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Benefits
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									August 29, 2025
									Federal Judge Blocks New Texas ESG Disclosure LawA Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment. 
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									August 29, 2025
									Kaiser Can't Ditch Bias Fight Over Hearing Aid CoverageA Washington federal judge has refused to toss a proposed class action claiming Kaiser Foundation Health Plan Inc. violated the Affordable Care Act's nondiscrimination provision by refusing to cover certain hearing aid prescriptions, rejecting the plan's arguments that the alleged injuries aren't fairly traceable to KFHP, among other defenses. 
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									August 29, 2025
									Amazon Workers Get Class Nod In Military Leave Bias SuitA New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case. 
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									August 29, 2025
									GardaWorld Can't Avoid Tobacco, Vaccine Health Fee SuitA North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law. 
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									August 29, 2025
									4 Appellate Arguments For Benefits Attys To Watch In Sept.Yellow Corp. seeks to revive a $137 million breach dispute against the Teamsters at the Tenth Circuit, married retirees will ask the Eleventh Circuit to restart a pension conversion fight, and the en banc Fifth Circuit reconsiders a challenge to a rule implementing a 2020 surprise health billing law. 
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									August 28, 2025
									DOJ Seeks Kroger Patient Data In Opioid FCA ProbeThe U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices. 
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									August 28, 2025
									Judge Suggests Certifying Narrower US Bank Retiree ClassA Minnesota federal magistrate judge has recommended granting certification to a narrowed class of U.S. Bank retirees who claim the bank unlawfully reduced their monthly pension payments upon early retirement, following the denial of a broader certification bid in April. 
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									August 28, 2025
									6th Circ. Backs Calculation Redo On $11M Fund Exit LiabilityThe Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated. 
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									August 28, 2025
									Ex-Katten Partner's $67M Age Bias Suit Stayed For ArbitrationA Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play. 
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									August 28, 2025
									1st Circ. OKs Terminating Ex-Pharma VP's Disability BenefitsThe First Circuit said Synta Pharmaceuticals' benefits administrator may terminate the benefits of a former executive after deeming that his significant weight loss, six-day-a-week pickleball hobby, and travels to far-flung places like Africa showed he was no longer disabled. 
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									August 28, 2025
									PBGC Must Reconsider Bakery Union's $132M Bailout BidThe Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid. 
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									August 28, 2025
									Healthcare Cos. Want Akerman's 'Indefensible' Fee Suit NixedRennova Health Inc. and others asked a Florida state judge to dismiss Akerman LLP's unpaid fees case against the company, calling it "facially time-barred, factually flawed and legally indefensible." 
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									August 28, 2025
									Judge Asks If Pension Swap Without Pay Loss Triggers ERISAA Pennsylvania federal magistrate judge questioned Thursday whether retirees from ATI Inc. had standing to sue over an allegedly risky switch from a defined-benefit pension plan to an insurance-backed annuity, when all of their monthly payments remained the same. 
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									August 27, 2025
									3rd Circ. Backs Special Master In NFL Concussion Fee FightThe Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law. 
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									August 27, 2025
									Waste Management Gets Initial OK For $30M SettlementWaste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services. 
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									August 27, 2025
									2nd Circ. Partially Revives Suit Over Peloton COVID-19 SalesA split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable. 
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									August 27, 2025
									Ex-Software Co. Execs' Win Upheld In Retirement Plan FightThe Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans. 
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									August 27, 2025
									7th Circ. Denies Alcoa's Bid To Stay Health Benefits InjunctionAn aluminum manufacturer must comply with an injunction ordering it to reinstate union-represented retirees' healthcare benefits while it argues in court that it was allowed to transition them to health reimbursement accounts in 2021, the Seventh Circuit held, rejecting the company's request for the court to pause the injunction. 
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									August 27, 2025
									Investors Push 4th Circ. To Revive Auto Parts Fraud SuitInvestors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things. 
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									August 27, 2025
									CVS To Pay $12M To Settle Mass. Medicaid Overbilling ClaimsCVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday. 
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									August 27, 2025
									JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund SuitA New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release. 
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									August 27, 2025
									Home Depot Avoids Ex-Worker's 401(k) Forfeiture SuitA Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law. 
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									August 27, 2025
									Plantronics Investors Get Final OK For $29.5M SettlementInvestors in electronics company Plantronics have gotten final approval for their $29.5 million deal ending class action claims the company engaged in a "channel-stuffing" scheme to bolster its revenues, hurting investors when trading prices fell after it acknowledged fallout from the scheme. 
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									August 26, 2025
									Five Below Beats Some Investor Claims On Growth PotentialA Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things. 
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									August 26, 2025
									Ex-Genentech Worker Urges 9th Circ. To Revive ERISA SuitCounsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit. 
Expert Analysis
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								Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example  Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas. 
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								Perspectives Accountant-Owned Law Firms Could Blur Ethical Lines  KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla. 
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								AI Will Soon Transform The E-Discovery Industrial Complex  Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder. 
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								When Innovation Overwhelms The Rule Of Law  In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner. 
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								What Compensation Committees Must Keep In Mind In 2025  New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher. 
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								Imagine The Possibilities Of Openly Autistic Lawyering  Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis. 
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								A Halftime Analysis Of DOJ's Compensation Pilot Program  The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise. 
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								Series Documentary Filmmaking Makes Me A Better Lawyer  Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin. 
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								Litigation Funding Disclosure Debate: Strategy Considerations  In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital. 
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								Discretionary Compensation Lessons From 7th Circ. Ruling  The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel. 
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								Justices Likely To Stay In ERISA's Bounds On Pleadings  The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig. 
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								Series Adventure Photography Makes Me A Better Lawyer  Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright. 
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								5 Ways To Create Effective Mock Assignments For Associates  In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro. 
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								8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.  A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding. 
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								Mentorship Resolutions For The New Year  Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.