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Benefits
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October 27, 2025
Marketing Co. Escapes 401(k) Forfeiture Suit, For Now
A New York federal court nixed a proposed class action against a marketing company from two ex-workers who said 401(k) plan forfeitures were misspent, holding that allegations of fiduciary breach and prohibited transactions failed to state a claim for violating federal benefits law.
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October 24, 2025
USAA Defends Medical Reimbursement Cuts In Coverage Row
Two USAA units sought to toss two insureds' proposed class action accusing the companies of under-reimbursing their medical providers via claim handling software, telling a Washington federal court "there is no admissible evidence that plaintiffs' treatments were medically necessary and related to their auto accidents."
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October 24, 2025
11th Circ. Revives Edible Arrangements TM Suit
The Eleventh Circuit reinstated a trademark infringement case brought by Edible Arrangements against 1-800-Flowers on Friday, saying a lower court had improperly granted the latter company a win by finding that its competing conduct was a continuation of practices it had begun before a 2016 settlement agreement between the two parties.
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October 24, 2025
X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late
Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."
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October 24, 2025
NFL Players' Race Bias Claims Tossed In Concussion Case
A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.
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October 24, 2025
Morgan Lewis Seeks Fees Over Ex-Media Exec.'s 'Absurd' Suit
Morgan Lewis & Bockius LLP is seeking over $500,000 in legal fees from a media executive after successfully defending his former employer from a suit over severance pay that it called "absurd."
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October 24, 2025
Trucking Co. Will Pay $3M To End Workers' 401(k) Fee Suit
Knight-Swift Transportation will pay $3 million to end a class action from workers who alleged the trucking business allowed excessive fees in its $432 million employee 401(k) plan, according to a filing in Arizona federal court.
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October 23, 2025
Sanctions Threats Mount For Atty Who Ignored Citation Order
An attorney who ignored a show cause order earlier this summer after his co-counsel included a fake case citation in a filing for their then-client, a former in-house attorney for Workday Inc., told a San Francisco federal judge Thursday that his failure to respond was a "mistake," in response to a renewed show cause order.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Adidas Hid Ye's Hate Speech From Investors, 9th Circ. Told
Adidas investors urged the Ninth Circuit on Thursday to revive allegations that the sportswear giant failed to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, arguing that executives hid evidence of his "raging" antisemitism, like his proposal for a swastika shoe design.
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October 23, 2025
Ex-Intel Workers Seek High Court Review Of 401(k) Suit
Former Intel employees urged the U.S. Supreme Court to review the dismissal of their suit claiming their retirement savings were pushed into subpar investment options, saying the Ninth Circuit imposed too strict a standard by requiring them to identify similar funds for comparison.
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October 23, 2025
Fed. Circ. Affirms No Tax Refunds For Retired United Pilots
United Airlines pilots who said they overpaid payroll taxes because of the early termination of their retirement plan in the company's bankruptcy can't get partial refunds, the Federal Circuit affirmed Thursday, saying procedural issues doomed their case.
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October 23, 2025
Judge Dings Law Profs In Judge-Shopping Sanctions Case
The federal judge behind a controversial sanctions order accusing three attorneys of judge shopping while challenging an Alabama gender care law is pushing back on claims that he lacked jurisdiction, as the ruling is on appeal in the Eleventh Circuit.
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October 22, 2025
Judge Voids HHS Rule Banning Gender Identity Discrimination
A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.
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October 22, 2025
Investor Advocates Criticize SEC's New Arbitration Stance
Two investor advocacy groups are speaking out against a recent U.S. Securities and Exchange Commission decision to allow some newly public companies to adopt mandatory arbitration clauses, arguing that the move undermines shareholder rights and could make the U.S. a less attractive place to invest.
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October 22, 2025
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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October 22, 2025
Trade Desk CEO Pay Suit Pleads 'Bad Faith,' Del. Justices Told
The Delaware Supreme Court heard oral arguments on Wednesday in the appeal of the dismissal of a stockholder derivative suit that sought to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk.
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October 22, 2025
Feds Fight Early Release For Atty Convicted Of $550M Fraud
Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.
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October 22, 2025
Deal To End Software Co. Retirement Fund Suit Gets Initial OK
A California federal judge gave the initial green light to a $925,000 settlement that aims to end a class action alleging software company ServiceNow cost workers millions by letting them funnel their savings into underperforming target date funds in their retirement plan.
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October 22, 2025
Retention Bonus Not Subject To Wage Act, Mass. Justices Say
Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.
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October 22, 2025
Amazon Gets Military Leave Suit Thrown Out, For Now
A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.
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October 22, 2025
Hall Benefits Law Expands To NYC With Partner Hire
National benefits boutique Hall Benefits Law announced Wednesday that it is expanding to New York City with the hire of a former Greenberg & Kaplan LLP of counsel, calling the move a response to rising demand for counsel on the Employee Retirement Income Security Act, employee benefits and executive compensation.
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October 22, 2025
$850K Deal In Marketing Co. 401(k) Fee Suit Clears 1st Hurdle
A Wisconsin federal judge gave initial approval to an $850,000 settlement a class action claiming marketing company allowed its $2.4 billion retirement plan to be bogged down by excessive administrative fees, causing workers to lose tens of millions in retirement savings.
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October 21, 2025
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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October 21, 2025
2nd Circ. Weighs Reviving Signature Bank Investor Suit
The Second Circuit quizzed an FDIC attorney Tuesday over the agency's ability to stop Signature Bank's former shareholders from suing following the bank's collapse, with the judges considering whether to revive a lawsuit accusing Signature's brass and its outside auditor of failing to warn investors about its liquidity problems.
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.