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Benefits
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December 08, 2025
Ex-Kellogg Worker's Suit Over 401(k) Fees Tossed For Good
Kellogg escaped a former employee's proposed class action alleging the food manufacturer lost its workers millions in retirement savings because of excessive recordkeeping fees, after a Michigan federal judge ruled Monday that the allegations failed to state a claim for violating federal benefits law.
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December 08, 2025
NY Hotel Ordered To Pay $4.1M In Union Benefits Dispute
A Manhattan hotel operator must hand over $4.1 million to a hotel and hospital workers union, a New York federal judge ruled, finding that the operator has failed to respond to accusations that it owes money to multiple health benefit funds.
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December 08, 2025
Schnader Harrison ERISA Class Attys Seek Cut Of $675K Deal
Class members who scored a $675,000 settlement resolving their case alleging the defunct firm Schnader Harrison Segal & Lewis LLP misdirected money meant for attorneys' retirement accounts have asked a Pennsylvania federal judge for counsel fees in the amount of one-third of the settlement.
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Hilton Retirees Push DC Circ. To Reopen Pension Case
A panel of D.C. Circuit judges appeared to agree Monday that a class of over 20,000 Hilton employees hadn't justified its request for detailed discovery on the hotel chain's compliance with a 14-year-old injunction requiring it to pay additional retirement benefits.
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December 05, 2025
10th Circ. Won't Stay Order In Union Early Retirement Case
A union pension plan must comply with an order compelling it to restore benefits to certain early retirees while it appeals the ruling that required it to do so, the Tenth Circuit held, denying the plan's request for a stay of the order.
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December 05, 2025
BofA Says Northrop 401(k) Suit Toss Backs 4th Circ. Appeal
Bank of America urged a North Carolina federal court Friday to let it appeal an earlier decision denying dismissal of a proposed class action alleging forfeitures were misspent from workers' employee 401(k) plan, arguing a Virginia federal court's decision tossing similar claims against Northrop Grumman supported its bid.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Mortgage Insurer's $650K ERISA Deal Clears First Hurdle
A North Carolina federal judge gave the initial nod Friday to a $650,000 deal a mortgage insurance company reached with a worker to close a proposed class action claiming the business didn't do enough to prevent a retirement profit sharing plan from facing a $1.3 million loss.
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December 05, 2025
Divided DC Circ. Backs Trump's NLRB, MSPB Firings
A split D.C. Circuit panel on Friday upheld President Donald Trump's firings of two labor agency officials in spite of their statutory job protections, saying they wield enough executive power that Congress can't restrict the president's authority to fire them.
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December 04, 2025
Snap Investors' $65M Deal OK'd, But Attys Face 'Cheap' Judge
A California federal judge said Thursday he will grant preliminary approval of a $65 million deal to resolve a proposed securities class action against Snapchat, but warned the plaintiffs' side they will "have to see" about the request for 30% of the settlement in attorney fees because he is "notoriously cheap."
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December 04, 2025
9th Circ. Says ERISA Preempts UnitedHealth Claims Fight
The Ninth Circuit on Thursday backed a California federal court's decision to toss a medical collector's allegations of underpaid claims and state contract law violations by a UnitedHealth Group unit, agreeing that the Employee Retirement Income Security Act preempted the collector's suit.
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December 04, 2025
11th Circ. Won't Rehear NCR Corp. Compensation Fight
The Eleventh Circuit denied on Wednesday software company NCR Corp.'s request to rehear a case in which the court ruled that the company cannot issue lump-sum payments to deferred compensation plan participants as alternatives to promised life annuities.
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December 04, 2025
$1M AAA Club Settlement Gets Final Nod In COBRA Suit
A Michigan federal judge granted final approval Thursday to a $1 million settlement an American Automobile Association club brokered with a class of workers to resolve their suit claiming they weren't notified on time that they could extend their health insurance after their benefits ended.
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December 04, 2025
Pond Lehocky Plans 8th Pa. Office, Adds Workers' Comp Atty
Workers' compensation firm Pond Lehocky Giordano is preparing to expand its Pennsylvania footprint with the launch of an office in York, with the addition of an attorney who moved her practice from defense firm Moore Ingram Johnson & Steele.
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December 04, 2025
Lawmakers Debate Higher Pay, Health Benefits For Boxers
An effort to revamp American boxing got underway on Capitol Hill on Thursday as lawmakers deliberated over legislation to provide better pay and workplace protections for fighters, with Democrats expressing concern over the potential for corruption to flourish in the sport.
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December 04, 2025
Mortgage Insurer Inks $650K Deal To End ERISA Suit
A mortgage insurance company has agreed to pay $650,000 to close a worker's proposed class action filed in North Carolina federal court claiming its mismanagement of an employee retirement profit sharing plan caused a $1.3 million loss.
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December 04, 2025
Former Live Nation Workers See 401(k) Fee Suit Tossed
A California federal judge tossed a suit from two Live Nation ex-workers alleging excessive fees in their employee 401(k) plan, following the Ninth Circuit in August saying the workers hadn't specifically appealed the lower court's holding that the ticket sales company could enforce a class action waiver.
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December 03, 2025
5th Circ. Skeptical Ex-NFL Player Can Keep $1.86M Fee Award
A Fifth Circuit panel expressed skepticism that ex-NFL running back Michael Cloud can collect $1.86 million in attorney fees from the National Football League's retirement plan, saying Wednesday that even if Cloud won a "moral victory," he needed a merits victory to collect the fees.
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December 03, 2025
9th Circ. Won't Revive Adidas Investors' Suit Over Ye Collab
The Ninth Circuit on Wednesday affirmed an Oregon federal court's decision to toss investors' proposed class action accusing Adidas of failing to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, concluding a lower court properly tossed the dispute.
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December 03, 2025
Baxter Defeats Suit Over Stable Value Fund In $4B 401(k) Plan
An Illinois federal judge tossed a suit Wednesday from a worker who said medical products company Baxter International Inc. violated federal benefits law by retaining a lackluster stable value fund in its $4 billion retirement plan, ruling the data backing his case failed to capture long-term performance.
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December 03, 2025
AT&T Sues Generic Drug Manufacturers, Alleging Price-Fixing
AT&T has joined the bevy of litigants suing a swath of pharmaceutical companies over alleged generic drug price-fixing, claiming it shelled out billions of dollars for medication reimbursements to the drugmakers as part of its employee health plans when it could have spent far less if the drugs weren't subject to anticompetitive pricing.
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December 03, 2025
Fanatics, NFT Co. Strike Deal To Settle Ex-Exec's FMLA Suit
Fanatics and a digital collectibles company struck a settlement with a former executive to end a suit alleging he was fired for seeking parental leave, according to a New York federal court order Wednesday.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.