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Benefits
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December 11, 2025
March Trial Date Set For Former NJ Judge's Pension Fight
A trial date has been set in a former New Jersey Superior Court judge's challenge to the denial of her disability pension application, according to a Wednesday text order.
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December 11, 2025
6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight
A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes.
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December 10, 2025
SG Says Justices Should Back Employers In ERISA Split
The U.S. solicitor general is urging the U.S. Supreme Court to back Home Depot's win in a retirement plan fight with its employees, and in the process, resolve a circuit split in employers' favor over who bears the burden of proving a financial loss from alleged mismanagement.
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December 10, 2025
Gov't Urges Justices To Review ERISA Pleading Standard Split
The U.S. solicitor general and the solicitor of labor said the U.S. Supreme Court needs to clarify that workers must back their suits targeting underperforming retirement funds with proper comparison proof, urging the justices to take up a case taking aim at Parker-Hannifin Corp.'s retirement plan management.
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December 10, 2025
Tribal Casino Must Face 401(k) Fee Suit Over High Costs
A tribal hospitality and casino company must face a suit claiming its 401(k) retirement plan was bogged down by exorbitant costs and underperforming investment options, following a New York federal judge's refusal to toss the proposed class action.
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December 10, 2025
Akerman Beats Healthcare Cos.' Bid To Escape Fee Suit
Akerman LLP can continue its fees lawsuit against Rennova Health Inc. and other defendants after they lost their motion to dismiss the suit for being "facially time-barred, factually flawed and legally indefensible," a Florida state judge has ruled.
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December 10, 2025
4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight
The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.
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December 10, 2025
NY Clinic Settles Retaliation Suit With Doctor
A physician has agreed to settle his suit accusing a medical clinic of withholding his bonus and then firing him for complaining about unsanitary conditions in an autopsy suite, a New York federal judge said, discontinuing the case.
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December 09, 2025
7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit
A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.
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December 09, 2025
Co-Founder Gave Up Stock Rights, Weapons Co. Tells Chancery
Armaments Research Co. Inc., a weapons analytics company that uses AI, told the Delaware Chancery Court on Tuesday that its co-founder relinquished the contractual rights he now seeks to enforce over the valuation of his repurchased shares.
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December 09, 2025
US Asks 5th Circ. To Revive ACA Employer Tax Penalties
The IRS properly penalized a janitorial services company for failing to provide employees with healthcare coverage under the Affordable Care Act, the U.S. government said, urging the Fifth Circuit to reverse a Texas federal court ruling that voided regulations promulgating the penalties.
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December 09, 2025
Wells Fargo $84M ERISA Stock Option Suit Deal Initially OK'd
A Minnesota federal court gave its initial sign-off to an $84 million settlement that Wells Fargo & Co. agreed to pay to end a class action alleging that the bank ran afoul of federal benefits law when it used dividends earned by its employee stock ownership plan to meet its 401(k) matching obligations.
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December 09, 2025
IRS Provides Guidance On Health Savings Account Expansion
The IRS provided guidance Tuesday on new tax benefits for Health Savings Account participants, including a provision making bronze and catastrophic plans available through the Affordable Care Act marketplace HSA-compatible, even if they don't meet the definition of a high-deductible health plan.
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December 09, 2025
3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction
A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
4th Circ. Backs EIDP In Dispute Over Annuity Reductions
The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.
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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.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.