the two of them not being related.
Expert Analysis
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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.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.