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Benefits
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February 26, 2026
NLRB Orders Region To Recalculate Union Payouts
A National Labor Relations Board official must recalculate payments owed to employees who were excluded from a concrete company's profit-sharing plan and to a pension fund on behalf of the workers, the board has ruled, finding that the calculations must account for the payments the workers received in the past.
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February 26, 2026
9th Circ. Backs L3Harris In Fired Worker's PTSD Bias Suit
The Ninth Circuit backed defense contractor L3Harris' win in a suit claiming it unlawfully fired a painter because of his post-traumatic stress disorder, finding he admitted in an application for disability benefits that he wasn't able to work by the time he was terminated.
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February 26, 2026
DOL Unveils Independent Contractor Rule Replacement
The U.S. Department of Labor announced the details Thursday of a long-awaited proposed rule to rescind and replace a previous administration's regulation that outlined how to decide if a worker is an employee or independent contractor.
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February 25, 2026
White House Cites Fraud, Freezes $259M In Minn. Medicaid
The Trump administration on Wednesday said it would hold back $259.9 million in Medicaid funding for Minnesota as part of what it called an unprecedented effort to combat fraud in programs that support low-income families.
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February 25, 2026
AT&T Promptly Settles NYC Pension Funds Diversity Suit
AT&T on Wednesday agreed to allow shareholders to vote on New York City pension funds' proposal requesting a corporate diversity report, quickly settling a suit filed by the funds last week.
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February 25, 2026
Malibu Boats Investor Attys Score $2.3M Fee Award
Attorneys who represent investors in powerboat maker Malibu Boats Inc. will receive $2.34 million, plus reimbursement of over $115,600 in costs, following resolution of claims the company nearly pushed a key dealer into bankruptcy by oversupplying it after a pandemic-era boat buying boom.
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February 25, 2026
4 Questions About Trump's Retirement Savings Pitch
President Donald Trump's promise that workers whose employers don't contribute to their retirement savings will get access to the same type of retirement plan that federal employees have has caught the attention of benefits attorneys, who said they have numerous questions about what that might look like. Here, Law360 looks at four of those questions.
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February 25, 2026
Alcoa Retirees Can't Resuscitate Pension Annuity Suit
A D.C. federal judge refused to reconsider her decision dismissing Alcoa retirees' proposed class action alleging the company put their pensions at risk by converting their benefits into annuity insurance contracts, ruling Tuesday that the retirees failed to offer new evidence or an intervening change in controlling law.
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February 25, 2026
Fla. Court Blocks Doctor Dispensing Rules For Worker Claims
A Florida panel on Wednesday set aside a state agency's proposed rules that would include doctors in a workers' compensation law that gives patients an "absolute choice" over which pharmacist can fill their prescriptions, saying the proposals go beyond what lawmakers intended.
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February 25, 2026
'Conflicting' Claims Threaten Google ERISA Suit, Judge Hints
A Connecticut federal judge suggested Wednesday that a former Google sales representative may need to make changes if he wants to advance his lawsuit alleging the tech giant withheld $2 million in commission and improperly fired him amid colon cancer treatments, pointing to "competing allegations" in the complaint.
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February 25, 2026
Philly Says PBMs Can't Exit Suit Over Opioid Crisis
The city of Philadelphia on Wednesday defended its lawsuit against CVS Health Corp. and other pharmacy benefit managers over allegedly fueling the opioid crisis, urging a Pennsylvania federal judge to reject the PBMs' arguments that they should be let out of the litigation for lack of a valid legal claim.
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February 25, 2026
NJ Transit Allowed To Pick Horizon Over Aetna, Panel Finds
New Jersey Transit Corp.'s award of a health benefits administration contract to Horizon Blue Cross Blue Shield of New Jersey was not unreasonable despite the proposal being more expensive than one submitted by Aetna, a state appeals panel found Wednesday.
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February 25, 2026
Centene Says Filed Rate Doctrine Dooms RICO, Fraud Claims
Centene Corp. urged an Illinois federal judge Tuesday to grant it partial judgment in a proposed class action by patients alleging the company violated racketeering laws and cheated them out of billions with bogus policies, arguing the filed rate doctrine bars the refunds they seek for alleged overcharges.
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February 25, 2026
Pension Fund Presses For CEO Texts In $60B Merger Fight
A union pension fund stockholder urged the Delaware Supreme Court on Wednesday to revive its bid for access to a former Pioneer Natural Resources Co. CEO's undisclosed text messages and emails, arguing that the Delaware Chancery Court set an "impossible" standard in denying inspection of communications tied to the company's $60 billion sale to Exxon Mobil Corp.
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February 25, 2026
Conn. Insurance Chief Fights Intervention In Liquidation Row
Connecticut's interim insurance commissioner urged a state court not to allow a pair of universal life policyholders that are over a $300,000 cap on death benefits to intervene in his plan to liquidate a struggling insurer, saying they are seeking an inequitable premium holiday on their policies.
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February 24, 2026
Alaska Airlines Attendant Wins COVID Workers' Comp Appeal
Washington appellate judges sided with an Alaska Airlines flight attendant Tuesday in a workers' compensation dispute, upholding a jury verdict that Lisa M. Azorit-Wortham's March 2020 COVID-19 infection while traveling for work should be covered as an occupational disease.
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February 24, 2026
6th Circ. Affirms Dismissal Of Sotera Toxic Gas Investor Suit
The Sixth Circuit on Tuesday affirmed a lower court's dismissal of an investor lawsuit accusing Sotera Health Co. of concealing the carcinogenic nature of a gas used at its sterilization plants, finding Sotera did not make any actionable false or misleading statements to investors.
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February 24, 2026
Ariz. Bill To Limit 'No Surprises' Arbitration Offers Put On Hold
A powerful Arizona state lawmaker this week agreed to pause his proposal to establish limits on how much medical providers can seek under the No Surprises Act arbitration system, saying the legislation needs more work and he'll bring it back next year.
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February 24, 2026
United Wants Partial Fraud Suit Win Against Billing Co.
TeamHealth has been submitting fraudulent claims to get UnitedHealthcare to overpay it by more than $100 million, the insurer argued as it asked a Tennessee federal judge to grant it a partial early win in its suit against the emergency room staffing and billing company.
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February 24, 2026
Ex-Flying J Owner's 401(k) Offerings 'Inferior' Says Mass. Suit
FJ Management Inc.'s retirement plan included a "dramatically inferior" series of target-date funds that caused investors to lose out on millions of dollars, a plan participant has claimed in a complaint filed in Massachusetts federal court.
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February 24, 2026
House Subcommittee Pushes For Expanded Paid Family Leave
The current family leave options available to American workers might no longer be enough, and a tangible push to improve paid parental leave and to introduce federal leave benefits to level the field of paid leave is necessary, the Subcommittee on Workforce Protections said during a hearing Tuesday.
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February 24, 2026
Alaska Native Co. Hit With Suit Over 401(k) Fees, Funds
An Alaska Native company has been hit with a proposed class action from an employee 401(k) participant who alleged his plan was saddled with excessive fees and poorly performing investments, breaching fiduciary duties and causing prohibited transactions in violation of federal benefits law.
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February 24, 2026
Benefits Group Of The Year: McDermott
McDermott Will & Schulte's high-profile executive compensation work, including representing Tesla's special committee on a compensation package for CEO Elon Musk, and multiple litigation victories defending employers against federal benefits lawsuits helped to earn the firm a spot among the 2025 Law360 Benefits Groups of the Year.
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February 24, 2026
AstraZeneca Drug Price Challenge Falls Short In Hawaii
A federal judge in Hawaii temporarily upheld the state's law that prevents drug manufacturers from blocking safety-net hospitals from contracting with an unlimited number of outside pharmacies to dispense discounted prescription drugs under the 340B Drug Discount Program.
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February 24, 2026
Greenberg Traurig Hires Morgan Lewis Benefits Atty In Boston
Greenberg Traurig LLP added to what it called its "strategic expansion" by bringing on a benefits and employment attorney who had previously served as managing partner of Morgan Lewis & Bockius LLP's Boston office.
Expert Analysis
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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.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.