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Benefits
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June 18, 2025
Senate Panel Sets Vote On Trump Nominees For EEOC, DOL
A Senate panel announced on Wednesday a June 26 vote that will affect who will chair the U.S. Equal Employment Opportunity Commission and the Trump administration's picks to lead the U.S. Department of Labor's Wage and Hour Division and employee benefits arm.
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June 18, 2025
Mushroom Farm Faces $6M Tax Liens Tied To Fraud Case
A defunct Pennsylvania mushroom farm failed to pay the outstanding balance in a payroll tax fraud case that sent its owner to jail last year and owes more than $6 million worth of tax liens, the U.S. Department of Justice told a federal court.
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June 18, 2025
NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec
A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.
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June 18, 2025
NLRB Asks 3rd Circ. To Hold Post-Gazette In Contempt
The Pittsburgh Post-Gazette hasn't restored the health insurance it offered its union-represented staff before switching their insurance provider without the union's consent, even though the Third Circuit ordered it to do so, National Labor Relations Board prosecutors told the appellate court, asking it to hold the newspaper in contempt.
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June 18, 2025
InnovAge IPO Investors Get Initial OK Of $27M Settlement
A Colorado federal judge has preliminarily approved a $27 million settlement between InnovAge Holding Corp., its underwriters and a class of stockholders accusing the senior-health care company of making misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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June 18, 2025
Law Firm Inks $21K Deal To End Paralegal's OT Suit
A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.
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June 18, 2025
Nixon Peabody Adds 25-Year Kilpatrick Employment Atty
Nixon Peabody LLP has hired a former Kilpatrick Townsend & Stockton LLP attorney, who has spent some 25 years at his prior firm representing clients on employee benefits compliance and other employee compensation and corporate matters, the firm recently announced.
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June 18, 2025
Supreme Court Upholds Tennessee Transgender Care Ban
The U.S. Supreme Court on Wednesday upheld a Tennessee ban on gender-affirming medical care for minors, finding that the state law does not violate the equal protection clause.
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June 17, 2025
5 Court Battles Hinging On High Court's Trans Care Ruling
An imminent U.S. Supreme Court decision regarding Tennessee's ban on gender transition care for minors is poised to have a sweeping impact as courts across the country weigh similar state and federal restrictions.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
GOP Lawmaker Praises DOL IG's Law Firm Agreements Audit
The chair of the Republican-led U.S. House Committee on Education and the Workforce on Tuesday praised a U.S. Department of Labor watchdog for investigating the agency over allegations it shared confidential information with plaintiffs attorneys, which comes after the panel called for an investigation in November.
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June 17, 2025
AT&T Beats Investor Suit Over Lead-Lined Cables, For Now
A Texas federal judge has tossed a securities class action against AT&T and several of its executives alleging they misled investors about removing lead-covered copper cables from the company's network, finding that the plaintiffs have failed to meet the heightened pleading bar for securities fraud.
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June 17, 2025
General Motors Says Precedent 'Eviscerates' EEOC Bias Suit
General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Packaging Co. Ex-Worker's Genetic Privacy Suit Dropped
A former employee claiming a food packaging company unlawfully asked her and other prospective workers about their family medical history have agreed to drop a lawsuit alleging her ex-employer violated Illinois' privacy law, according to a joint filing in Illinois federal court.
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June 17, 2025
UMB Says It Granted Ex-VP's Request For More Cancer Leave
UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.
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June 17, 2025
1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA
A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
Eversheds Hires ERISA Expert From Groom Law In DC
Eversheds Sutherland announced Tuesday that it has hired an employee benefits attorney from Groom Law Firm in Washington, D.C., who has more than 25 years of experience counseling clients on related compliance matters.
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June 16, 2025
Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says
Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Fund Firm Must Face Investors' Suit Over Missing $18.5M
A Pennsylvania federal judge allows claims brought by former Exelon employees against the estate of a deceased retirement fund manager to proceed to discovery, ruling the employees, who claim they haven't been able to find their invested funds since the fund manager died, have sufficiently pled fraud and other counts.
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June 16, 2025
Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work
Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.
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June 16, 2025
Energy Transfer Agrees To $15M Settlement In Pipelines Suit
Energy Transfer and a group of investors have reached a $15 million settlement to resolve a class action claiming the company misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, after a trial date for the case was scratched last month.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.