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Benefits
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									October 22, 2025
									
Judge Voids HHS Rule Banning Gender Identity Discrimination
A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.
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									October 22, 2025
									
Investor Advocates Criticize SEC's New Arbitration Stance
Two investor advocacy groups are speaking out against a recent U.S. Securities and Exchange Commission decision to allow some newly public companies to adopt mandatory arbitration clauses, arguing that the move undermines shareholder rights and could make the U.S. a less attractive place to invest.
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									October 22, 2025
									
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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									October 22, 2025
									
Trade Desk CEO Pay Suit Pleads 'Bad Faith,' Del. Justices Told
The Delaware Supreme Court heard oral arguments on Wednesday in the appeal of the dismissal of a stockholder derivative suit that sought to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk.
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									October 22, 2025
									
Feds Fight Early Release For Atty Convicted Of $550M Fraud
Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.
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									October 22, 2025
									
Deal To End Software Co. Retirement Fund Suit Gets Initial OK
A California federal judge gave the initial green light to a $925,000 settlement that aims to end a class action alleging software company ServiceNow cost workers millions by letting them funnel their savings into underperforming target date funds in their retirement plan.
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									October 22, 2025
									
Retention Bonus Not Subject To Wage Act, Mass. Justices Say
Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.
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									October 22, 2025
									
Amazon Gets Military Leave Suit Thrown Out, For Now
A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.
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									October 22, 2025
									
Hall Benefits Law Expands To NYC With Partner Hire
National benefits boutique Hall Benefits Law announced Wednesday that it is expanding to New York City with the hire of a former Greenberg & Kaplan LLP of counsel, calling the move a response to rising demand for counsel on the Employee Retirement Income Security Act, employee benefits and executive compensation.
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									October 22, 2025
									
$850K Deal In Marketing Co. 401(k) Fee Suit Clears 1st Hurdle
A Wisconsin federal judge gave initial approval to an $850,000 settlement a class action claiming marketing company allowed its $2.4 billion retirement plan to be bogged down by excessive administrative fees, causing workers to lose tens of millions in retirement savings.
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									October 21, 2025
									
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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									October 21, 2025
									
2nd Circ. Weighs Reviving Signature Bank Investor Suit
The Second Circuit quizzed an FDIC attorney Tuesday over the agency's ability to stop Signature Bank's former shareholders from suing following the bank's collapse, with the judges considering whether to revive a lawsuit accusing Signature's brass and its outside auditor of failing to warn investors about its liquidity problems.
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									October 21, 2025
									
Co. Says $28M ERISA Suit Against Union Fund Must Proceed
A New Jersey federal judge should keep overseeing a $28 million Employee Retirement Income Security Act lawsuit against a Teamsters local and the local's health insurance fund, a roofing and siding manufacturer argued, telling the judge that the dismissal argument lodged by the fund and local is flawed.
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									October 21, 2025
									
4th Circ. Dubious Of Class Status In Genworth 401(k) Suit
The Fourth Circuit seemed likely Tuesday to unravel a nearly 4,000-member class of Genworth Financial employee 401(k) participants who allegedly saw their retirement savings dragged down by underperforming BlackRock target date funds, given that individual investors' returns varied based on how close they were to retirement.
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									October 21, 2025
									
BofA Says COVID-Era Cardholders Flip-Flop On Fraud Claims
Bank of America NA seeks a partial early win in multidistrict litigation brought over unemployment benefits cards it issued during the COVID-19 pandemic, arguing the plaintiffs went from accusing the bank of failing to stop fraud in the accounts to claiming it was too stringent with its anti-fraud measures.
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									October 21, 2025
									
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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									October 21, 2025
									
Food Co. Strikes $4.7M Deal To End ERISA Tobacco Fee Suit
Food distributor Performance Food Group will pay $4.7 million to settle a proposed class action alleging it violated federal benefits law by charging tobacco users in its health plan an extra fee, according to a filing in Virginia federal court.
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									October 20, 2025
									
Argent, North Highland Ink $2.4M Deal In ESOP Fight
North Highland Co. and its employee stock ownership plan trustee Argent Trust Co. will pay $2.4 million to end a suit from North Highland workers alleging the plan was mismanaged and devalued.
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									October 20, 2025
									
Funds Rip Boeing's 4th Circ. Bid To Decertify Max Fraud Class
Institutional investors have told the Fourth Circuit that they've sufficiently laid out their damages theories to advance certified class claims alleging Boeing kept its stock price trading at inflated levels by repeatedly misrepresenting the safety of its 737 Max fleet after two crashes and a door-plug blowout.
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									October 20, 2025
									
Bricklayer, Contractor End Suit Over Shuttling Time
A bricklayer and a refractory contractor told a Pennsylvania federal court Monday that they agreed to end a proposed class action claiming the company failed to pay workers for the time they spent shuttling to and from the construction of a petrochemical plant.
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									October 20, 2025
									
NJ Panel Skeptical That Vacation Time Is Paid Sick Leave
A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.
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									October 20, 2025
									
Tire-Maker Can't Thwart Asbestos Suits, NC Justices Are Told
More than a dozen plaintiffs locked in a long-running battle for workers' compensation tied to alleged asbestos exposure at a Continental Tire factory are urging North Carolina's top court to let stand a lower appeals court decision reviving their cases.
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									October 20, 2025
									
Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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									October 20, 2025
									
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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									October 20, 2025
									
Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win
The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.
 
Expert Analysis
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7 Document Review Concepts New Attorneys Need To Know
									For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
									As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
									Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
									Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
									A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
									Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
									Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
									Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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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.