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Benefits
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June 09, 2025
Mediation Fails To End 'Sham' Hiring Suit Against Wells Fargo
Wells Fargo and a class of investors accusing the bank of conducting "sham" job interviews to meet diversity targets that later triggered a stock price drop have told a California federal judge that the mediation they attempted last month did not result in a settlement.
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Aetna Inks $3.4M Deal In Suit Over Cancer Treatment Denials
Aetna has agreed to pay at least $3.4 million to resolve a proposed class action claiming it shirked federal benefits law by mischaracterizing a proton beam cancer radiation treatment as experimental to deny claims, according to a Florida federal court filing.
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June 09, 2025
Gov't Seeks $706M Penalty In FCA Case Against Omnicare, CVS
The government asked a New York federal judge to impose a collective $706 million in civil penalties on Omnicare Inc. and its parent, CVS Health Corp., after a jury found that they submitted millions of false billing claims for healthcare programs.
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June 09, 2025
Parker-Hannifin Urges Justices To Turn 6th Circ. ERISA Ruling
Parker-Hannifin Corp. urged the U.S. Supreme Court on Monday to reverse the Sixth Circuit's decision to revive investment mismanagement allegations against the company from employee 401(k) participants, arguing a circuit split had deepened since the company first petitioned for review of the case.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
McGuireWoods Adds Ex-Katten Executive Comp Partner In NY
McGuireWoods LLP has hired a former Katten Muchin Rosenman LLP executive compensation and employee benefits partner for its New York office, the firm said Monday.
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June 06, 2025
Crypto Holding Co. Can Pursue Counterclaim Against Ex-Exec.
A Puerto Rico-based crypto holding company can pursue a counterclaim against its former president who alleged the company's CEO fraudulently recruited him to the venture and then fired him, a Delaware vice chancellor ruled Friday, finding legal expenses the company incurred are recoverable.
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June 06, 2025
Masimo Fights Ex-CEO's Bid To Ax Suit Over $450M Demand
Masimo Corp. fought back against founder Joe Kiani's motion to dismiss the company's Delaware Chancery Court suit seeking a declaration that he's not due a $450 million payout after his ouster as CEO, arguing that bid is an "improper attempt to evade" the Delaware court's jurisdiction.
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June 06, 2025
Chancery Pauses Meta Privacy Suit For EU, Ireland Actions
A Delaware court on Friday paused a pension fund stockholder suit seeking documents on data privacy violations made by Meta Platforms Inc. that led to a €1.2 billion ($1.4 billion) fine from European authorities.
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June 06, 2025
CVS Health Can't Dodge Blame In Omnicare False Claims Suit
A New York federal judge rebuffed an attempt from CVS Health Corp. to evade responsibility in a False Claims Act case, after a jury found that its subsidiary Omnicare bilked the federal government out of over $135 million in fraudulent drug claims.
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June 06, 2025
Aetna Seeks Quick Appeal In $20M Air Ambulance Billing Case
Aetna is seeking an immediate midstream appeal of an order in Connecticut federal court forcing it to face $20 million in emergency billing claims by six air ambulance companies, saying a quick decision could help settle a circuit split and stop copycat cases.
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June 06, 2025
9th Circ. Won't Boost Interest Rate For Worker's FMLA Win
The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.
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June 06, 2025
Colgate Strikes Deal To End Lengthy Battle Over Pension Pay
Colgate-Palmolive Co. has agreed to settle a long-running class action from pensioners who claimed the company underpaid them $300 million in miscalculated retirement benefits, after the Second Circuit twice knocked down bids from the company to overturn judgments in the workers' favor.
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June 06, 2025
Attys Seek $23M Cut Of $69M UnitedHealth 401(k) Settlement
Lawyers for a UnitedHealth Group employee who struck a $69 million deal to settle a class action claiming the company mismanaged its 401(k) plan asked a Minnesota federal judge to approve $23 million in attorney fees, arguing the amount aligns with those approved in other cases.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
9th Circ. Broadens Test For ERISA Claim Releases
The Ninth Circuit on Thursday reversed a finding that releases signed by two former microchip manufacturer employees bar them from leading a class action over claims the company illegally revoked its severance program, finding that the court should consider whether the company breached its fiduciary duty in obtaining the releases.
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June 05, 2025
Red States Double Down On Bid To Stymie Trans Health Rule
More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.
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June 05, 2025
4 AGs Urge FDA To Lift Abortion Pill Restrictions
Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.
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June 05, 2025
Liberty Mutual Must Face Retirement Plan Class Action
Liberty Mutual can't knock out a class action claiming it saddled its employee 401(k) plan with high fees and deficient investment options, a Massachusetts federal judge ruled Thursday, saying workers had demonstrated the company's actions cost them money.
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June 05, 2025
NJ Judge Trims Pool Equipment Maker Shareholder Suit
A New Jersey federal judge has dismissed some claims in a proposed investor class action alleging pool supply company Hayward Holdings Inc. concealed it was struggling with ballooning inventory and lowered demand, but ruled that some of the claims, including the claims against the company's consortium, can continue.
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June 05, 2025
Attorney's FMLA Suit Against Va. City Headed To Trial
A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
Walgreens Says No Standing In Suit Over Tobacco Surcharge
Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
Expert Analysis
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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.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.