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Benefits
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December 10, 2025
Tribal Casino Must Face 401(k) Fee Suit Over High Costs
A tribal hospitality and casino company must face a suit claiming its 401(k) retirement plan was bogged down by exorbitant costs and underperforming investment options, following a New York federal judge's refusal to toss the proposed class action.
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December 10, 2025
Akerman Beats Healthcare Cos.' Bid To Escape Fee Suit
Akerman LLP can continue its fees lawsuit against Rennova Health Inc. and other defendants after they lost their motion to dismiss the suit for being "facially time-barred, factually flawed and legally indefensible," a Florida state judge has ruled.
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December 10, 2025
4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight
The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.
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December 10, 2025
NY Clinic Settles Retaliation Suit With Doctor
A physician has agreed to settle his suit accusing a medical clinic of withholding his bonus and then firing him for complaining about unsanitary conditions in an autopsy suite, a New York federal judge said, discontinuing the case.
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December 09, 2025
7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit
A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.
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December 09, 2025
Co-Founder Gave Up Stock Rights, Weapons Co. Tells Chancery
Armaments Research Co. Inc., a weapons analytics company that uses AI, told the Delaware Chancery Court on Tuesday that its co-founder relinquished the contractual rights he now seeks to enforce over the valuation of his repurchased shares.
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December 09, 2025
US Asks 5th Circ. To Revive ACA Employer Tax Penalties
The IRS properly penalized a janitorial services company for failing to provide employees with healthcare coverage under the Affordable Care Act, the U.S. government said, urging the Fifth Circuit to reverse a Texas federal court ruling that voided regulations promulgating the penalties.
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December 09, 2025
Wells Fargo $84M ERISA Stock Option Suit Deal Initially OK'd
A Minnesota federal court gave its initial sign-off to an $84 million settlement that Wells Fargo & Co. agreed to pay to end a class action alleging that the bank ran afoul of federal benefits law when it used dividends earned by its employee stock ownership plan to meet its 401(k) matching obligations.
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December 09, 2025
IRS Provides Guidance On Health Savings Account Expansion
The IRS provided guidance Tuesday on new tax benefits for Health Savings Account participants, including a provision making bronze and catastrophic plans available through the Affordable Care Act marketplace HSA-compatible, even if they don't meet the definition of a high-deductible health plan.
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December 09, 2025
3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction
A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
4th Circ. Backs EIDP In Dispute Over Annuity Reductions
The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.
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December 08, 2025
Ex-Kellogg Worker's Suit Over 401(k) Fees Tossed For Good
Kellogg escaped a former employee's proposed class action alleging the food manufacturer lost its workers millions in retirement savings because of excessive recordkeeping fees, after a Michigan federal judge ruled Monday that the allegations failed to state a claim for violating federal benefits law.
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December 08, 2025
NY Hotel Ordered To Pay $4.1M In Union Benefits Dispute
A Manhattan hotel operator must hand over $4.1 million to a hotel and hospital workers union, a New York federal judge ruled, finding that the operator has failed to respond to accusations that it owes money to multiple health benefit funds.
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December 08, 2025
Schnader Harrison ERISA Class Attys Seek Cut Of $675K Deal
Class members who scored a $675,000 settlement resolving their case alleging the defunct firm Schnader Harrison Segal & Lewis LLP misdirected money meant for attorneys' retirement accounts have asked a Pennsylvania federal judge for counsel fees in the amount of one-third of the settlement.
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Hilton Retirees Push DC Circ. To Reopen Pension Case
A panel of D.C. Circuit judges appeared to agree Monday that a class of over 20,000 Hilton employees hadn't justified its request for detailed discovery on the hotel chain's compliance with a 14-year-old injunction requiring it to pay additional retirement benefits.
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December 05, 2025
10th Circ. Won't Stay Order In Union Early Retirement Case
A union pension plan must comply with an order compelling it to restore benefits to certain early retirees while it appeals the ruling that required it to do so, the Tenth Circuit held, denying the plan's request for a stay of the order.
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December 05, 2025
BofA Says Northrop 401(k) Suit Toss Backs 4th Circ. Appeal
Bank of America urged a North Carolina federal court Friday to let it appeal an earlier decision denying dismissal of a proposed class action alleging forfeitures were misspent from workers' employee 401(k) plan, arguing a Virginia federal court's decision tossing similar claims against Northrop Grumman supported its bid.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Mortgage Insurer's $650K ERISA Deal Clears First Hurdle
A North Carolina federal judge gave the initial nod Friday to a $650,000 deal a mortgage insurance company reached with a worker to close a proposed class action claiming the business didn't do enough to prevent a retirement profit sharing plan from facing a $1.3 million loss.
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December 05, 2025
Divided DC Circ. Backs Trump's NLRB, MSPB Firings
A split D.C. Circuit panel on Friday upheld President Donald Trump's firings of two labor agency officials in spite of their statutory job protections, saying they wield enough executive power that Congress can't restrict the president's authority to fire them.
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December 04, 2025
Snap Investors' $65M Deal OK'd, But Attys Face 'Cheap' Judge
A California federal judge said Thursday he will grant preliminary approval of a $65 million deal to resolve a proposed securities class action against Snapchat, but warned the plaintiffs' side they will "have to see" about the request for 30% of the settlement in attorney fees because he is "notoriously cheap."
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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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.