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Benefits
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January 28, 2026
3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit
The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.
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January 27, 2026
Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules
The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.
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January 27, 2026
US Bancorp Shells Out $250K To End Workers' 401(k) Suit
U.S. Bancorp has agreed to pay $250,000 to end a class action by participants in the company's employee 401(k) plan alleging the plan paid excessive recordkeeping fees in violation of federal benefits law.
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January 27, 2026
Split 9th Circ. Backs Blue Shield Win In Residential Care Row
A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.
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February 12, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Investor Group Battles PG&E's $100M Wildfire Suit Deal
A faction of the proposed class members in a securities class action targeting Pacific Gas & Electric Co. have asked the California federal judge overseeing the case to deny a settlement of claims that the company misled investors about its safety practices ahead of deadly wildfires in the past decade.
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January 27, 2026
Sen. Kelly Bashes DOD's 'Alarming' Attempt At Punishment
Sen. Mark Kelly, D-Ariz., a retired U.S. Navy captain, says the U.S. Department of Defense is seeking to impose an "unprecedented" and "radical" view of military veterans' First Amendment rights in order to punish him for telling members of the military they don't have to follow unlawful orders.
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January 27, 2026
Full 11th Circ. Will Rehear Seafood Co. Workers' ESOP Suit
The full Eleventh Circuit will rehear a proposed class of seafood company workers' bid to revive mismanagement allegations against their employer and an employee stock ownership plan trustee, the court said Tuesday, after a three-judge panel affirmed dismissal of the case in October.
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January 27, 2026
Divisions Emerge At 2nd Circ. Over Reproductive Rights Law
A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.
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January 27, 2026
11th Circ. Scrutinizes Royal Caribbean's Defeat Of 401(k) Suit
The Eleventh Circuit zeroed in Tuesday on whether a lower court had enough evidence to hand Royal Caribbean a pretrial win in a suit brought by cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds.
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January 27, 2026
Troubled Apt. Co-Op Seeks $6M State Loan To Clear Liens
The receiver overseeing the finances of the 924-unit Success Village Apartments has asked a Connecticut court to allow it to borrow $6 million from the state Department of Housing, which the agency has already approved, "to eliminate the many tax and utility liens" on the property.
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January 26, 2026
Whole Foods $2M ERISA Deal OK'd, Class Counsel Get $666K
A Texas federal judge signed off on a $2 million settlement between Austin-based Whole Foods and its employees, resolving a class action in which the company was accused of mismanaging employee 401(k) accounts by failing to negotiate for lower administrative fees.
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January 26, 2026
Medtronic Investors Ask 8th Circ. To Revive Insulin Pump Suit
Investors have asked the Eighth Circuit to revive a securities class action against medical device manufacturer Medtronic, arguing that a Minnesota federal court wrongly dismissed the case in October for failure to state a claim.
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January 26, 2026
Generics Makers Fight Cert. In Cholesterol Drug Pricing MDL
Generic-drug makers sought to defeat a bid to certify proposed classes comprising thousands of pharmacies that indirectly purchased and resold generics at the center of sprawling price-fixing litigation, telling a Pennsylvania federal court Monday that certification would result in an "unmanageable trial."
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January 26, 2026
Anthem Seeks Dismissal Of 'Ghost Network' Class Action
A proposed class action's allegations that Anthem Health Plans maintains inaccurate mental health directories known as ghost provider networks aren't true and are "legally deficient," the insurer and its parent company, Elevance Health Inc., argued while urging a Connecticut federal court to toss the suit.
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January 26, 2026
11th Circ. Backs MetLife's Death Benefits Denial
The Eleventh Circuit on Monday upheld MetLife's denial of accidental death benefits to a federal government worker who died days after she broke her leg and ankle exiting a vehicle, finding the insurer's exercise of an exclusion for contributing underlying physical illnesses wasn't arbitrary or capricious.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
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January 26, 2026
Duke Gets Final Approval For $2.35M Mortality Data Deal
A North Carolina federal judge on Monday gave her final seal of approval to a $2.35 million settlement ending claims that Duke University shorted former employees by millions of dollars by using decades-old mortality tables to calculate retirement benefits.
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January 26, 2026
Pool Equipment Co. Reaches $20M Deal To End Investor Suit
Pool equipment maker Hayward Holdings Inc. has reached a nearly $20 million deal with its investors to settle claims that it failed to properly disclose its struggles with ballooning inventory and lowered demand.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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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.
Expert Analysis
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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.
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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.