Benefits

  • June 02, 2026

    11th Circ. May Lower Bar For Getting ERISA Claims To Court

    Several Eleventh Circuit judges voiced support during en banc arguments Tuesday for overturning precedent backing the appellate court's exhaustion requirement for federal benefits claims, signaling the potential reinstatement of a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • June 01, 2026

    Valeant Investors Should Get Cert. In PwC Fight, Report Says

    A special master recommended Monday that a New Jersey federal judge certify a class of Valeant Pharmaceuticals stockholders looking to hold PwC liable for missing "red flags" that could have caught what they called market manipulation by the pharmaceutical company, rejecting the professional services giant's argument that the lead plaintiff's claims are atypical and "lawyer-driven."

  • June 01, 2026

    Wash. Mandates Menopause Protections For Cabinet Workers

    Washington state Cabinet agencies will soon be required to accommodate employees experiencing menopause and perimenopause after Gov. Bob Ferguson on Monday instructed the state Women's Commission to help develop guidance, policies and resources applicable to menopause-related conditions.

  • June 01, 2026

    NFL Benefit Plans Vow To Reset 'Race Norming' Test Scores

    The NFL's disability and retirement plans have agreed to reassess former players' cognitive health to settle a sweeping class action accusing the plans of muting the results based on race.

  • June 01, 2026

    Cold Storage Co. Says Investors Can't Claim Misleading IPO

    Investors in temperature-controlled warehouse giant Lineage Inc. can't show they were misled about the company's prospects ahead of its $4.4 billion initial public offering in 2024, the company has argued in Michigan federal court, arguing it plainly disclosed at the time that it was debuting amid a "soft" market for cold storage.

  • June 01, 2026

    GM Investors Seek Cert. In Cruise AV Securities Fraud Suit

    General Motors investors who alleged the automotive giant misrepresented technological capabilities and commercial readiness of its self-driving unit's robotaxis urged a Michigan federal judge to grant class certification, arguing Friday the merits of their securities fraud case "turn on a common course of misconduct — defendants' public misrepresentations."

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • May 29, 2026

    Ohio AG Says Cigna Can't Use Sherman Act To Ax State Case

    The Ohio attorney general has urged a federal judge not to dismiss prescription drug price-fixing claims against Express Scripts, its Cigna parent and fellow pharmacy benefit manager Prime Therapeutics, arguing the companies are trying to fight his state law antitrust claims by invoking federal law standards that do not apply.

  • May 29, 2026

    7th Circ. Backs Pension Fund's Power To Expel Penske Unit

    The Seventh Circuit ruled Friday that a Teamsters pension fund didn't overstep when it tried to kick out a Penske bargaining unit in Dallas, finding it was reasonable for plan trustees to conclude the agreement with the company allowed it to expel the unit.

  • May 29, 2026

    USW Can't Block Retiree Healthcare Shift, Pa. Judge Says

    A Pennsylvania federal judge has rejected the United Steelworkers' bid to block materials manufacturer Saint-Gobain from changing union retirees' healthcare benefits, ruling that the union fell short in proving its members would suffer irreparable harm if the changes are made before the parties have finished arbitrating them.

  • May 29, 2026

    Streamers Deemed NJ Employees, Contractors Under FLSA

    A New Jersey federal judge ruled Friday that adult entertainers who perform on a streaming service are independent contractors under federal wage law but employees under New Jersey law, handing both sides partial wins in a wage class and collective action over the platform's pay practices.

  • May 29, 2026

    Cuts To Benefits Come With Risks For Employers, Attys Say

    Some employers have been reducing employee benefits, attorneys say, a move that brings both legal and reputational risks. Here's a look at three areas where practitioners are seeing cutbacks and the pitfalls they present. 

  • May 28, 2026

    Fla. Businessmen File Bid To Seize Ex-Official's $770K Payout

    Two Miami businessmen asked a Florida federal court on Thursday to garnish a former city commissioner's $770,000 settlement from a state court lawsuit as payment toward a multimillion-dollar political retaliation judgment, arguing the funds can't be shielded under state law as they are compensatory in nature.

  • May 28, 2026

    UnitedHealthcare Unit Settles PrEP Coverage Fight

    A UnitedHealthcare subsidiary and two customers who alleged its failure to approve full coverage for PrEP violated the Affordable Care Act have agreed to settle their dispute, parties told a Minnesota federal court.

  • May 28, 2026

    DOJ To Speed Up Review Of Qui Tam Benefits Fraud Claims

    The U.S. Department of Justice announced that it's speeding up the agency's review of whistleblower complaints accusing contractors of defrauding state-administered benefits programs that are funded by the federal government, in violation of the False Claims Act. 

  • May 28, 2026

    Delta, Retirees Fail To Reach Accord In Benefits Battle

    A proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts will move forward after the airline and former workers failed to settle during mediation earlier this month.

  • May 28, 2026

    9th Circ. Won't Revisit FCA Ruling Over Drug Price Program

    The Ninth Circuit has said it will not disturb its March ruling allowing a hospital chain to pursue a False Claims Act lawsuit against various pharmaceutical companies for allegedly causing the government to overpay for drugs under a discount program.

  • May 27, 2026

    Cummins Beats Emissions Derivative Suits, For Now

    An Indiana federal judge on Wednesday dismissed consolidated shareholder derivative litigation alleging engine manufacturer Cummins Inc.'s top executives breached their fiduciary duties by overseeing a scheme to rig vehicles with emissions-cheating software, prompting $2 billion in penalties to settle regulators' claims concerning Clean Air Act violations.

  • May 27, 2026

    DOL Gets To Argue In 11th Circ. ESOP En Banc Appeal

    The Eleventh Circuit Wednesday granted the U.S. Department of Labor permission to argue as amicus in support of a seafood company in a worker-side appeal seeking to revive allegations of mismanagement of an employee stock ownership plan, which the full appellate court has agreed to consider in September.

  • May 27, 2026

    NY-Presbyterian Says DOJ's Antitrust Case Is Misguided

    New York-Presbyterian Hospital is pushing back against claims that it blocks cheaper insurance plans through its contracts with insurers, telling a federal court that enforcers are challenging industry-standard contract terms that lower prices and guarantee patient access.

  • May 27, 2026

    3rd Circ. Mulls 401(k) Plan Terms In 2 Forfeiture Fights

    The Third Circuit Wednesday seemed inclined to revive a Siemens worker's proposed class action alleging the technology company misspent 401(k) forfeitures, but appeared more skeptical of a Honeywell ex-worker's bid to revive a similar class action given differences in plan language.

  • May 27, 2026

    WWE Shareholders Win Sanctions Over Lost Signal Messages

    World Wrestling Entertainment Inc. investors won sanctions in the Delaware Chancery Court after a judge found former CEO Vince McMahon and other senior executives recklessly allowed encrypted and ephemeral Signal messages and other evidence tied to WWE's $21.4 billion merger with Ultimate Fighting Championship to disappear during litigation over the deal.

  • May 27, 2026

    Pilgrim's Pride Says 401(k) Suit Rests On Bad Math

    Food production company Pilgrim's Pride urged a Colorado federal judge to toss a proposed class action challenging a stable value fund in its 401(k) plan, saying the allegations rely on flawed calculations and mismatched comparisons.

  • May 26, 2026

    4th Circ. Shuts Down Suit Against PE Firm Over Plant Closure

    The Fourth Circuit refused Tuesday to reopen a proposed class action claiming a private equity firm violated federal laws by abruptly shutting down a manufacturing plant, ruling decades-old U.S. Supreme Court precedent barred the former workers from suing simply to collect on a judgment against the manufacturer.

  • May 26, 2026

    8th Circ. Finds GE Exempt For Liability In $230M Fund Fight

    General Electric Co. does not owe $230 million in pension obligations to construction employees covered by a boilermaker-blacksmith fund, the Eighth Circuit affirmed Tuesday, finding in a published opinion that GE qualified for a withdrawal liability exemption since "substantially all" of the employees worked in the building and construction industry.

Expert Analysis

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • New Risks Emerge As States Push Proxy Voting Legislation

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    Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

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