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Benefits
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									August 06, 2025
									6th Circ. Orders Redo Of Pension Fund Withdrawal LiabilityThe Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude." 
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									August 06, 2025
									Compelling ERISA Arbitration No Sure Thing, 9th Circ. ShowsThe Ninth Circuit aligned with several other federal appeals courts when it recently struck down a clause in a food service company's employee health plan that barred class or representative actions, marking the latest in a series of setbacks for employers looking to push federal benefits suits into solo arbitration. 
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									August 06, 2025
									Masimo Drops Founder Joe Kiani From 'Empty Voting' SuitMasimo Corp. has agreed to free its founder, Joe Kiani, from the medical technology company's suit alleging he manipulated a shareholder vote through an "empty voting" scheme, pointing to "the interest of judicial efficiency and economy." 
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									August 06, 2025
									Texas Hospital Should Face Retirement Plan Suit, Judge SaysA Houston hospital shouldn't dodge a proposed class action claiming it failed to remove a J.P. Morgan fund from its $2.8 billion employee retirement plan despite the investment option's consistent underperformance, a Texas federal magistrate judge recommended Wednesday, saying the allegations are solid enough to stay in court. 
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									August 06, 2025
									Wells Fargo Worker To Pay $3M To Settle ESOP Class ClaimsA Wells Fargo employee will pay $3 million to resolve claims against her in a class action alleging owners of an electrical component company and managers of its employee stock ownership plan undervalued the plan's shares when the program shut down, according to a filing in Massachusetts federal court. 
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									August 06, 2025
									Rising Star: Cohen Milstein's Ryan WheelerRyan Wheeler of Cohen Milstein Sellers & Toll PLLC has recovered millions of dollars for his clients in benefits cases, like one claiming that Citgo shorted retirees in pension payments, and another saying that an Illinois casino used an employee stock ownership plan to craft a shady company sale, earning him a spot among the benefits law practitioners under age 40 honored by Law360 as Rising Stars. 
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									August 06, 2025
									LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias SuitAttorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case. 
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									August 05, 2025
									Wash. Judge Questions Injunctions' Scope In Head Start CaseA Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives. 
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									August 05, 2025
									OptumRx Urges Panel To DQ Motley Rice In LA Opioid SuitOptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum. 
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									August 05, 2025
									UBH Patients Score Partial Win In Mental Health Claims FightA California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law. 
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									August 05, 2025
									Law Profs Urge 11th Circ. To Toss Judge-Shopping SanctionsA group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation." 
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									August 05, 2025
									White & Case Lands Baker Botts Benefits ChairThe firmwide executive compensation and employee benefits chair at Baker Botts LLP became the 20th U.S. lateral partner to join White & Case LLP this year, according to a Tuesday announcement. 
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									August 05, 2025
									Rising Star: Proskauer's Justin S. AlexProskauer Rose LLP partner Justin S. Alex has tackled the benefits aspects of a slew of major sports industry deals over the past 15 years, including the sales of three NFL teams, earning him a spot among the benefits law practitioners under age 40 honored by Law360 as Rising Stars. 
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									August 05, 2025
									Ex-Officer Says LAPD Withheld Info In Military Leave Bias SuitA former Los Angeles Police Department officer claiming he was passed over for a promotion because of his military status said he has not received the records he requested containing information about similarly situated employees. 
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									August 05, 2025
									Teva Settles Claims Over Delayed Generic Asthma InhalersTeva Pharmaceuticals has settled a 2023 lawsuit by a coalition of union healthcare funds accusing the company of thwarting the introduction of a generic version of its QVAR inhalers to the market, according to a filing in Massachusetts federal court. 
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									August 05, 2025
									IRS Floats Update To System For Fringe BenefitsThe Internal Revenue Service floated rules Tuesday that would change its system of business classification for employees hoping to exclude fringe benefits and employee discounts from their gross income at tax time. 
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									August 05, 2025
									Alaska Airlines Can't Nix Flight Attendant's Surgery WinA Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion. 
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									August 04, 2025
									11th Circ. Says Bakery Co. Can't Dodge $15.6M Pension BillThe Eleventh Circuit backed a pension fund's calculations that a wholesale bakery company may have to pay as much as $15.6 million after exiting the benefits plan, ruling it properly applied a credit outlined in the Multiemployer Pension Plan Amendments Act. 
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									August 04, 2025
									Consumers Want Fees Of $49M From $203M In Chicken DealsBroiler chicken consumers asked an Illinois federal judge on Monday for about $49 million in attorney fees from two rounds of price-fixing deals they've struck with major producers, matching the settlement percentage to which a Seventh Circuit panel last month found class counsel was entitled. 
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									August 04, 2025
									Nurse Agrees To Repay $614K For False Claims In Conn.A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead. 
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									August 04, 2025
									9th Circ. Rejects Most Of Sodexo's ERISA Arbitration PushThe Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo. 
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									August 04, 2025
									Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5MOlaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering. 
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									August 04, 2025
									Catching Up With Delaware's Chancery CourtLast week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 
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									August 04, 2025
									Rising Star: Gibson Dunn's Gina HancockGina Hancock of Gibson Dunn & Crutcher LLP has guided companies through executive compensation and employee benefits practices as part of mergers and acquisition deals worth more than $60 billion in total, earning her a spot as one of the benefits law practitioners under age 40 honored by Law360 as Rising Stars. 
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									August 04, 2025
									Cold Storage Co. Duped Investors Before 2024 IPO, Suit SaysA pension fund has sued Lineage Inc., a cold-storage real estate investment trust, and several of its executives in Michigan federal court over the company's initial public offering, the largest of 2024, alleging the REIT and its top brass misled investors about softening demand and unsustainable pricing. 
Expert Analysis
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								Lawyers With Disabilities Are Seeking Equity, Not Pity  Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa. 
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								Employer Lessons From Mass. 'Bonus Not Wages' Ruling  In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge. 
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								Opinion Judicial Committee Best Venue For Litigation Funding Rules.jpg)  The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital. 
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								The Strategic Advantages Of Appointing A Law Firm CEO  The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies. 
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								Series Beekeeping Makes Me A Better Lawyer.jpg)  The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland. 
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								Tobacco Surcharge Suits Spotlight Wellness Reg Compliance  A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr. 
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								What To Know About New Employment Laws In Fla.  Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig. 
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								Opinion Legal Institutions Must Warn Against Phony Election Suits  With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy. 
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								How Cos. Can Build A Strong In-House Pro Bono Program  During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird. 
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								Series Home Canning Makes Me A Better Lawyer.jpg)  Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish. 
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								How Project 2025 Could Upend Federal ESG Policies  If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz. 
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								Use The Right Kind Of Feedback To Help Gen Z Attorneys  Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development. 
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								Opinion Congress Can And Must Enact A Supreme Court Ethics Code  As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association. 
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								Series The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan  Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown. 
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								State Of The States' AI Legal Ethics Landscape  Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.