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Benefits
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									August 15, 2025
									X Denied Early Win In Ex-Worker's WARN Act FightA California federal court turned down X Corp.'s bid for an early win in a suit alleging Twitter employees weren't given proper notice of mass layoffs that followed Elon Musk's takeover of the social media company, citing disputes between the parties over why the ex-worker who sued was let go. 
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									August 14, 2025
									OptumRx Flags Email Accidentally Sent To Opioid MDL PartiesUnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision. 
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									August 14, 2025
									Energy Co. Can't Avoid 401(k) Forfeiture, Fee FightA Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law. 
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									August 14, 2025
									Las Vegas Cos. Owe $1.2M In Union Pension Row, Judge SaysTwo window-washing companies in Las Vegas are on the hook for more than $1.2 million in withdrawal liability to a union pension plan, a Nevada federal judge determined, concluding the businesses are successors of older companies. 
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									August 14, 2025
									ServiceNow Inks $925K Deal In 401(k) Target-Date Fund SuitSoftware company ServiceNow will pay $925,000 to settle a proposed class action alleging the business cost workers millions in savings by failing to trim underperforming target-date funds from its 401(k) plan, according to filings in California federal court docketed Thursday. 
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									August 14, 2025
									HCA Settles Antitrust Claims Over Mission Health ContractsHCA Healthcare Inc. has made several commitments for the operation of its Mission Health hospital system in North Carolina and also agreed to establish a $1 million charity fund to settle claims from municipalities that it used contractual terms to thwart competition and raise prices. 
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									August 13, 2025
									Dick's Sporting Goods Suit Should Be Trimmed, Judge SaysA Pennsylvania federal judge has recommended trimming a shareholder class action that claims Dick's Sporting Goods misled investors about inventory levels and losses because of theft after the COVID-19 pandemic, finding that some of the suit's challenged statements are forward-looking and inactionable, among other things. 
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									August 13, 2025
									Labcorp Wins ERISA Trial As Judge Cites Stronger WitnessesMedical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility. 
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									August 13, 2025
									9th Circ. Greenlights Expansive Use Of Discovery StatuteThe Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund. 
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									August 13, 2025
									High Court's Trans Ruling Doesn't Change Insurer's ACA LossA Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti. 
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									August 13, 2025
									8th Circ. Revives Ark. Ban On Youth Gender-Affirming CareA split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure. 
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									August 13, 2025
									Chancery OKs $7.5M Atty Fee In $50M Lutnick Bonus BattleClass attorneys who secured a $50 million derivative suit settlement fully offsetting a disputed bonus paid in 2021 to former Newmark Group Inc. controller and current Commerce Secretary Howard Lutnick saw their proposed 25% attorney fee cut to 15% by a Delaware vice chancellor on Wednesday. 
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									August 13, 2025
									Bank Of America Can't Escape 401(k) Forfeiture SuitA North Carolina federal judge refused to toss a proposed class action against Bank of America alleging the bank misspent 401(k) plan forfeitures, finding allegations that the bank's decision to reduce obligations to other employees' accounts instead of defraying plan expenses had stated a claim for violating federal benefits law. 
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									August 13, 2025
									Pa. Judge Ends Employers' Expanded Birth Control ExemptionsA Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions. 
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									August 13, 2025
									11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits SuitA former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago. 
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									August 12, 2025
									Goldman Sachs Objector's $517K Fee Bid Slashed To $50KA Delaware vice chancellor has slashed an objector's counsel fee and expense request from $517,000 to $50,000 as part of a settlement in a derivative suit against Goldman Sachs directors, and awarded the plaintiffs their sought-after $612,500 in fees. 
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									August 12, 2025
									Airbnb Wants Conservative Shareholder Proposal Suit TossedAirbnb has asked a Delaware federal court to toss a suit alleging the vacation rental company wrongfully excluded conservative shareholders' proposals from its 2025 proxy materials, arguing they haven't alleged anyone at the company knew about the proposals at all. 
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									August 12, 2025
									SAG-AFTRA Health Plan Members Settle Data Breach SuitSAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event. 
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									August 12, 2025
									Sentara Health Must Face Trimmed Stable Value Fund SuitA Virginia federal court refused to toss a proposed class action alleging healthcare not-for-profit Sentara Health mismanaged an employee retirement plan, finding workers had sufficiently backed up claims that a stable value fund in the plan underperformed and their employer's investment management process was lacking. 
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									August 12, 2025
									11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit LiabilityThe Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract. 
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									August 12, 2025
									Teamsters Fund Fights Debt Recalculation Order At 7th Circ.The Seventh Circuit should overturn an Illinois federal judge's order for a Teamsters pension fund to recalculate a concrete company's debt, the fund argued, saying the fund's original finding that the company owed roughly $23 million was correct. 
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									August 12, 2025
									DOL Yanks 2021 Guidance On Private Equity 401(k) RisksThe U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called for expanding access to alternative asset classes in defined-contribution retirement plan investing. 
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									August 12, 2025
									Deal Unveiled In Schnader Harrison ERISA Case After DelaysSchnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court. 
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									August 12, 2025
									Katten Adds King & Spalding Executive Compensation ProKatten Muchin Rosenman LLP has added an experienced executive compensation attorney from King & Spalding LLP in the nation's capital. 
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									August 12, 2025
									11th Circ. Wary Of Individual Arbitration Push In ESOP FightThe Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents. 
Expert Analysis
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								Justices Mull Sex-Based Classification In Trans Law Case  After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright. 
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								Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill  In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen. 
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								Rethinking Clawback Policies For 2025 Compensation Season  The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise. 
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								Series Gardening Makes Me A Better Lawyer.jpg)  Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons. 
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								ERISA Ruling Is A Win For DOL Regulatory Authority  In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law. 
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								Litigation Inspiration: Reframing Document Review  For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben. 
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								Unpacking Arguments From High Court's Rural Hospital Case  During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding. 
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								California Supreme Court's Year In Review  Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule. 
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								The Challenges Of Abandoned Retirement Plans In Ch. 7.jpg)  The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto. 
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								Best Practices For Effective Employee Assistance Programs  Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner. 
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								Series Flying Makes Me A Better Lawyer  Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson. 
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								Series Circus Arts Make Me A Better Lawyer  Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson. 
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								3 Ways To Train Junior Lawyers In 30 Minutes Or Less  Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields. 
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								6th Circ. Ruling Prevents Disability Insurer Overreach  The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law. 
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								The Bar Needs More Clarity On The Discovery Objection Rule  Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.