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Benefits
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December 15, 2025
11th Circ. Rejects ESOP Managers' Individual Arbitration Push
The Eleventh Circuit on Monday backed a court's decision to keep a lawsuit in Georgia federal court alleging a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, holding that an arbitration provision was unenforceable because it blocked rights under federal benefits law.
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December 15, 2025
Judge Exits ESOP Suit Against BDO, Citing His Wife's Tie
A Massachusetts federal judge recused himself from a proposed class action alleging that accounting giant BDO USA and company executives sold stock at an inflated price to an employee stock ownership plan in a $1.3 billion deal, citing his wife's financial interest in a company involved in the case.
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December 15, 2025
High Court Won't Hear Illinois County's ADA Back Pay Appeal
The U.S. Supreme Court declined an invitation Monday from Cook County, Illinois, to review a Seventh Circuit ruling that said a former corrections officer can seek back pay after winning a disability discrimination verdict.
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December 12, 2025
Fired MSPB Member Urges Full DC Circ. To Rehear Case
A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.
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December 12, 2025
Mich. High Court Backs Rejection Of Farmwork Comp Suit
A closely divided Michigan Supreme Court on Friday let stand a lower appellate court holding that a nonprofit's legal challenge to a state policy denying workers' compensation pay to unauthorized immigrants was filed too late.
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December 12, 2025
Printing Co. Defends Trial Win In $265M ESOP Sale Dispute
A printing company's directors and employee stock ownership plan trustee say the Seventh Circuit should back their win over accusations they illegally undersold the company into private equity for $265 million, arguing the trial court correctly decided their interests were "perfectly aligned" with plan participants' interests.
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December 12, 2025
Delta Retirees' Pension Dispute Paused For Mediation Efforts
A Nevada federal judge Thursday froze a proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts, giving the airline and the former workers behind the suit a chance to try and reach a deal.
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December 12, 2025
Sherwin-Williams Flicks Tobacco Fee Suit To Arbitration
An Ohio federal judge refused Friday to toss a proposed class action from two Sherwin-Williams ex-workers who alleged an employee health plan tobacco surcharge violated nondiscrimination provisions in federal benefits law, finding while one claim could proceed in court, the dispute should first head to arbitration.
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December 12, 2025
Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.
An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.
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December 12, 2025
4 Big ERISA Litigation Developments From 2025's 2nd Half
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
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December 11, 2025
Trump Orders Review Of Proxy Advisers' 'Substantial Power'
President Donald Trump on Thursday issued an executive order that aims to scrutinize the influence that proxy adviser firms like Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC have, including in relation to diversity, equity and inclusion agendas.
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December 11, 2025
House Passes Bill To Rev Up Investment, Biz Opportunities
The U.S. House of Representatives on Thursday passed bipartisan legislation that would revamp securities law by making it easier for entrepreneurs and small businesses to access capital and by expanding investment opportunities in private markets.
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December 11, 2025
Trial Record Backs Gender-Affirming Care, Ohio Justices Told
A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.
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December 11, 2025
Failed ACA Credit Extension Votes Leave Costs In Limbo
The Senate failed Thursday to pass procedural votes on two healthcare proposals to address the upcoming lapse in the Affordable Care Act's enhanced premium tax credits, including a proposal by Democrats to extend the subsidies for three years.
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December 11, 2025
Player Going For 'Fifth Bite' At Concussion Claim, NFL Says
The denial of a former NFL player's claim for benefits through the $1 billion concussion settlement was not erroneous or unjust, contrary to the player's latest argument, the league has told the Pennsylvania federal judge overseeing the settlement.
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December 11, 2025
NJ Justices Say Teacher Was 'Essential' During Pandemic
An Ocean Township teacher who died from COVID‑19 in 2020 was an "essential employee" entitled to a statutory presumption that her illness was work-related, the New Jersey Supreme Court affirmed Thursday, rejecting the school district's arguments that the workers' compensation judge improperly granted summary relief without supporting affidavits.
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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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.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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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.