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Benefits
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November 18, 2025
Fla. College, Ex-Worker End Suit Over Retirement Plan Costs
Embry-Riddle Aeronautical University has resolved a former employee's lawsuit claiming the school loaded its retirement plan with expensive investment options and failed to keep administrative expenses in check, according to a Tuesday filing in Florida federal court.
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November 18, 2025
MVP: Latham's David Della Rocca
David Della Rocca of Latham & Watkins LLP served as lead benefits counsel on high-profile mergers and acquisitions over the past year, including Cox Communications' $34.5 billion merger with Charter Communications and Permira's $7.2 billion acquisition of Squarespace, earning him a spot as one of 2025 Law360 Benefits MVPs.
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November 18, 2025
AT&T Avoids Plan Participant's 401(k) Forfeiture Suit
An AT&T worker failed to state a claim for violations of federal benefits law in a proposed class action alleging that employee 401(k) plan forfeitures were misspent, a California federal judge found, tossing the suit.
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November 17, 2025
Pot Co. To Pay Gov't $632K Over PPP Loan Case
A Washington-based marijuana producer agreed to pay more than $632,000 to the U.S. government over claims it obtained a forgivable loan, worth nearly $315,000, meant to aid businesses during the COVID-19 pandemic, with the person who reported the company set to get 10% of the settlement.
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November 17, 2025
2 Execs Found Guilty In $233M ACA Fraud Scheme
A Florida federal jury returned a guilty verdict on Monday against a marketing company CEO and insurance brokerage executive who were accused of submitting fraudulent enrollments to fully subsidized Affordable Care Act insurance plans to get millions in commission payments from insurers.
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November 17, 2025
Vets May Regain GI Bill Benefits After Vax-Related Discharges
Soldiers discharged under the Biden administration for refusing a COVID-19 vaccine may once again have access to GI Bill education benefits, the U.S. Department of Veteran Affairs announced on Monday.
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November 17, 2025
TerraForm Stockholders Settle Suit Over Brookfield Merger
Brookfield Asset Management Inc. and TerraForm Power Inc. stockholders reported a tentative, undisclosed deal on Monday to end their nearly four-year Delaware Chancery Court battle over Brookfield's alleged "exploitation" of TerraForm's minority stockholders in a deal dating to 2020.
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November 17, 2025
Pa. Supreme Court Snapshot: Skill Games Top Nov. Lineup
The Pennsylvania Supreme Court's November session will tackle the legality of the "Pennsylvania Skill" games that have popped up in gas stations and convenience stores, answering the long-simmering question of whether they should be regulated like slot machines. Here are some of the cases the state supreme court will hear during its three-day session in Harrisburg.
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November 17, 2025
Union Benefit Plans Ask 9th Circ. Not To Revive Worker's Suit
A California federal judge was right to toss a carpenter's attempt to compel a group of union benefit plans to resume covering him and his coworkers, the plans told the Ninth Circuit, asking the appellate court to keep the suit dead.
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November 17, 2025
MVP: Goodwin's Jamie Fleckner
This past year, Goodwin Procter LLP partner Jamie Fleckner led the way to several hard-fought wins for big-name clients in class actions brought under the Employee Retirement Income Security Act, earning him a spot as one of the 2025 Law360 Benefits MVPs.
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November 17, 2025
9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case
The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.
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November 17, 2025
Senior Official At DOL Benefits Arm To Retire Next Month
A senior official in the U.S. Department of Labor's employee benefits division will retire at the end of the year after over three decades of government work, the agency said.
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November 14, 2025
JetBlue Accused Of Pushing Workers To Drop Wage Claims
Former employees suing JetBlue for allegedly shorting them on breaks and wages are urging a Washington state judge to block the airline's alleged efforts to coerce members of a proposed class into settlements, contending management has pressured workers to sign releases amid looming downsizing plans.
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November 14, 2025
Poultry Producer Avoids 401(k) Forfeiture Lawsuit
A poultry producer defeated a proposed class action Friday alleging it unlawfully used forfeited 401(k) funds to cover its contributions to the plan, with a Mississippi federal judge finding the plan's terms gave the company discretion over how to allocate the funds.
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November 14, 2025
Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials
The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.
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November 14, 2025
Employers Urge Justices To Reverse DC Circ. Pension Ruling
Employers that withdrew from a union pension fund urged the U.S. Supreme Court to reverse the D.C. Circuit's holding on actuarial assumptions requirements for calculating withdrawal liability, arguing the appellate court misread federal benefits law by deciding that a union pension plan could retroactively change assumptions.
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November 14, 2025
SEC's Atkins Turns A Critical Lens On BlackRock, Vanguard
U.S. Securities and Exchange Commission Chairman Paul Atkins said Friday morning that his agency is working to rein in large institutional asset managers like BlackRock and Vanguard that "get out of line" by trying to influence management decisions.
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November 14, 2025
Horizon BCBS To Pay $100M To End NJ AG's Overcharge Suit
Horizon Blue Cross Blue Shield of New Jersey has agreed to pay the state $100 million to resolve allegations that it fraudulently secured a multibillion-dollar contract to administer public employee health plans and then systematically overcharged taxpayers for years, Attorney General Matthew J. Platkin announced Friday.
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November 13, 2025
Ricoh USA Inks Deals In Pair Of 401(k) Forfeiture, Fee Suits
Ricoh USA Inc. informed Pennsylvania federal judges Thursday that it has brokered settlements to close two suits claiming the digital services company mismanaged its $2 billion retirement plan, including one case that saw its excessive fees claims revived by the Third Circuit.
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November 13, 2025
Texas Coke Bottler Defeats Suit Over 401(k) Management
A Dallas Coca-Cola bottler escaped a proposed class action claiming it saddled its 401(k) plan with subpar investment options and misused forfeited retirement plan funds, with a Texas federal judge saying Thursday the workers' allegations were too flimsy to stay in court.
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November 13, 2025
Wash. AG Introduces Unit To Fight For Worker Protections
Workers in Washington state could now turn to a new unit that will focus on enforcing protections and tackling wage theft, the state's attorney general announced Thursday, citing "a systematic dismantling of the U.S. Department of Labor."
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November 13, 2025
Transgender Troops Sue Air Force Over Lost Retirement Pay
Seventeen transgender service members are accusing the U.S. Air Force of unlawfully rescinding their retirement orders following President Donald Trump's executive order barring transgender people in the military, saying in a lawsuit that the move resulted in lost pay and benefits.
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November 13, 2025
IRS Increases Retirement Fund Contribution Limits
The Internal Revenue Service on Thursday announced the increased limit for contributions to various retirement accounts, including upping the 401(k) limit to $24,500.
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November 13, 2025
Insurer Settles Ex-BofA Exec's Disability Benefits Suit
A subsidiary of Unum Group has agreed to end a former Bank of America executive's lawsuit claiming he was unlawfully denied disability benefits after he sustained a traumatic brain injury while at work, according to a filing in North Carolina federal court.
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November 12, 2025
Ex-Aerotech Workers Push For Class Cert. In ESOP Suit
Former Aerotech Inc. employees who have accused the motion control solutions company of mismanaging its employee stock ownership plan urged a Pennsylvania federal court Wednesday to certify a class of plan beneficiaries and participants, saying they easily satisfied requirements for class certification.
Expert Analysis
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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.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.