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Benefits
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March 25, 2026
VA Says Court Can't Enforce Reinstated Bargaining Contract
The U.S. Department of Veterans Affairs told a Rhode Island federal court it hasn't violated a preliminary injunction reinstating its bargaining contract with over 300,000 employees, arguing the court can't remedy the union's claims of subsequent contract breaches.
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March 25, 2026
Del. Chancellor Pauses Tesla Suit As Musk Cites LinkedIn Post
The Delaware Chancery Court has paused a high-profile Tesla stockholder case following a recusal bid from Elon Musk and Tesla Inc. after a judge's LinkedIn account appeared to react to a post celebrating a recent California jury verdict against Musk, including language praising efforts to stand up to "the richest man in the world."
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March 25, 2026
Ecolab Trims But Can't Escape Mortality Table Pension Suit
A Minnesota federal judge trimmed but refused to toss a proposed class action against Ecolab Inc. from retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated, holding that two early retirees who sued lacked standing and that a fiduciary breach claim was time-barred.
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March 24, 2026
2nd Circ. Won't Recharge Solar Panel Co. Investor Suit
The Second Circuit won't revive a proposed investor class action alleging solar panel infrastructure company Array Technologies failed to convey the impact of certain heightened costs stemming from the COVID-19 pandemic.
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March 24, 2026
Biz Services Co. Faces ERISA Suit Over 'Tobacco Surcharge'
Business services company Conduent unlawfully imposes health insurance surcharges on employees who use tobacco products, forcing them to pay more for coverage the company provides, a former employee and plan participant said in a proposed class action in New Jersey federal court.
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March 24, 2026
Union Fails To Shut Down Suit Over Retirement Plan Roster
A carpenters union and its retirement plan manager failed in an early bid to defeat a class action claiming they violated federal benefits law by investing retirement plan assets in risky funds that lost more than $250 million, with a Washington federal judge saying the Ninth Circuit already determined that the workers have a viable claim.
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March 24, 2026
$5.7M Cigna Ghost Network Deal Receives Final Go-Ahead
An Illinois federal judge gave his final sign-off Tuesday to a $5.7 million settlement in what he called an "interesting" case accusing Cigna of improperly advertising out-of-network providers as though they're in-network for certain benefit plans it administered.
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March 24, 2026
Health Co. Escapes Workers' 401(k) Forfeiture Suit In La.
A Louisiana federal judge agreed to toss a federal benefits lawsuit against a health company from workers who alleged the company misspent forfeitures from their employee 401(k) plan, rejecting the workers' argument that funds should have gone toward defraying expenses instead of lowering employer-side contribution obligations.
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March 24, 2026
Union Fund Asks High Court To Preserve 2nd Circ. Win
The U.S. Supreme Court shouldn't disturb a union pension fund's win in a multimillion-dollar dispute with the federal agency that bails out struggling pension funds, the fund's trustees have argued, asking the justices to reject the Pension Benefit Guaranty Corp.'s petition for review of a Second Circuit ruling.
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March 24, 2026
FTC To Mull Caremark Deal In PBM Insulin Pricing Case
Federal Trade Commission staffers have asked to let the agency's commissioners consider a potential settlement with Caremark in a case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes, following a recent deal with Express Scripts.
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March 24, 2026
Ex-NRA Head Faces Sanctions Bid For Throwing Water At Atty
The National Rifle Association asked a Florida federal judge to dismiss a suit from a former association president as a sanction because the former leader cursed at and threw water from her glass at the association's counsel when she was deposed this month.
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March 24, 2026
Justices Won't Review Class Cert. In Diabetes Drug Risk Case
The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.
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March 23, 2026
J&J Amici Seek Clarity On Goldman Precedent For Class Cert.
Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.
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March 23, 2026
Chemical Co. Beats Suit Over Pension Plan's Mortality Data
Chemical manufacturer Olin Corp. has defeated a proposed class action alleging it shortchanged retirees' pension payments by relying on decades-old mortality data, with a Missouri federal judge saying federal benefits law doesn't dictate the information employers should use to calculate their plans' actuarial estimates.
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March 23, 2026
Trucking Co. Denied H-2A Workers Overtime, Suit Says
A Texas trucking company denied H-2A workers overtime pay and misrepresented the nature of their work to qualify for the federal visa program, according to a proposed collective action filed Monday in federal court.
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March 23, 2026
Progressive Escapes Workers' Tobacco, Vaccine Fee Suit
Allegations that Progressive Corp. wrongly charged higher health premiums from workers who used tobacco or refused the COVID-19 vaccination failed to state a claim for violating federal benefits law, an Ohio federal judge ruled as he tossed a proposed class action against the insurance giant.
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March 23, 2026
3rd Circ. Sides With Nuclear Plant Co. In Union Benefits Fight
The Third Circuit on Monday sided with a nuclear power company in a dispute with an electrical workers union over contributions to employee healthcare premiums, holding that the union couldn't force issues out of court because their disagreement was outside the scope of the collective bargaining agreement's arbitration provision.
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March 23, 2026
Chicago Can't Ditch Airline Group's Sick Leave Law Challenge
An organization representing the largest U.S. airlines supported its claims that Chicago's new paid sick leave law could affect air carriers' business, an Illinois federal judge said, keeping alive the group's challenge to the law.
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March 23, 2026
Health Insurers Can't Force Conn. ERISA Row Into Arbitration
Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.
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March 23, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.
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March 23, 2026
BJ's Says Pension Fund Oversteps With Climate Study Ask
BJ's Wholesale Club told a Massachusetts federal judge that it cannot be forced to poll shareholders on whether the retailer should study the effects of deforestation on its supply chains, calling it an improper attempt at "micromanagement."
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March 20, 2026
Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme
The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."
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March 20, 2026
Union Fund Gets Early Win In ERISA Audit Fight
A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.
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March 20, 2026
Vein Restoration Co. Will Pay $4M To End False Claims Suit
The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.
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March 20, 2026
Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred
A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.
Expert Analysis
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One Idea To Fix The SEC's Risk Factor Disclosure Rules
U.S. Securities and Exchange Commission Chairman Paul Atkins recently invited the industry to suggest ways to reform the current risk factor disclosure framework, and amending Rule 10b-5 is one potential option to consider, say attorneys at A&O Shearman.
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5 Tips For Navigating Your Firm's All-Attorney Summit
Excerpt from Practical Guidance
Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.
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NYC Leave Law Expands Compliance Beyond Written Policies
Following recent amendments to New York City's Earned Safe and Sick Time Act that expand its uses, give employees 32 hours of immediately available time off and create a right to request schedule changes, compliance now turns on whether employees can use time off without facing barriers or discipline, say attorneys at Polsinelli.
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Series
Coaching Soccer Makes Me A Better Lawyer
Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.
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Series
Law School's Missed Lessons: The Human Element
Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.
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CMS Healthcare Enforcement Initiatives May Cause Disruption
The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.
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The Benefits Of Choosing A Niche Practice In The AI Age
As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.
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How PBMs Can Adapt To Plan Sponsors' Disclosure Demands
As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.
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Series
Podcasting Makes Me A Better Lawyer
Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.
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Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity
The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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11th Circ. NextEra Ruling Broadens Loss Causation Standard
The Eleventh Circuit's recent Jastram v. NextEra Energy decision significantly expands the loss causation standard at the motion-to-dismiss stage and may lead to suits predicated on more tenuous connections between company disclosures and alleged misstatements, say attorneys at Sidley.
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Where 5th Circ. Ruling Fits In ERISA Arbitration Landscape
The Fifth Circuit's recent decision in Parrott v. International Bancshares, holding that an Employee Retirement Income Security Act plan may consent to arbitration, must be understood against the backdrop of a developing body of appellate authority addressing ERISA arbitration, say attorneys at Gibson Dunn.