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Benefits
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November 06, 2025
Med Groups Call To Break Up 'Politicized' CDC Vax Committee
A Massachusetts doctor and a group of public health trade associations want the federal government to break up a key vaccine committee tasked with nationwide vaccine policy, arguing in an amended lawsuit Thursday that the panel has been tainted with anti-vaccine sentiment.
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November 06, 2025
Seafood Co. Workers Urge 11th Circ. To Rehear ESOP Fight
Workers for a seafood company urged the Eleventh Circuit to rethink a panel's decision in October that upheld dismissal of their suit accusing the company of employee stock ownership plan mismanagement, arguing the full court should overturn appellate precedent that led to the three-judge panel's decision.
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November 06, 2025
Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says
Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.
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November 05, 2025
10th Circ. Revives Yellow's $137M Suit Against Teamsters
The Teamsters once again must face Yellow Corp.'s allegations that the union drove the trucking company into bankruptcy by holding up a corporate restructuring, with a Tenth Circuit panel reviving Yellow's $137 million breach-of-contract lawsuit against the union Wednesday.
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November 05, 2025
Pharmacy Groups Urge 8th Circ. To Back Ark. PBM Limits
A pair of pharmacy trade groups is urging the Eighth Circuit to allow Arkansas to enforce a law barring pharmacy benefit managers from owning pharmacies, arguing the law is a rational response to "abusive" PBM practices.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
Celgene Inks $239M Investor Deal Over Drug Pipeline Claims
Celgene Corp. has agreed to a $239 million settlement with investors to resolve claims that the biopharmaceutical company hyped up its share price by failing to disclose timeline and growth problems with two of its drugs, ending the case after seven years of litigation and with a January 2026 trial date looming.
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November 05, 2025
CenterPoint To Pay $800K To End 401(k) Fee Suit
Houston-based utility company CenterPoint Energy will pay $800,000 to resolve a proposed class action claiming its $2.6 billion employee retirement plan was saddled with excessive recordkeeping fees, according to a Texas federal court filing.
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November 05, 2025
American Airlines Workers' Attys Seek $8M In ESG Battle
Class counsel representing American Airlines workers who prevailed on claims their employer violated federal benefits law by allowing an unchecked emphasis on environmental, social and governance factors in their employee retirement plan asked a Texas federal court for $7.9 million in fees.
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November 05, 2025
Dish Network Wants To Toss 401(k) Fund Suit
A class action accusing Dish Network of mismanaging retirement funds is rootless and evidence doesn't support its claims that the company acted imprudently, the entity told a Colorado federal court, seeking a pretrial win.
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November 04, 2025
IRhythm Investors Seek Class Cert. In Heart Device Suit
Investors in digital healthcare company iRhythm Technologies are seeking certification of a class that bought shares of the company over a roughly two-year period during which it allegedly concealed issues with its Zio AT heart-event monitoring device.
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November 04, 2025
Bally's Escapes ERISA Suit Over Tobacco Surcharge
Casino operator Bally's defeated a proposed class action alleging workers who use tobacco were unlawfully overcharged for health benefits, with a Rhode Island federal judge ruling Tuesday that federal law doesn't require retroactive reimbursement of plan participants' fees after completion of a tobacco cessation program.
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November 04, 2025
Ex-Employees Accuse Colo. Solar Firm Of Equity Fraud
Former employees of a Denver-based solar and storage development company allege it committed fraud by promising them nearly $2 million in private equity in the company but later slashing the value to avoid properly compensating them after laying off the pair, according to a suit filed in Colorado state court.
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November 04, 2025
Chem Cos. Urge 3rd Circ. To Scrap ERISA Ruling Over Spinoff
Chemical companies Corteva Inc. and DuPont urged the Third Circuit Tuesday to upend a verdict in favor of employees who claimed they were misled about how a merger and spinoff would affect their retirement benefits, arguing plan participants' confusion and disappointment can't be remedied under federal benefits law.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
3rd Circ. Won't Rethink Reversing Union's $3.5M Pension Win
The Third Circuit on Tuesday refused to rethink its earlier decision to reverse a $3.5 million win for a pipe fitters and plumbers union in a dispute with a commercial real estate company over pension contributions related to overtime hours.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
3rd Circ. Weighs Arbitration Of Union Withdrawal Liability Suit
The Third Circuit on Monday seemed inclined to reopen a dispute between two companies and a union over an $800,000 pension withdrawal bill, with judges questioning whether the parties must first arbitrate disputes about the timeliness of liability notices from the union.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
Michael Best Adds Ex-Electric Cooperative Assistant GC
The former assistant general counsel of a national nonprofit that promotes the interests of consumer-owned electric cooperatives has joined Michael Best & Friedrich LLP as a senior counsel focused on labor, employment and benefits issues.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Plumbing Co. Reaches $1.8M Deal In 401(k) Forfeiture Suit
A plumbing supply company has agreed to pay $1.8 million to close a suit claiming it allowed its $2.6 billion retirement plan to be bogged down by excessive management fees and pricey investment funds, according to a California federal court filing.
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October 31, 2025
Garnet Health Inks $4.6M Deal In Retirement Fee, Fund Suit
Garnet Health Medical Center has agreed to fork over $4.6 million to end a proposed class action alleging the New York healthcare network mismanaged employee retirement plan fees and investments, according to settlement documents filed by workers Friday in New York federal court.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.