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Benefits
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February 03, 2026
Guam Defends Bid To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
House Dems Press Bessent About IRS Retirement Pay Delays
Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.
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February 03, 2026
SNAP Case 'Tip Of The Iceberg' In Anti-Fraud Effort, Feds Say
Four Massachusetts defendants were charged Tuesday with collecting more than $1 million in fraudulent food and unemployment benefits in what the state's top federal prosecutor called part of a broader U.S. Department of Justice initiative to root out fraud in government benefit programs.
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February 02, 2026
7th Circ. Hands Dead Packaging Worker's 401(k) To Ex-Wife
The Seventh Circuit awarded the 401(k) account balance of a dead Packaging Corp. of America worker to his ex-wife Monday, concluding that a lower court erred in determining she wasn't entitled to benefits based on a fax requesting a beneficiary designation change that he transmitted after a divorce.
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February 02, 2026
Teamsters Look To Ax Kraft Heinz's Challenge To Grievance
Kraft Heinz shouldn't be allowed to scuttle a benefits fight by arguing that it should have been routed through the company healthcare plan's dispute resolution process, a Teamsters local told a Delaware federal judge, saying the dispute can be resolved through the grievance and arbitration process.
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February 02, 2026
Panel Backs Pa. In Widow's 'Line Of Duty' Benefits Bid
While a doctor's opinion that a firefighter's fatal cancer was likely caused by job-related hazards counted to entitle his widow to worker's compensation benefits, it fell short of the higher causation requirements for "line of duty death" benefits, a Pennsylvania appellate court said Monday.
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February 02, 2026
BBQ Co. Execs, Argent Settle $99M ESOP Fight With DOL
Two executives for a New York barbecue chain and the company's employee stock ownership plan trustee have agreed to settle a lawsuit from the U.S. Department of Labor alleging that a $99 million stock purchase violated federal benefits law, according to a joint stipulation from the parties.
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January 30, 2026
Tesla Gets Del. Justices To Cut $100M From Investor Atty Fees
The Delaware Supreme Court on Friday handed Tesla a win, reducing by roughly $100 million the attorney fees awarded to shareholder counsel as part of an excessive director compensation suit settlement, rejecting the lower court's fee calculation.
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January 30, 2026
3rd Circ. Preview: Privacy Issues Top Feb. Argument Lineup
Issues involving privacy feature prominently on the Third Circuit's February oral argument schedule, with panels set to hear a dispute regarding an optometry business's duty to protect private data belonging to third-party customers, and a case over whether the city of Philadelphia can be sued by a mother after a police officer shared images of her son's death from the scene where he committed suicide.
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January 30, 2026
Pilgrim's Pride Plan Fiduciaries Accused Of ERISA Breach
An employee of Pilgrim's Pride Corp. claimed in Colorado federal court Friday that the food production company violated federal law by intentionally picking a riskier and worse performing contract within its retirement savings plan for more than 21,000 plan participants.
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January 30, 2026
Sentara Health Can't Escape Suit Over Stable Value Fund
A Virginia federal judge said Friday that Sentara Health can't dodge a suit claiming it failed to kick an underperforming investment fund from its retirement plan, ruling the healthcare system hasn't shown it assessed the fund with the proper due diligence to beat the case.
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January 30, 2026
Back Pay Over Vax Mandate Is Equitable Relief, Justices Hear
A U.S. Air Force reservist told the U.S. Supreme Court this week that equitable relief under a religious freedom law should extend to his back pay claim related to his refusal to follow its COVID-19 vaccine mandate, arguing he's only seeking "status-restoring relief."
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January 30, 2026
Labor Dept. Recovered $1.4B For Benefit Plans In Fiscal '25
The U.S. Department of Labor reported $1.4 billion in recoveries for employee benefit plans in its latest enforcement report on Friday, an amount equal to what the agency has reported for the previous three fiscal years, although it had a significant uptick in funds recovered from abandoned plans.
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January 30, 2026
Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules
Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite" the Federal Rules of Civil Procedure.
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January 30, 2026
Post-Gazette Says Health Plan Order Contempt Bid Is Moot
The publisher of the Pittsburgh Post-Gazette says it is complying with a court order to put its newsroom employees back on a union-sponsored healthcare plan, so a request from the National Labor Relations Board to hold it in contempt is moot.
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January 29, 2026
Robbins Geller To Lead CarMax Investors' Tariffs-Linked Suit
Robbins Geller Rudman & Dowd LLP will represent a proposed class of CarMax Inc. investors in a suit accusing the used car retailer of mischaracterizing a bump in sales caused by consumers trying to get ahead of the Trump administration's tariffs as a sign of sustainable growth.
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January 29, 2026
DOL Proposes Pharmacy Benefit Manager Fee Disclosure Rule
The U.S. Department of Labor's employee benefits subagency Thursday proposed a rule to require new fee disclosures from pharmacy benefit managers, which act as intermediaries between drugmakers, pharmacies and insurers, to help managers of employee health plans ensure PBM services are reasonably priced.
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January 29, 2026
Conn. Drug Price Cap Survives Distributor Challenge, For Now
The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.
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January 29, 2026
United Healthcare Beats Class Cert. Bid Over Breast Surgery
A New Jersey federal judge on Wednesday declined to certify a proposed class of United Healthcare Insurance plan participants who were denied coverage for post-mastectomy breast reconstruction surgery, finding that she can't determine which standard of review applies to each plan's varying language without conducting individualized, fact-specific inquiries.
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January 29, 2026
2nd Circ. Backs Rental Assistance, Medicaid Fraud Conviction
The Second Circuit has upheld the conviction of a New York City man who was sentenced to 70 months in prison for running a more than $1.8 million rental assistance and Medicaid fraud scheme.
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January 29, 2026
Troubled Apt. Co-Op Can Borrow $6M From Connecticut
The receiver overseeing the finances of the 924-unit Success Village Apartments can close on a $6 million loan from the Connecticut Department of Housing to clear tax and utility liens from the troubled co-op, a state court judge has ruled.
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January 29, 2026
Shoddy Funds Cost Bloomberg 401(k) Investors Big, Suit Says
Bloomberg may have lost its workers almost $200 million by failing to nix two underperforming investment funds from its $5 billion retirement plan, according to a proposed class action filed in New York federal court on Thursday claiming the financial data and media company shirked its fiduciary duties.
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January 29, 2026
Michigan Fights Airline Group's Challenge To Sick Law
A Michigan law providing employees with earned sick time should stay in place because it has no impact on airlines' prices, routes or services, the state has argued, urging a federal court to turn down a national airline trade group's bid to halt the law.
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January 29, 2026
Casey's, Store Managers Settle Overtime Suit
Casey's General Stores and managers reached a settlement in a collective action alleging the convenience store chain and two subsidiaries misclassified them as exempt from overtime pay, according to an Indiana federal judge's order.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Del. Ruling May Redefine Consideration In Noncompetes
The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.