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Benefits
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January 12, 2026
High Court Won't Take On No Surprises Act Enforcement Row
The U.S. Supreme Court on Monday declined to weigh in on whether the No Surprises Act denies providers a private right to enforce dispute resolution awards against insurers over emergency care coverage.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
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January 09, 2026
NextEra Energy Settles Fight Over 401(k) Forfeitures, Fees
NextEra Energy Inc. has agreed to resolve a class action from 20,000 former employees who alleged the company misspent forfeited 401(k) plan funds and allowed Fidelity, the plan's recordkeeper, to charge excessive fees, according to a joint report filed on Friday in Florida federal court.
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January 09, 2026
Mich. Bid For Behavioral Managed Care Contracts Can't Stand
A Michigan Court of Claims judge ruled the state health department's bid for Medicaid managed care contract proposals would unlawfully interfere with the duties of local governmental bodies that provide and coordinate behavioral health care.
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January 09, 2026
DOL Praises Resolution Of Home Depot 401(k) Battle
The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."
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January 09, 2026
Ex-NRA President's Fla. Lawsuit Survives Dismissal Bid
A Florida federal judge on Friday refused to toss claims from the former president of the National Rifle Association that the organization wrongly used her name, image and likeness on its website for fundraising, rejecting arguments the case amounted to a shotgun pleading.
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January 09, 2026
Future Risk Not Enough To Save Verizon Pension Annuity Suit
A New York federal judge tossed a suit from a group of retirees who claimed Verizon Communications Inc. and its independent fiduciary State Street Global Advisors Trust Co. illegally converted $6 billion in pension benefits to risky annuities, ruling that the workers hadn't shown that the annuity holders were unlikely to follow through on their benefits.
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January 09, 2026
Vanguard Investors Win Final OK For $25M Tax Suit Deal
A Pennsylvania federal judge finalized a $25 million settlement to end a class action accusing Vanguard of triggering an asset sell-off that saddled investors with capital gains taxes, handing the investors' attorneys more than $8 million in fees.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
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January 09, 2026
Couple Fights To Send Annuity Fraud Case To State Court
A retired U.S. Navy veteran and his wife, who are accusing Ameritas Mutual Holding Co. and Ameritas Life Insurance Company Inc. of orchestrating a fraudulent investment scheme based on the sale of unsuitable equity-indexed annuities, urged a North Carolina federal court to send the case back to state court.
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January 09, 2026
Call Center Dodges Worker Misclassification Suit
A group of call center workers' wage suit is an "impermissible shotgun pleading" and warrants dismissal, a Florida federal judge has ruled, agreeing to toss the workers' proposed class action accusing a call center company of misclassifying them as independent contractors.
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January 08, 2026
Weyerhaeuser Says $1.5B Pension Move Didn't Harm Retirees
Lawyers for timber producer Weyerhaeuser and State Street Global Advisors urged a Washington federal judge at a hearing Thursday to throw out a proposed class action from retired workers over Weyerhaeuser's transfer of $1.5 billion in pension obligations to a private equity-backed insurance company, arguing that the retirees have failed to establish the deal actually harmed them.
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January 08, 2026
11th Circ. Asked To Undo 'Deeply Flawed' Securities Ruling
Florida-based energy company NextEra Energy Inc. wants the full Eleventh Circuit to reconsider a panel decision to revive an investor lawsuit against the utility operator, asserting that unless undone, the decision would leave the circuit with "the nation's most permissive loss-causation standard."
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January 08, 2026
9th Circ. Redo Raises New Issues On Abortion Coverage Law
A Ninth Circuit panel that previously sided with Washington in a church's challenge to a state law mandating employer health coverage of abortion services voiced fresh concerns about both sides' positions when revisiting the case Thursday, roughly six months after rescinding the initial opinion without explanation.
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January 08, 2026
New Assistant AG For Fraud Will Report To White House
Vice President JD Vance announced on Thursday the creation of a new assistant attorney general role for fraud, which will be overseen by him and the president.
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January 08, 2026
Colo. Judge Tosses Banker's Cancer-Leave Suit Against UMB
A Colorado federal judge granted an early win to UMB Financial Corp. over a banker's claims that the company discriminated and retaliated against her by denying her leave to recover from chemotherapy treatments, ruling that her request for nine months' leave is "presumptively unreasonable."
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January 08, 2026
Aetna Must Cover Gender-Affirming Surgery, Conn. Court Told
Two individuals from a proposed class of transgender women on Thursday urged a Connecticut federal judge to stop Aetna from refusing to cover gender-affirming facial reconstruction to treat severe depression, anxiety and, in one case, suicidal thoughts, saying the insurer committed sex discrimination while claiming the surgeries were purely cosmetic.
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January 08, 2026
Organ Procurer Says CMS Rule Will Toss Industry Into Chaos
A North Carolina-based organ procurement organization wants a federal court to toss aside a Centers for Medicare & Medicaid Services rule taking effect this year that will alter how organ procurers are certified, arguing the rule pits them against one another in a "Hunger-Games-style" competition.
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January 08, 2026
4 Executive Pay Trends Attorneys Will Be Watching In 2026
A potentially sweeping overhaul simplifying the U.S. Securities and Exchange Commission's disclosure regime for public company executive compensation will be top of mind for executive pay practitioners as they look for new developments in the coming year. Here's a look at this and three other areas they'll be keeping an eye on.
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January 08, 2026
Union Says Construction Co. Must Pay Under Grievance Deal
A construction industry union asked an Illinois federal court to enforce the terms of its settlement agreement with a construction company, claiming that the company and its president have failed to make more than $87,000 in required payments to workers and benefit funds.
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January 08, 2026
Opendoor Investors Get Final OK For $39M Deal, Atty Fees
An Arizona federal judge has granted final approval of a $39 million settlement between real estate firm Opendoor Technologies Inc. and its shareholders to resolve their claims that the company overhyped its pricing algorithm software, closing out the litigation that began in 2022.
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January 08, 2026
Delaware Judge Sends Employee Stock Dispute To Trial
The Delaware Chancery Court has refused to let either side bypass an upcoming trial in a dispute between autonomous-robotics company Seegrid Corp. and former employees over the forced repurchase of stock options, concluding that the case is too fact-intensive for summary judgment and should instead be resolved through live testimony.
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January 08, 2026
Haynes Boone Adds Perkins Coie Employment Pro In Dallas
Haynes Boone has bolstered its labor and employment practice with the addition of an experienced Dallas-based partner who came aboard after more than a decade with Perkins Coie LLP.
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January 07, 2026
ISS Asks Judge Not To Stall Ruling On Texas ESG Law
Institutional Shareholder Services Inc. is pushing back on Texas' request to delay a ruling on the constitutionality of a law requiring proxy advisory firms to disclose when voting recommendations are based on environmental, social or governance factors, arguing that the state hasn't shown how additional discovery "will make any difference" to the case.
Expert Analysis
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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.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.