Analysis

11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

By Kellie Mejdrich

An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

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Wells Fargo Beats Ex-CEO's $34M Back-Pay Lawsuit

By Jon Hill

Wells Fargo prevailed in a California state court battle with its former CEO Timothy Sloan over roughly $34 million in compensation he has accused it of wrongfully withholding after his 2019 departure from the bank amid intense public scrutiny of its compliance record.

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Target Says It Warned Investors About Pride Merch Backlash

By Sydney Price

Target Corp. told a Minnesota federal court it should be released from a class action alleging it "betrayed" investors with Pride-themed merchandise that they claim was "exceptionally offensive," saying the company sufficiently warned investors about the potential backlash to the campaign.

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Brief

Fla. Auto Dealer To Pay $209K To Wrap Up 401(k) Suit

By David Aaro

An operator of car dealerships in Florida and Georgia will pay $209,000 to settle a proposed class action involving about 111 employees who alleged they lost millions of dollars when the company mismanaged their 401(k) funds, according to federal court filings.

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Brokers Sue CMS Over Moratorium On ACA Registration

By Gianna Ferrarin

A trade group for brokers and other health insurance professionals urged a Maryland federal court to halt the U.S. Center for Medicare and Medicaid Services' moratorium on new registrations of agents and brokers, arguing the policy and a related rule don't comply with administrative procedure.

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Brief

Aetna Drops Medical Billing Suit Against Acupuncture Clinic

By Hope Patti

Aetna, a Washington acupuncture clinic and a retired doctor have agreed to end the insurer's suit claiming it paid more than $800,000 because of fraudulent billing for medical services, according to a federal court filing.

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Womble Bond Reports Data Breach Exposing Personal Info

By Jake Maher

Womble Bond Dickinson was hit with a data breach in August that revealed personal information to an unauthorized third party, the firm said in a notice with the Massachusetts state government this week.

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Suing The Trump Admin Can Have Massive Impact, Attys Say

By Bonnie Eslinger

Lawyers representing clients against the federal government spoke Friday about the challenges and rewards of such litigation in the Trump era, with plaintiff-side powerhouse Elizabeth Cabraser pointing to the potential for massive impact, including one case in which she successfully got more than a billion dollars in grant funding reinstated.

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Dems Press Kirkland Again For Details Of $125M Trump Deal

By Courtney Bublé

A trio of congressional Democrats once again accused Kirkland & Ellis LLP of subverting their oversight requests into the $125 million deal the firm cut with the Trump administration last year.

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Brief

Cooley Reportedly Matches Milbank Pay Scale Starting In '27

By Matt Perez

Cooley LLP will reportedly increase U.S. associate base compensation in line with the pay scale set by Milbank LLP in June beginning on Jan. 1.

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Google Class Attys Get $22.7M Despite Hourly Rate Rebuke

By Dorothy Atkins

A California federal judge has approved Google's $68 million class action settlement to resolve a long-running privacy suit, including class counsel's requested $22.67 million fee award, commending the parties' hard work while also criticizing a plaintiffs attorney's "patently unreasonable" proposed $3,000 hourly rate.

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Google Users' $85M Fee Ask Stalls Over 'Utterly Lacking' Bill

By Dorothy Atkins

A California federal judge on Thursday rejected an $85 million attorney fee request following a $700 million settlement in a consumer-led case against Google, ruling that counsel's submitted billing records are "utterly lacking in information demonstrating what work was done and for what purpose," while granting leave to amend the request.

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Analysis

Expect These Post-Midterm Probes If The Hill Changes Hands

By Phillip Bantz

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms weeks away and could impact an array of companies and individuals in technology, finance and energy, experts say.

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Fla. High Court Says 'COVID Brain' Can't Excuse Atty Blunder

By David Minsky

The Florida Supreme Court found an attorney guilty of misconduct over his lack of candor when questioned about an interaction with his own witness in a paternity trial, saying there's no way "COVID brain" caused him to violate a sequestration rule and lie to a judge. 

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Attys Can Still Protect Voting Rights During The Midterms

By Cara Bayles

With the midterm elections approaching, a coalition of local and national nonprofits are seeking volunteers, especially lawyers, to safeguard the vote during an election with more states in play as battlegrounds and growing anxiety about federal interference in local elections.

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Survey Of Ill. Attys Reveals Mental Health Struggles, Stigma

By Celeste Bott

A survey of nearly 7,000 Illinois lawyers found roughly 20% rated their mental health as fair or poor, according to an Illinois Supreme Court commission report documenting the toll of workplace stress on the state's attorneys and judges, their alcohol and drug use, and barriers to getting them care.

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Analysis

Could A Criminal Sentencing Case Upend Loper Bright?

By Katie Buehler

U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

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Balancing The Scales: Criminal Appeals, Sentencing Rules

By Orlando Lorenzo

The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

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Law360's Legal Lions Of The Week

By Kevin Penton

Schlichter Bogard LLC leads this week's edition of Law360 Legal Lions, after the full Eleventh Circuit overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms just weeks away and could impact companies in various sectors. In the meantime, one BigLaw firm formed a board to oversee the use of artificial intelligence and evaluate proposals from its practice groups and sectors. These are some of the stories in corporate legal news you may have missed in the past week.

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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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