The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.
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TOP NEWS

5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated

By Hailey Konnath

The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.

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Fresenius Can't Knock Out 401(k) Forfeiture Suit

By Grace Elletson

A Massachusetts federal judge narrowed but declined to dismiss a suit claiming dialysis company Fresenius violated federal benefits law by using forfeited 401(k) funds to pay for match contributions instead of plan fees, ruling the workers behind the suit adequately explained that the move may have flouted their interests.

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Tech Co. Ex-Workers Must Arbitrate Expenses Fight

By Irene Spezzamonte

Two opt-in workers signed arbitration agreements with a customer experience technology company, and thus their expense claims cannot remain in court, a Colorado federal judge ruled, administratively closing the case.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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PEOPLE

O'Melveny Gains Baker McKenzie Tax, Benefits Atty In Calif.

By James Mills

O'Melveny & Myers LLP is expanding its tax and benefits team, bringing in a Baker McKenzie executive compensation expert as a partner in its Silicon Valley office.

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EXPERT ANALYSIS

What's At Stake In Possible Circuit Split On Medicaid Rule

A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

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Malpractice Claim Assignability Continues To Divide Courts

Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

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LEGAL INDUSTRY

Analysis

Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

By Britain Eakin

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.

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Fla. US Attys Push Back Against Sanctions In Habeas Case

By Rae Ann Varona

The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."

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Ex-McDermott Atty Fights 'Harassing' Subpoena In Bias Suit

By Grace Elletson

A Black attorney accusing McDermott Will & Schulte LLP of firing her for calling out racial bias has urged an Illinois federal court to reject the firm's bid to get employment records from her previous employer, Katten Muchin Rosenman LLP, saying the request serves no other purpose than to harass her.

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Kirkland Joins Growing Number Of Firms Launching In Tenn.

By Andrea Keckley

Kirkland & Ellis is joining a long line of firms setting their sights on Tennessee, announcing Tuesday that it would set up shop in Nashville with a team of former Butler & Snow LLP and King & Spalding LLP litigators.

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Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'

By Bryan Koenig

Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."

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Tom Goldstein To Testify At Tax Trial Wednesday

By Jared Foretek

SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.

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Senate Confirms Burrows As DOJ Policy Chief

By Courtney Bublé

The U.S. Senate voted 52-46 on Tuesday to confirm Daniel Burrows, a White House official and former chief deputy attorney general of Kansas, to lead the U.S. Department of Justice's Office of Legal Policy.

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Lewis Brisbois, Ex-Paralegal Bring Dueling Suits Over Firing

By Adrian Cruz

Days after being sued to compel her to arbitrate her claims against the firm, a former Lewis Brisbois Bisgaard & Smith LLP paralegal hit her ex-employer with a defamation suit claiming its actions tarnished her reputation and cost her a job at another firm.

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DOJ Pushes To Revive Comey, James Indictments

By Emily Sawicki

Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Arroyo Law Firm

Baker McKenzie

Barnes & Thornburg

Brown & Rosen

Butler Snow LLP

Carmichael Ellis

Coffield PLC

Cooley LLP

Covington & Burling

Dykema

Engstrom Lee

Foley & Lardner

Hecht Solberg

Husch Blackwell

K&L Gates

Katten Muchin

King & Spalding

Kirkland & Ellis

Lash Goldberg

Latham & Watkins

Lewis Brisbois

Lowell & Associates

McDermott Will & Schulte

Morgan Lewis

Munger Tolles

Napoli Shkolnik

O'Melveny & Myers

Perkins Coie

Sherin & Lodgen

Simpson Thacher & Bartlett LLP

Skadden Arps

Stris & Maher

Walcheske & Luzi

Wigdor LLP

Wilkinson Stekloff

Williams & Connolly

Winstead PC

COMPANIES IN TODAY'S NEWS

Advance Colorado

Allianz SE

Amazon.com Inc.

American Immigration Lawyers Association

Boston College

Comerica Inc.

FTI Consulting Inc.

Fresenius Medical Care AG & Co. KGAA

Fresenius SE & Co. KGaA

Miramax Film Corp.

Otis Worldwide Corp.

Paramount Global

Paypal Holdings Inc.

TTEC Holdings Inc.

beIN Media Group

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Federal Bureau of Investigation

Federal Trade Commission

Florida Agency for Health Care Administration

Idaho Supreme Court

Internal Revenue Service

Kansas Attorney General's Office

Massachusetts Supreme Judicial Court

New York Attorney General's Office

Superior Court of Massachusetts

Supreme Court of Nevada

U.S. Army

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Middle District of Florida

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado