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Benefits
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January 14, 2026
Alternative Asset 401(k) Investing Rule Sent To OMB
The White House Office of Management and Budget is reviewing a proposed rule from the U.S. Department of Labor's employee benefits arm related to fiduciary duties involved with alternative asset investing in 401(k)s, marking the last hurdle before the regulations' release for public comment.
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January 13, 2026
Ark. Official Urges 7th Circ. Not To Revive Pharma Rule Fight
An Illinois federal judge correctly upheld an Arkansas insurance regulation designed to protect local pharmacies, the state's insurance commissioner told the Seventh Circuit on Monday, asking the court to toss a Teamsters healthcare plan's bid to renew its challenge to the regulation.
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January 13, 2026
2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing
Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.
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January 13, 2026
Emails Show Deceit In Medicare Advantage Deal, NC Court Told
Internal documents from Atrium Health Inc. show the company never intended to follow through on a partnership for a new Medicare Advantage health plan with a plan provider who spent tens of millions of dollars to get it off the ground, the providers' counsel told a North Carolina Business Court judge Tuesday.
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January 13, 2026
Blue States Say HHS Conditions Funding On Anti-Trans Bias
A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.
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January 13, 2026
NC Judge Leery Of Early Exit Bid In Produce Co. ESOP Suit
A North Carolina federal judge seemed disinclined Tuesday to toss a lawsuit alleging a "cabal" of lawyers, private equity firms and their founders conspired to drain a produce company's employee stock ownership plan of its value, noting it's a fact-intensive case that will likely require discovery.
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January 13, 2026
Moore & Van Allen Gets Fla. Malpractice Suit Moved To NC
A Florida federal judge transferred to North Carolina a proposed class action of Floridians accusing Moore & Van Allen PLLC of mishandling their employee stock ownership trust, but rejected the law firm's request to have the case dismissed.
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January 13, 2026
Sen. Warren Questions SEC On Crypto In 401(k) Plans
Sen. Elizabeth Warren sent a letter to the U.S. Securities and Exchange Commission in advance of a banking committee vote on cryptocurrency market structure legislation, asking how the agency will protect investors as the administration also pushes to broaden access to cryptocurrency in 401(k) retirement plans.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Sen. Kelly Sues Hegseth Over Alleged Retaliation For Remarks
Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday, urging a D.C. federal court to declare unlawful Hegseth's attempt to reduce the lawmaker's Navy rank over statements reminding service members of their obligation to disregard unlawful orders.
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January 12, 2026
Elevance Nurses Are Owed No OT, Judge Told As Trial Opens
Elevance Health Inc. said Monday that claims it violated labor law by denying overtime pay to registered nurses evaluating insurance claims are "preposterous," as a Georgia federal bench trial kicked off over a suit from nearly 40 nurses alleging they were stiffed on years of pay.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
DOL Tells 4th Circ. Lockheed Pensioner Class Lacks Standing
The U.S. Department of Labor urged the Fourth Circuit to shut down a proposed class action from Lockheed Martin Corp. pension plan participants challenging the company's $9 billion pension risk transfer, arguing a Maryland federal court erred in holding that retirees had established standing.
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January 12, 2026
Wilson Sports Co., Worker End Paternity Leave Firing Suit
A Minnesota federal court tossed a suit Monday from a former Wilson Sporting Goods Co. employee who alleged the company fired him for taking parental leave in violation of the Family and Medical Leave Act, with the dismissal coming after the parties disclosed a settlement earlier this month.
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January 12, 2026
Gov't Defends IRS, SSA Handing Taxpayer Data To ICE
The Trump administration has asked a Massachusetts federal judge to dismiss a lawsuit that seeks to block the Internal Revenue Service and the Social Security Administration from sharing taxpayer addresses with immigration enforcement officials, saying the data sharing pacts are legal.
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January 12, 2026
Supreme Court Won't Disturb 9th Circ. Severance Suit Revival
The U.S. Supreme Court refused Monday to disturb a Ninth Circuit ruling that restarted two former microchip manufacturer employees' class action alleging their employer illegally revoked severance benefits following a merger, turning down an employer-side petition for review of the case.
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January 12, 2026
HHS' Pediatric Health Cuts Blocked As Likely 'Retaliatory'
A D.C. federal judge has temporarily blocked the U.S. Department of Health and Human Services from cutting nearly $12 million in pediatric health funding to the American Academy of Pediatrics, finding HHS could be retaliating for a lawsuit challenging the agency's changes to members on a federal vaccine committee.
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January 12, 2026
Neb. Bill Would Allow Income Tax Deductions For Tips, OT
Nebraska would allow individual income tax deductions for tips and overtime pay under a bill introduced in the state's unicameral Legislature.
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January 12, 2026
High Court Won't Take On No Surprises Act Enforcement Row
The U.S. Supreme Court on Monday declined to weigh in on whether the No Surprises Act denies providers a private right to enforce dispute resolution awards against insurers over emergency care coverage.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
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January 09, 2026
NextEra Energy Settles Fight Over 401(k) Forfeitures, Fees
NextEra Energy Inc. has agreed to resolve a class action from 20,000 former employees who alleged the company misspent forfeited 401(k) plan funds and allowed Fidelity, the plan's recordkeeper, to charge excessive fees, according to a joint report filed on Friday in Florida federal court.
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January 09, 2026
Mich. Bid For Behavioral Managed Care Contracts Can't Stand
A Michigan Court of Claims judge ruled the state health department's bid for Medicaid managed care contract proposals would unlawfully interfere with the duties of local governmental bodies that provide and coordinate behavioral health care.
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January 09, 2026
DOL Praises Resolution Of Home Depot 401(k) Battle
The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."
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January 09, 2026
Ex-NRA President's Fla. Lawsuit Survives Dismissal Bid
A Florida federal judge on Friday refused to toss claims from the former president of the National Rifle Association that the organization wrongly used her name, image and likeness on its website for fundraising, rejecting arguments the case amounted to a shotgun pleading.
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January 09, 2026
Future Risk Not Enough To Save Verizon Pension Annuity Suit
A New York federal judge tossed a suit from a group of retirees who claimed Verizon Communications Inc. and its independent fiduciary State Street Global Advisors Trust Co. illegally converted $6 billion in pension benefits to risky annuities, ruling that the workers hadn't shown that the annuity holders were unlikely to follow through on their benefits.
Expert Analysis
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.