Benefits

  • October 31, 2025

    3 Argument Sessions Benefits Attys Should Watch In Nov.

    The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.

  • October 30, 2025

    Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis

    Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.

  • October 30, 2025

    NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight

    A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.

  • October 30, 2025

    Tribes Act As Shutdown Threatens Food, Health Services

    With Supplemental Assistance Nutrition Program funding set to expire on Friday, at least four Indigenous nations have declared states of emergency, saying the stalemate between U.S. politicians is impacting vital services and benefits that are threatening their welfare.

  • October 30, 2025

    Pension Fund Says Yellow Plan Can't Reserve Claim Argument

    A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.

  • October 30, 2025

    7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win

    The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.

  • October 30, 2025

    Surgical Co. Gets Tobacco Fee ERISA Suit Kicked To Texas

    A proposed class action alleging that a surgical center operator discriminated against workers who use tobacco by making them pay more for health coverage belongs in Texas, a Kentucky federal judge said, ruling that the business doesn't have enough connection to Kentucky.

  • October 29, 2025

    ZoomInfo Must Face Investors' Accounting Fraud Suit

    A Washington federal judge is allowing investors in software provider ZoomInfo Technologies Inc. to move forward with claims that the company acted to conceal post-pandemic customer losses, but threw out allegations against controlling shareholders that the judge said lacked a factual basis.

  • October 29, 2025

    Del. Justices Mull Call To Revive Amazon-Blue Origin Suit

    An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.

  • October 29, 2025

    Ohio Justices Revisiting Governor's Pandemic Aid Withdrawal

    Ohio's participation in temporarily enhanced unemployment benefits during the early days of the COVID-19 pandemic will again go before the Ohio Supreme Court after the governor petitioned for review, arguing that state law doesn't force him to seek certain federal funds.

  • October 29, 2025

    Dems Spotlight Risks Of Crypto, Private Equity In 401(k) Plans

    The Trump administration's support for cryptocurrency and other private market investments in American retirement plans is "dangerous," a group of Democratic senators told two agencies tasked with carrying out an executive order that aims to make it easier for retirement plans to feature such assets.

  • October 29, 2025

    Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit

    Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.

  • October 29, 2025

    Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling

    A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.

  • October 29, 2025

    Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed

    U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.

  • October 28, 2025

    Justices Told 9th Circ. Erred In ERISA Claim Release Fight

    A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.

  • October 28, 2025

    Ex-Worker Drops 401(k) Forfeiture Suit Against CommonSpirit

    A former CommonSpirit Health employee dismissed her proposed class action accusing the Catholic healthcare system of unlawfully using forfeited 401(k) funds to cover its own contributions rather than reducing administrative expenses shouldered by plan participants, according to filings in Kentucky federal court.

  • October 28, 2025

    Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools

    Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.

  • October 28, 2025

    Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed

    Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.

  • October 28, 2025

    Building Materials Co. Misled Investors About Sales, Suit Says

    Fiber cement products manufacturer James Hardie Industries PLC has been hit with a proposed investor class action accusing it of making misleading claims about its ability to strengthen its North American segment while a significant portion of its customers were destocking inventory.

  • October 28, 2025

    Cognizant Can't Knock Out Suit Over 401(k) Roster, Fees

    Cognizant Technology Solutions failed to shut down a proposed class action claiming the information technology company saddled its 401(k) plan with subpar investment options and steep recordkeeping fees, though a New Jersey federal judge said it's unclear whether the ex-workers behind the suit have standing.

  • October 27, 2025

    Teva To Pay $35M In Suit Over Delayed Generic Inhalers

    Teva Pharmaceuticals will pay $35 million to resolve claims from a coalition of union healthcare funds that say the company schemed to delay generic competition for its QVAR asthma inhalers, according to a motion for preliminary injunction filed in Massachusetts federal court.

  • October 27, 2025

    Manufacturer Ditches Workers' 401(k) Fee Suit For Good

    An Illinois federal judge has permanently dismissed a proposed class action claiming manufacturer Dover Corp. saddled its $1.4 billion retirement plan with excessive recordkeeping and administrative fees, saying the participants' comparator data isn't sufficient under the latest Seventh Circuit guidance for analyzing fiduciary prudence.

  • October 27, 2025

    Pool-Sharing Co. CEO Sued For Job Protection Poison Pill

    A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.

  • October 27, 2025

    CVS Let 401(k) Get Bogged Down With High Fees, Suit Says

    CVS costs workers millions in retirement savings and violated federal benefits law by failing to rein in excessive administrative fees in its $27 billion 401(k) plan, a former pharmacist said in a proposed class action filed in New York federal court.

  • October 27, 2025

    Acadia Pushes For Appeal Of Investors' Partial Early Win

    Acadia Healthcare Company Inc. is looking to appeal a partial early win granted to a proposed class of investors accusing the company of misleading them about the strength of its United Kingdom operations, arguing that the court's recent ruling presents controlling questions of law warranting immediate appellate review.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • Justices Likely To Stay In ERISA's Bounds On Pleadings

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    The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

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