Interview

Eye On ERISA: A Chat With King & Spalding's Darren Shuler

By Kellie Mejdrich

Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.

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Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred

By Kellie Mejdrich

A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.

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Union Fund Gets Early Win In ERISA Audit Fight

By Emily Brill

A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.

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Vein Restoration Co. Will Pay $4M To End False Claims Suit

By Brian Steele

The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.

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Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme

By Gina Kim

The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."

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5 Tips For Navigating Your Firm's All-Attorney Summit

Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

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DOJ Rebuked Over Lack Of Candor For 'Imperious Client'

By Jack Karp

A Florida federal judge has rebuked government attorneys for failing to be up-front about legal authority that contradicts their position in a habeas case, warning them not to let their "imperious client" get between them and their ethical obligations.

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The Hypnosis That Helped Send A Man To Death Row

By Marco Poggio

The capital murder conviction of Charles Don Flores, a man on Texas’ death row, hinged on a courtroom identification by a witness who had previously undergone hypnosis. His lawyers are now asking the U.S. Supreme Court to intervene, after Texas’ top court shot down his claims that the hypnosis session contaminated the witness’s memory and tainted her identification.

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Ore. Atty Sanctioned $10K For Brief With Fabricated Citations

By Hailey Konnath

An Oregon appellate court has ordered an attorney to pay $10,000 for filing an opening brief containing fabricated case citations, quotations that "do not exist anywhere in Oregon case law" and other inaccuracies, according to an opinion.

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Where Calif. State Courts Landed On Generative AI Use Rules

By Emily Sawicki

The majority of California's 58 superior courts — together making up the country's largest trial court system — have decided to greenlight the use of generative artificial intelligence in their work this year, a Law360 investigation found.

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Legal Sector Bracing For Impact Of Del. Corp. Law Changes

By Rose Krebs

Now that the Delaware Supreme Court has signed off on controversial corporate law amendments, the legal industry is anxiously awaiting the real-world impacts of those changes, panelists at Tulane University Law School's Corporate Law Institute said on Friday.

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Roundup

Balancing The Scales: $3M Jury Verdict, GEO Appeal Denial

By Orlando Lorenzo

A Philadelphia federal judge rejected bids to disturb a $3 million jury award and impose sanctions on plaintiff's counsel arising from proceedings he described as "near-daily Festivus celebrations, where everyone got to air their grievances 'for the sake of the record'" and a Detroit man saw his murder conviction vacated after 27 years due to the case's reliance on a coerced confession and a lack of physical evidence, among other access to justice stories you may have missed.

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Bondi Keeps Ousted Wisconsin US Atty With New Title

By Lauren Berg

U.S. Attorney General Pam Bondi swapped Brad D. Schimel's title from interim U.S. attorney to first assistant U.S. attorney for the Eastern District of Wisconsin in order to keep him in charge of the office after his tenure expired earlier this week.

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Beasley Allen Can't Halt DQ Ruling In J&J Talc Litigation

By George Woolston

A New Jersey state appeals court has refused to pause its decision disqualifying the Beasley Allen Law Firm from representing plaintiffs in multicounty litigation over Johnson & Johnson's talc-based baby powder, according to a court order.

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Up Next At High Court: Late Ballots And 'Last-Mile' Drivers

By Katie Buehler

The U.S. Supreme Court will kick off its March oral arguments session by reviewing disputes over the validity of state laws allowing late-arriving mail-in ballots to be counted in federal elections and whether "last-mile" delivery drivers qualify for the transportation worker exemption to the Federal Arbitration Act. 

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Top SEC Enforcer Signals Continuity After Ryan Departure

By Sarah Jarvis

The U.S. Securities and Exchange Commission's acting enforcement chief said Friday that the agency will continue to "focus on quality over quantity" when it comes to the cases it brings, projecting continuity with his predecessor's approach after her abrupt departure from the agency earlier this week.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

The past week in London has seen an ex-professional footballer revive a dispute with Charles Russell Speechlys, Virgin Media face a group data protection claim after hundreds of thousands of customers' personal details were exposed online for months, and Mishcon de Reya sued by a real estate private equity firm founded by a former Morgan Stanley executive.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Major shareholder groups sued the U.S. Securities and Exchange Commission, claiming the agency violated the Administrative Procedure Act. In the meantime, some attorneys think the sanctions that judges are issuing to lawyers over AI-generated errors won't be enough to stop the problem. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Baron & Budd PC, Walden Macht Haran & Williams LLP and Powers Pyles Sutter & Verville PC lead this week's edition of Law360 Legal Lions, after the Ninth Circuit revived a major hospital chain's False Claims Act suit accusing large pharmaceutical companies of massive overcharges in a prominent drug discount program.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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