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Benefits
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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.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 17, 2025
CVS Can't Dodge Tobacco Surcharge Suit, Employee Says
CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.
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October 17, 2025
Acadia Investors Score Partial Win In Fraud Class Action
A Tennessee federal judge has granted a proposed class of Acadia Healthcare Co. investors a partial early win in their suit claiming the company misled them about the strength of its United Kingdom operations, finding that the investors have presented genuine issues of material fact and that Acadia failed to properly rebut their claims.
Expert Analysis
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales
An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Challenges For Fiduciaries Adding Crypto To 401(k) Plans
As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.