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Benefits
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
Yellow Corp. Says It Reached Ch. 11 Plan Deal With Creditors
A Delaware bankruptcy judge agreed Wednesday to delay his decision on $6 billion of contested claims in Yellow Corp.'s Chapter 11 after attorneys for the defunct trucking group said they reached a plan settlement.
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March 26, 2025
Del. Justices Seek Reasons To Revive Raytheon Incentive Suit
Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.
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March 26, 2025
Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal
An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.
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March 26, 2025
Governor Quickly Signs Delaware Corporate Law Revision Bill
Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.
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March 26, 2025
Alerus Evades Challenge To $7.2M Employee Stock Plan Sale
A California federal judge cut employee stock ownership plan trustee Alerus Financial loose from a proposed class action brought by telecommunications company workers who claimed they got shortchanged when their shares were sold in a $7.2 million deal, saying they failed to connect Alerus to the sale.
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March 25, 2025
Ex-Masimo CEO Slams Bid To DQ His Hueston Hennigan Attys
Joe E. Kiani, founder and ex-CEO of Masimo Corp., has urged the Delaware Chancery Court to reject the medical technology company's bid to disqualify his attorneys from Hueston Hennigan LLP in its lawsuit over Kiani's quest for a $450 million payout, saying the request is being "weaponized for tactical gain."
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March 25, 2025
Amazon Slams 'Alternative Reading' Of ERISA In Worker Suit
Amazon on Monday urged a Washington federal court to throw out a worker's proposed class action alleging that Amazon used abandoned retirement plan funds to offset its own contributions, arguing that the suit's "alternative reading" of the Employee Retirement Income Security Act "flies in the face of" the well-established practice.
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March 25, 2025
Anthem Can't Escape Family's Mental Health Parity Claims
Anthem Blue Cross Blue Shield must face a Virginia family's claim that the company violated a federal benefits law by refusing to cover an adolescent girl's stay in a residential mental health facility, with a Virginia federal judge deeming the suit strong enough to survive a dismissal motion Tuesday.
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March 25, 2025
Industry Backs BlackRock Over States' 'Crippling' Coal Suit
Two leading financial industry groups are throwing their support behind BlackRock Inc. and two other asset managers fighting a state-backed antitrust suit over their coal company investments, with one group arguing that forcing the firms to divest would have "crippling effects" for tens of millions of American investors.
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March 25, 2025
Hershey Escapes Ex-Production Worker's Leave Bias Suit
Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.
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March 25, 2025
Media Cos. Want Docs Unsealed In X Workers' Layoff Suit
More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.
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March 25, 2025
Jenner & Block Latest BigLaw Firm Targeted In Trump Order
President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.
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March 25, 2025
Mich. Residents, Some Claims Cut From Frozen Benefits Case
A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.
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March 25, 2025
Ogletree Hires Ex-Womble Bond Atty In Phoenix
Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it has expanded its offerings in Arizona with the addition of a litigator from Womble Bond Dickinson.
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March 25, 2025
Hartford HealthCare Fights Disclosure Of Antitrust Settlement
Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.
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March 24, 2025
UPS Retirees Call Co.'s Class Cert. Objections 'Baffling'
Retired UPS workers who say the logistics giant bilked them on their benefits payments urged a Georgia federal judge Friday to certify a proposed class of nearly 70,000 beneficiaries and ignore the company's calls to shoot down the certification bid over its allegedly faulty math.
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March 24, 2025
Chancery OKs Paramount Global Docs Suit For Interim Appeal
Citing unsettled issues covering the use of confidential sources and pre- or post-petition evidence in stockholder books and records cases, a Delaware vice chancellor on Monday asked Delaware's Supreme Court for mid-case review of a decision that revived a Paramount Global records demand suit.
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March 24, 2025
Wells Fargo Prescription Cost Suit Axed Over Standing
Wells Fargo has beaten back allegations that it violated federal benefits law by letting workers on its healthcare plan overpay for prescription drugs, with a Minnesota federal judge ruling Monday that the ex-workers behind the proposed class action lacked standing to sue.
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March 24, 2025
Prudential Settles Trauma Surgeon's Disability Benefits Suit
Prudential agreed to end a surgeon's lawsuit claiming the insurer unlawfully cut off her disability benefits after erroneously determining that she could return to work in a different capacity, according to a filing Monday in Texas federal court.
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March 24, 2025
NFL Blew Chance To Keep Atty Fees, Ex-Player Tells 5th Circ.
Former NFL player Michael Cloud, whose award of disability benefits by the league was reversed in 2023, told the Fifth Circuit that the league had forfeited its chance to reverse the awarding of attorney fees and should have its second attempt thrown out.
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March 24, 2025
Patients Say UBH Limits On Mental Health Violated ERISA
Employee health benefit plan participants who sought coverage for mental health and substance use disorder treatments from United Behavioral Health urged a California federal court to rule that the company violated federal benefits law by implementing overly restrictive guidelines, arguing the insurer's interest in narrowing coverage wrongly limited patients' access.
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March 24, 2025
Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid
A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.
Expert Analysis
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.