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Benefits
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October 20, 2025
Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win
The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 17, 2025
CVS Can't Dodge Tobacco Surcharge Suit, Employee Says
CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.
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October 17, 2025
Acadia Investors Score Partial Win In Fraud Class Action
A Tennessee federal judge has granted a proposed class of Acadia Healthcare Co. investors a partial early win in their suit claiming the company misled them about the strength of its United Kingdom operations, finding that the investors have presented genuine issues of material fact and that Acadia failed to properly rebut their claims.
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October 17, 2025
Trump Commutes Ex-Rep. Santos' 7-Year Fraud Sentence
President Donald Trump announced on social media Friday that he has commuted the seven-year prison sentence of former U.S. Rep. George Santos, who admitted to falsely inflating fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
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October 17, 2025
11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
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October 17, 2025
Workday Says Ex-Atty Doesn't Have A Valid Fraud Claim
A former in-house attorney for Workday Inc. cannot pursue his claim alleging the company made fraudulent promises about his compensation, Workday has told a California federal judge, saying the attorney is trying to impermissibly repackage a breach of contract claim into a tort claim.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
$2.25M Deal In Lighting Co. ESOP Suit Gets Initial Nod
A California federal judge gave the initial OK to a $2.25 million settlement that aims to shutter a former lighting company worker's class action claiming the business mismanaged a $25 million asset ownership sale that established its employee stock ownership plan.
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October 17, 2025
DaVita, Fresenius Seek Dismissal Of Dialysis Price-Fix Suit
The nation's two biggest dialysis providers are looking to get a price-fixing class action accusing them of carving up geographic markets tossed, telling a Colorado federal judge that similar pricing is a natural competitive outcome in a highly concentrated market like that for dialysis, not evidence of a conspiracy.
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October 16, 2025
Lumen Wants 'Speculative' $1.4B Pension Swap Suit Tossed
Lumen Technologies Inc. asked a Colorado federal court to throw out a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, calling it "speculative" and arguing that retired employees can't show they've been harmed by the move.
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October 16, 2025
Trump Unveils IVF Drug Pricing Deal: 'We Want More Babies'
President Donald Trump on Thursday unveiled two initiatives he said were designed to enhance the accessibility and affordability of in vitro fertilization.
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October 16, 2025
Library Services Co. Accused Of Layoff Without Proper Notice
A Georgia company that identifies as the largest supplier of library content, software and services to public and academic libraries in the U.S., terminated at least 300 employees without proper notice as part of a mass layoff without meeting a federal 60-day notice requirement, according to a proposed class action.
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October 16, 2025
X, Musk Settle Former Executives' Severance Suit
Three former Twitter executives have settled their lawsuit claiming they were deprived of millions of dollars in severance benefits following Elon Musk's takeover of the social media company, according to a filing Thursday in California federal court.
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October 16, 2025
LA Beats Ex-Police Lt.'s Military Leave Bias Suit Before Trial
The city of Los Angeles on Thursday beat a proposed class action alleging its police department didn't grant equal sick and vacation time to service members and passed them over for promotions because of their service obligations, weeks before jury trial was set to commence in California federal court.
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October 16, 2025
Wells Fargo, Workers Get More Time For Stock Option Deal
Wells Fargo & Co. and former employees on Thursday were granted an extended deadline for filing a request for preliminary approval of their settlement resolving litigation alleging the bank used dividends earned by its employee stock ownership fund to meet its 401(k) matching obligations.
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October 16, 2025
Aerospace Workers Appeal 401(k) Suit Toss To 9th Circ.
Aerospace technology company workers told a California federal court Thursday that they'll seek Ninth Circuit review of the court's September decision to toss their proposed class action alleging an employee 401(k) plan was saddled with costly and underperforming investment options.
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October 16, 2025
Wells Fargo To Settle Investors' 'Sham' Hiring Case For $85M
Wells Fargo & Co. has agreed to pay $85 million to exit an investor class action accusing it of conducting "sham" job interviews to meet diversity quotas, settling a yearslong dispute before it could reach trial in California federal court.
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October 15, 2025
11th Circ. Leaves Hope For ESOP Suit Against Seafood Co.
The Eleventh Circuit on Wednesday backed the dismissal of a proposed class action from ex-seafood company workers who claimed their employee stock ownership plan had been mismanaged, but left open the possibility that the former workers could resuscitate their suit at the trial court.
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October 15, 2025
Alaska Airlines Seeks To Ground Pilot Sick Leave Accrual Suit
A former Alaska Airlines pilot's suit claiming that he should have accrued vacation and sick time while on long-term military assignments cannot stand because the company doesn't provide such a benefit to other types of leave, the airline told a Washington federal court.
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October 15, 2025
Bankruptcy Can't End Caterpillar Privacy Suit, Ex-Worker Says
A former Caterpillar employee urged an Illinois federal judge on Tuesday not to let his bankruptcy spell doom for his lawsuit claiming the machinery manufacturer illegally collects applicants' family medical histories, arguing he properly used a 'wildcard exemption' to shield his assets from creditors.
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October 15, 2025
Northeastern U. To Pay $725K To End 401(k) Fee Suit
Northeastern University will pay $725,000 to settle a proposed class action claiming it shirked federal benefits law by failing to wrangle in high fees and cut underperforming investment funds from its employee retirement plan, according to a Wednesday filing in Massachusetts federal court.
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October 15, 2025
Judge Denies Class Cert. In Coast Guard Vax Suit
A U.S. Court of Federal Claims judge declined to certify a proposed class of Coast Guard personnel who were involuntarily removed from active duty after refusing the COVID-19 vaccination, calling their proposed subclasses overly broad and potential claims too unique.
Expert Analysis
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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.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.