9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

By Kellie Mejdrich

A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

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O'Reilly Auto Parts Can't Dodge Tobacco Surcharge Suit

By Patrick Hoff

O'Reilly Automotive Inc. must face a former employee's lawsuit alleging he was unlawfully charged hundreds of dollars more per year for health insurance because he used tobacco, with a Missouri federal judge ruling Thursday that his claims were detailed enough to stay in court.

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Judge Keeps New Medicaid 'Frailty' Proof Rule In Place

By Julie Manganis

A Massachusetts federal judge late Wednesday declined to block the government from requiring medically frail Medicaid recipients to prove they are significantly impaired to avoid a new requirement that they engage in 80 hours of work or volunteering per month or attend school part-time.

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4th Circ. Urged To Keep Trump Trans Health Orders Blocked

By Gianna Ferrarin

A group of transgender individuals and advocacy groups urged the Fourth Circuit to uphold a nationwide injunction they won against Trump administration executive orders banning federal funding of gender-affirming care for individuals under the age of 19.

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Hayward Investor Atty Fees Bid Cut To $5M By Judge

By Katryna Perera

A New Jersey federal judge has cut roughly $1.5 million from a requested fee for attorneys who negotiated a $20 million settlement between pool equipment maker Hayward Holdings Inc. and its investors, finding that the firm did not provide enough information to back up the reasonableness of its requested fee.

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Opinion

States Should Reconsider Forced PBM Divestiture Laws

State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

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Series

Teaching SEC Investigations Makes Me A Better Lawyer

Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

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Advocacy Group Says Law Firm Fellowship Program Biased

By Patrick Hoff

A legal advocacy group said Thursday it had lodged U.S. Equal Employment Opportunity Commission charges against a nonprofit and law firms including Jones Day, White & Case and Morgan Lewis, claiming Muslim and Middle Eastern students were getting unlawful preference in a fellowship program.

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ABA Eyes Nixing School DEI Standards To Sway Trump Admin

By Emma Cueto

The American Bar Association is poised next week to eliminate the first of multiple diversity-related law school standards, a controversial move that it hopes will allow it to remain an accreditor despite an uncertain outcome in the face of a Trump administration increasingly wary of the association's role in legal education.

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WilmerHale Sued Over Accidental Client Data Disclosure

By Andrea Keckley

A proposed federal class action filed Wednesday accuses WilmerHale of failing to protect clients' personal information after an employee allegedly disclosed sensitive data, including Social Security numbers, to an unauthorized person who misrepresented their identity back in May.

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2 Traders Admit Guilt In Stolen BigLaw Info Scheme

By Chris Villani

Two men pled guilty Thursday in Massachusetts federal court to their roles in a sweeping scheme to trade on inside information stolen from huge corporate law firms about upcoming deals.

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Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

By Adrian Cruz

A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.

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Trump May Renominate Blanche If GOP Holdouts Block Vote

By Courtney Bublé

With Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., still on the fence about acting Attorney General Todd Blanche's confirmation to be attorney general, President Donald Trump said Thursday he might renominate Blanche next year when the two senators are no longer serving in the Senate.

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DA Says Trump's NY Hush Money Conviction Must Stand

By Frank G. Runyeon

New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

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Judiciary's Bid To Control Courthouses Gets Senate Push

By Courtney Bublé

A bipartisan group of senators introduced a bill on Thursday that would create a pilot program for the federal judiciary to obtain direct authority to maintain its buildings, which the judiciary says is desperately needed.

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Bronx Legal Aid Organization's Union Rejects New Pay Offer

By Andrea Keckley

The Bronx Defenders' executive director said on Thursday that the union representing the organization's over 300 attorneys and staff has rejected an updated offer on wages, with both sides still at odds over the prospect of separate salary scales for lawyers and social workers.

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