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Benefits
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October 29, 2025
Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit
Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.
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October 29, 2025
Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling
A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 28, 2025
Justices Told 9th Circ. Erred In ERISA Claim Release Fight
A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.
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October 28, 2025
Ex-Worker Drops 401(k) Forfeiture Suit Against CommonSpirit
A former CommonSpirit Health employee dismissed her proposed class action accusing the Catholic healthcare system of unlawfully using forfeited 401(k) funds to cover its own contributions rather than reducing administrative expenses shouldered by plan participants, according to filings in Kentucky federal court.
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October 28, 2025
Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools
Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
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October 28, 2025
Building Materials Co. Misled Investors About Sales, Suit Says
Fiber cement products manufacturer James Hardie Industries PLC has been hit with a proposed investor class action accusing it of making misleading claims about its ability to strengthen its North American segment while a significant portion of its customers were destocking inventory.
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October 28, 2025
Cognizant Can't Knock Out Suit Over 401(k) Roster, Fees
Cognizant Technology Solutions failed to shut down a proposed class action claiming the information technology company saddled its 401(k) plan with subpar investment options and steep recordkeeping fees, though a New Jersey federal judge said it's unclear whether the ex-workers behind the suit have standing.
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October 27, 2025
Teva To Pay $35M In Suit Over Delayed Generic Inhalers
Teva Pharmaceuticals will pay $35 million to resolve claims from a coalition of union healthcare funds that say the company schemed to delay generic competition for its QVAR asthma inhalers, according to a motion for preliminary injunction filed in Massachusetts federal court.
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October 27, 2025
Manufacturer Ditches Workers' 401(k) Fee Suit For Good
An Illinois federal judge has permanently dismissed a proposed class action claiming manufacturer Dover Corp. saddled its $1.4 billion retirement plan with excessive recordkeeping and administrative fees, saying the participants' comparator data isn't sufficient under the latest Seventh Circuit guidance for analyzing fiduciary prudence.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
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October 27, 2025
CVS Let 401(k) Get Bogged Down With High Fees, Suit Says
CVS costs workers millions in retirement savings and violated federal benefits law by failing to rein in excessive administrative fees in its $27 billion 401(k) plan, a former pharmacist said in a proposed class action filed in New York federal court.
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October 27, 2025
Acadia Pushes For Appeal Of Investors' Partial Early Win
Acadia Healthcare Company Inc. is looking to appeal a partial early win granted to a proposed class of investors accusing the company of misleading them about the strength of its United Kingdom operations, arguing that the court's recent ruling presents controlling questions of law warranting immediate appellate review.
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October 27, 2025
Northrop Grumman Settles Pension Benefit Estimate Fight
Northrop Grumman has agreed to settle a proposed class action from retirees alleging violations of federal benefits law over what they claimed were inaccurate pension estimates and the aerospace and defense company's failure to provide regular statements to beneficiaries, according to a joint filing in California federal court.
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October 27, 2025
Pa. Hospital Workers Seek Initial Approval For OT Suit Deal
A health system agreed to a $70,000 deal to end a proposed class action alleging it failed to pay unionized hospital workers proper overtime wages, according to an unopposed motion for preliminary approval that the workers filed in Pennsylvania federal court Friday.
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October 27, 2025
Former Emirates Workers Demand Class Cert. In Layoff Suit
Emirates' arguments against class certification for a suit accusing the airline of discriminating against American employees during layoffs in 2020 highlight that workers share common issues, a group of former employees told a New York federal court.
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October 27, 2025
Gold Star Mother Seeks Early Win In NJ Malpractice Case
The mother of a deceased Army service member moved for a default this week in New Jersey federal court against a law firm she has accused of mishandling her case against the Army after she was the victim of a fraud.
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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.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.