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Benefits
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December 01, 2025
Home Depot Ex-Worker's Appeal In 401(k) Suit Dismissed
The Eleventh Circuit on Monday tossed an appeal by a former Home Depot worker in a proposed class action alleging the company misspent forfeited employer contributions in its employee 401(k) plan, several months after a Georgia lower court concluded that the lawsuit failed to state a claim.
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December 01, 2025
Kessler Topaz To Lead Apple Investors In Siri AI Plans Suit
Kessler Topaz Meltzer & Check LLP will represent a putative class of Apple investors who claim the technology giant was overly bullish on its timeline for implementing certain artificial intelligence-based features for its digital personal assistant Siri.
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December 01, 2025
J&J Narrows Ex-Employees' Prescription Benefits Suit
Johnson & Johnson narrowed a proposed class action claiming it unlawfully overcharged employees through a prescription drug benefits program, with a New Jersey federal judge ruling workers leading the suit failed to show how allegedly excessive fees the company paid to a benefits manager caused participants' costs to rise.
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December 01, 2025
Ex-NJ Police Officer Wins COVID-Related Disability Benefits
A Garden State police officer who contracted long COVID after responding to a nursing home emergency won reinstatement of his accidental disability retirement benefits Monday, after a New Jersey appeals panel ruled that the pension board acted arbitrarily in denying his claim despite medical evidence and credibility findings in his favor.
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December 01, 2025
DOD Axes Gender Marker Change Rule For Benefits Database
The U.S. Defense Department issued a rule on Monday rolling back Biden-era procedures that allowed retirees, dependents and contractor employees to request a change in their gender identification in the Defense Enrollment Eligibility Reporting System.
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December 01, 2025
11th Circ. Reverses Energy Co. Win In Investor Suit
The Eleventh Circuit has revived a proposed class action against NextEra Energy Inc. seeking to hold the energy company liable for a drop in its share price after political interference allegations emerged against its subsidiary Florida Power and Light Co.
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December 01, 2025
Judge-Shopping Sanctions Order Must Stand, 11th Circ. Told
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
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December 01, 2025
Attys Seek $99M From Colgate-Palmolive ERISA Pension Deal
Attorneys representing Colgate-Palmolive retirees asked a New York federal court to approve $99 million in attorney fees and expenses from a $332 million megadeal ending claims the company skimped on pensioners' lump-sum retirement payouts, a request that comes after the court initially signed off on the settlement in October.
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December 01, 2025
5th Circ. Ends DOL Appeals Over Biden-Era Fiduciary Regs
The Fifth Circuit shuttered two appeals from the U.S. Department of Labor that aimed to revive Biden-era regulations expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after the agency told the appellate court it intended to drop the cases.
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December 01, 2025
Nurses Collective, Class In OT Row Can Proceed
Nurses who accused an insurer of misclassifying them as overtime-exempt can keep their collective in place and proceed as a class, a North Carolina federal judge said in an order entered Monday, keeping in place a magistrate judge's recommendation.
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November 26, 2025
Health Plans Defend Renewed Biogen MS Drug Scheme Suit
Health plans claiming Biogen Inc. illegally stifled competition for its multiple sclerosis drug Tecfidera have said an Illinois federal judge should let their latest complaint proceed to discovery because it fixes earlier pleading deficiencies and better outlines the drugmaker's allegedly anticompetitive scheme.
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November 26, 2025
Benefit Funds Claim Drilling Co. Missed $20K In Contributions
A utility drilling company failed to keep up on its contribution bills owed to its employee benefits plans, resulting in a $20,000 funding shortfall, according to a suit filed by a group of benefit funds and labor associations in Colorado federal court.
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November 26, 2025
Ex-Amarin CEO Loses Suit Over Ouster After Proxy Fight
A New Jersey federal judge on Wednesday tossed a lawsuit against Amarin Pharmaceuticals Inc. from its former CEO over his removal, finding that the allegations did not amount to "good cause" under Swiss law and that no qualifying "change of control" occurred to trigger severance benefits.
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November 26, 2025
2nd Circ. Revives Bid For SSA Disability Benefits Over Anxiety
An administrative law judge must reconsider the Social Security Administration's denial of a former security guard's disability benefits, a split Second Circuit panel found, concluding that the judge needs to back up her determination that the worker's anxiety wouldn't impede his ability to keep a job.
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November 26, 2025
Trucking Co. Nabs Early Win In 401(k) Recordkeeping Fee Suit
A South Carolina federal judge sided with a trucking company in a class action from employee 401(k) participants who claimed their retirement plan was saddled with excessive recordkeeping fees, holding that the class lacked sufficient evidence to back up their fiduciary breach claim.
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November 26, 2025
IBM, Workers End Pension Fight Over Mortality Data
IBM and a group of workers have agreed to close a proposed class action claiming the technology giant paid retirees less than they were owed in pension payments by using outdated mortality data to calculate their benefits, according to a filing in New York federal court.
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November 26, 2025
Ex-Media Exec Launches Counter Fees Bid In Severance Fight
A former media executive is pushing back on Morgan Lewis & Bockius LLP's demand for more than $500,000 in legal fees, arguing that a New Jersey federal court should instead award him more than $600,000 in fees because he is actually the prevailing party in a suit against his former employer over severance pay.
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November 26, 2025
6 December Argument Sessions Benefits Attys Should Watch
Workers who say Prudential mismanaged their retirement savings will ask the Third Circuit to reinstate their class action, while a union pension fund will ask the Eighth Circuit to put General Electric back on the hook for a $230 million in pension withdrawal liability. Here's a look at six upcoming oral argument sessions benefits attorneys should have on their radar.
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November 25, 2025
9th Circ. Offers Mixed Ruling On Jack In The Box Wage Claims
A trial must address whether Jack in the Box willfully deducted too much from workers' wages, the Ninth Circuit ruled on Tuesday, flipping workers' win on claims the fast-food company over-deducted their wages while reviving their claims over deductions for nonslip shoes.
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November 25, 2025
Delta Retirees Seek Court Clearance For Benefits Class Action
A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.
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November 25, 2025
Husch Blackwell Blasts Ex-Firm Atty's ERISA Suit
A former Husch Blackwell LLP partner's claim that the firm violated federal law by withholding monthly retirement account contributions misidentified the funds in question as participant contributions, when they were, in fact, contributions from the firm's year-end profit-sharing program.
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November 25, 2025
Health System Can't Dodge Worker's Time-Rounding Claims
An Ohio county health system can avoid a nursing assistant's claim that it failed to pay semimonthly wages on time, but she can continue pursuing her claims that the company illegally rounded down workers' time, a federal judge ruled.
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November 25, 2025
DOL Seeks To End 5th Circ. Fiduciary Rule Battle
The U.S. Department of Labor asked the Fifth Circuit to dismiss two appeals defending a package of Biden-era investment advice regulations that had expanded the definition of a fiduciary under the Employee Retirement Income Security Act, which two Texas courts had blocked in 2024.
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November 24, 2025
Teamsters Health Plan Wants Data Breach Suit Tossed
A Massachusetts federal judge should toss a proposed class action accusing a Teamsters healthcare plan of failing to protect plan participants' personal information, the plan argued, seeking dismissal of a suit that seeks to hold the plan liable for an August data breach.
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November 24, 2025
Colo. Hospitals Accused Of Denying Workers Break Pay
A respiratory therapist told a Colorado state court that two hospitals violated state labor laws by neglecting to pay employees for missed breaks during shifts.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.