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Benefits
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January 13, 2026
Blue States Say HHS Conditions Funding On Anti-Trans Bias
A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.
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January 13, 2026
NC Judge Leery Of Early Exit Bid In Produce Co. ESOP Suit
A North Carolina federal judge seemed disinclined Tuesday to toss a lawsuit alleging a "cabal" of lawyers, private equity firms and their founders conspired to drain a produce company's employee stock ownership plan of its value, noting it's a fact-intensive case that will likely require discovery.
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January 13, 2026
Moore & Van Allen Gets Fla. Malpractice Suit Moved To NC
A Florida federal judge transferred to North Carolina a proposed class action of Floridians accusing Moore & Van Allen PLLC of mishandling their employee stock ownership trust, but rejected the law firm's request to have the case dismissed.
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January 13, 2026
Sen. Warren Questions SEC On Crypto In 401(k) Plans
Sen. Elizabeth Warren sent a letter to the U.S. Securities and Exchange Commission in advance of a banking committee vote on cryptocurrency market structure legislation, asking how the agency will protect investors as the administration also pushes to broaden access to cryptocurrency in 401(k) retirement plans.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Sen. Kelly Sues Hegseth Over Alleged Retaliation For Remarks
Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday, urging a D.C. federal court to declare unlawful Hegseth's attempt to reduce the lawmaker's Navy rank over statements reminding service members of their obligation to disregard unlawful orders.
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January 12, 2026
Elevance Nurses Are Owed No OT, Judge Told As Trial Opens
Elevance Health Inc. said Monday that claims it violated labor law by denying overtime pay to registered nurses evaluating insurance claims are "preposterous," as a Georgia federal bench trial kicked off over a suit from nearly 40 nurses alleging they were stiffed on years of pay.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
DOL Tells 4th Circ. Lockheed Pensioner Class Lacks Standing
The U.S. Department of Labor urged the Fourth Circuit to shut down a proposed class action from Lockheed Martin Corp. pension plan participants challenging the company's $9 billion pension risk transfer, arguing a Maryland federal court erred in holding that retirees had established standing.
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January 12, 2026
Wilson Sports Co., Worker End Paternity Leave Firing Suit
A Minnesota federal court tossed a suit Monday from a former Wilson Sporting Goods Co. employee who alleged the company fired him for taking parental leave in violation of the Family and Medical Leave Act, with the dismissal coming after the parties disclosed a settlement earlier this month.
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January 12, 2026
Gov't Defends IRS, SSA Handing Taxpayer Data To ICE
The Trump administration has asked a Massachusetts federal judge to dismiss a lawsuit that seeks to block the Internal Revenue Service and the Social Security Administration from sharing taxpayer addresses with immigration enforcement officials, saying the data sharing pacts are legal.
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January 12, 2026
Supreme Court Won't Disturb 9th Circ. Severance Suit Revival
The U.S. Supreme Court refused Monday to disturb a Ninth Circuit ruling that restarted two former microchip manufacturer employees' class action alleging their employer illegally revoked severance benefits following a merger, turning down an employer-side petition for review of the case.
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January 12, 2026
HHS' Pediatric Health Cuts Blocked As Likely 'Retaliatory'
A D.C. federal judge has temporarily blocked the U.S. Department of Health and Human Services from cutting nearly $12 million in pediatric health funding to the American Academy of Pediatrics, finding HHS could be retaliating for a lawsuit challenging the agency's changes to members on a federal vaccine committee.
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January 12, 2026
Neb. Bill Would Allow Income Tax Deductions For Tips, OT
Nebraska would allow individual income tax deductions for tips and overtime pay under a bill introduced in the state's unicameral Legislature.
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January 12, 2026
High Court Won't Take On No Surprises Act Enforcement Row
The U.S. Supreme Court on Monday declined to weigh in on whether the No Surprises Act denies providers a private right to enforce dispute resolution awards against insurers over emergency care coverage.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
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January 09, 2026
NextEra Energy Settles Fight Over 401(k) Forfeitures, Fees
NextEra Energy Inc. has agreed to resolve a class action from 20,000 former employees who alleged the company misspent forfeited 401(k) plan funds and allowed Fidelity, the plan's recordkeeper, to charge excessive fees, according to a joint report filed on Friday in Florida federal court.
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January 09, 2026
Mich. Bid For Behavioral Managed Care Contracts Can't Stand
A Michigan Court of Claims judge ruled the state health department's bid for Medicaid managed care contract proposals would unlawfully interfere with the duties of local governmental bodies that provide and coordinate behavioral health care.
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January 09, 2026
DOL Praises Resolution Of Home Depot 401(k) Battle
The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."
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January 09, 2026
Ex-NRA President's Fla. Lawsuit Survives Dismissal Bid
A Florida federal judge on Friday refused to toss claims from the former president of the National Rifle Association that the organization wrongly used her name, image and likeness on its website for fundraising, rejecting arguments the case amounted to a shotgun pleading.
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January 09, 2026
Future Risk Not Enough To Save Verizon Pension Annuity Suit
A New York federal judge tossed a suit from a group of retirees who claimed Verizon Communications Inc. and its independent fiduciary State Street Global Advisors Trust Co. illegally converted $6 billion in pension benefits to risky annuities, ruling that the workers hadn't shown that the annuity holders were unlikely to follow through on their benefits.
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January 09, 2026
Vanguard Investors Win Final OK For $25M Tax Suit Deal
A Pennsylvania federal judge finalized a $25 million settlement to end a class action accusing Vanguard of triggering an asset sell-off that saddled investors with capital gains taxes, handing the investors' attorneys more than $8 million in fees.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
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January 09, 2026
Couple Fights To Send Annuity Fraud Case To State Court
A retired U.S. Navy veteran and his wife, who are accusing Ameritas Mutual Holding Co. and Ameritas Life Insurance Company Inc. of orchestrating a fraudulent investment scheme based on the sale of unsuitable equity-indexed annuities, urged a North Carolina federal court to send the case back to state court.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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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.