The Ninth Circuit appeared reluctant Wednesday to revive a suit alleging that HP Inc. violated federal benefits law by using forfeited 401(k) funds to defray employer-side contribution obligations, with judges questioning whether plan participants backed up allegations that the tech company hadn't been sufficiently loyal or prudent.
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TOP NEWS

9th Circ. Tough On HP 401(k) Forfeiture Suit Revival Bid

By Kellie Mejdrich

The Ninth Circuit appeared reluctant Wednesday to revive a suit alleging that HP Inc. violated federal benefits law by using forfeited 401(k) funds to defray employer-side contribution obligations, with judges questioning whether plan participants backed up allegations that the tech company hadn't been sufficiently loyal or prudent.

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NY Hospital Strikes Deal In Suit Over Retirement Plan Lineup

By Patrick Hoff

A Long Island hospital agreed to settle a proposed class action alleging it cost workers millions of dollars in savings by loading its employee retirement plan with costly and underperforming investment options, according to a filing in New York federal court Wednesday.

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Life Insurance Co. Escapes Suit Over 401(k) Fund

By Patrick Hoff

A life insurance company defeated a proposed class action alleging it failed to remove an underperforming fund from its $2 billion 401(k) plan, with a New Jersey federal judge concluding the suit didn't provide valid comparisons to better-performing funds.

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OpenAI Says ChatGPT Misuse Is Users' Responsibility

By Emily Sawicki

OpenAI has asked a federal judge in Chicago to end an insurance company's suit alleging it practices law without a license, arguing the complaint should be directed toward individuals who misuse the company's ChatGPT bot to file faulty motions, and not the generative AI platform itself.

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ENFORCEMENT & COMPLIANCE

FTC 'Close' To Final PBM Insulin Price Deal With OptumRx

By Bryan Koenig

Federal Trade Commission staffers have signaled that they're near a settlement with UnitedHealth Group Inc.'s OptumRx that would close out the agency's in-house case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes.

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LITIGATION

Former Judge, NJ Judiciary Settle Pension Denial Fight

By George Woolston

A former New Jersey judge and the state judiciary have reached a settlement in her suit over the denial of her disability pension, according to a letter filed in state court.

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Anthem Affiliates Can't Duck Suit Over Colo. Claims

By Zach Dupont

A mental health and substance use disorder treatment provider told a Colorado judge that affiliates of Anthem Blue Cross and Blue Shield can't get an early escape from its lawsuit accusing the affiliates of underpaying claims from some of its patients, according to a brief filed in federal court.

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Brief

Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

By P.J. D'Annunzio

Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

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Refusing Sandoz Parent Dismissal 'Clear Error,' Court Told

By Bryan Koenig

Sandoz's Swiss parent company wants a Pennsylvania federal judge to rethink her decision forcing it to face generic drug price-fixing claims from major employers like General Motors, arguing the court "conflates" Novartis AG with Sandoz AG, which was spun off in 2023.

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NC Co. Filed Veterans' Disability Claims Without Accreditation

By Hayley Fowler

A North Carolina business violated federal law by preparing veterans' disability claims for a fee without proper accreditation, a federal judge ruled Wednesday, handing a limited victory to a class of veterans by rejecting the company's claim that it acted merely as a consultant.

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EXPERT ANALYSIS

Series

Law School's Missed Lesson: Diagnose Before Arguing

Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

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LEGAL INDUSTRY

2nd Circ. Pick Questioned At Hearing On Role As Trump Lawyer

By Courtney Bublé

Matthew Schwartz, a nominee for the Second Circuit, was questioned by Democratic senators Wednesday about whether his current job as the president's personal attorney while his nomination process is underway poses a conflict of interest.

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Bad AI Citation Sanction Slashed Amid 7th Circ. Guidance

By Hailey Konnath

An Indiana federal judge Wednesday rejected a magistrate judge's recommendation that an attorney be sanctioned $7,500 for including faulty, artificial intelligence-generated legal citations in a discovery brief, pointing to recent Seventh Circuit guidance and sanctioning him $2,000 instead.

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2 Fla. County Courts Requiring AI Disclosure In Court Filings

By Sarah Martinson

Two Florida circuit courts in Miami-Dade and Broward counties are requiring attorneys and self-represented litigants to disclose when they use generative text tools to prepare their court filings and to certify they checked the generated content for accuracy.

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Hagens Berman Says Apple Smear Job Can't Stop Withdrawal

By Bonnie Eslinger

Hagens Berman Sobol Shapiro LLP urged a California federal judge to allow one of its named plaintiffs to withdraw from an Apple iCloud antitrust case, saying Apple Inc.'s filed opposition is rife with "misdirection and ad hominem" attacks and not about the merits of the dispute but "smearing opposing counsel."

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Atty Withdrawals Not Limited To Fee Conflicts, ABA Says

By Emily Sawicki

Lawyers whose clients fail to hold up their end of valid engagement agreements are clear to cease their representation, so long as certain criteria are met, according to the American Bar Association's ethics committee's latest guidance, published Wednesday.

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Comey Wants Arraignment Pushed For Dismissal Bid

By Phillip Bantz

Former FBI Director James Comey asked a North Carolina federal court Wednesday to postpone his arraignment on charges alleging he threatened President Donald Trump, telling a judge that he is preparing to seek to have the case thrown out on constitutional grounds.

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Mich. Supreme Court Mulls Remote Court Access Rules

By Susan Smiley

The Michigan Supreme Court held administrative hearings on Wednesday concerning several proposed amendments to Michigan court rules, including adding more specific guidelines for remote hearings, making language services free for civil cases, and allowing law students and recent law graduates to appear on behalf of indigent people in all Michigan courts.

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Promo that reads Law360 Pulse 2026 AI Survey

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Ashbrook Byrne

Bailey Duquette

Ballard Spahr

Bartlit Beck

Berger Montague

Brown & Connery

Capozzi Adler PC

Curtis Mallet-Prevost

Dechert LLP

Gibson Dunn

Greenberg Traurig

Hagens Berman

K&L Gates

Kang Haggerty

Kasowitz LLP

Kelley Drye

Kilpatrick Townsend

Kobre & Kim

Latham & Watkins

Mayer Brown

Morgan Lewis

Nelson Mullins

Paul Weiss

Pomerantz LLP

Proskauer Rose

Rule Garza

Sarah J. Baker PC

Sidley Austin

Sullivan & Cromwell

Troutman

Varnell & Warwick

Wiggin & Dana

Williams & Connolly

WilmerHale

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Allergan PLC

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

Apple Inc.

Aramark

CVS Health Corp.

Drexel University

Epic Games Inc.

Equitable Holdings Inc.

Evernorth Health Services

Express Scripts Holding Co.

Google LLC

HP Inc.

Hewlett Packard Enterprise Co.

Lowe's Cos. Inc.

Lumen Technologies Inc.

Medco Health Solutions Inc.

Meta Platforms Inc.

Michigan Immigrant Rights Center

NYU Langone Medical Center

New York University

Nippon Life Insurance Company of America

Novartis AG

OpenAI OpCo LLC

Optum Inc.

Otis Worldwide Corp.

Planned Parenthood Federation of America Inc.

RTX Corp.

Reeds Inc.

Sandoz International GmbH

Target Corp.

The Cigna Group

The Florida Bar

UnitedHealth Group Inc.

Walmart Inc.

Zinc Health Services LLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Bureau of Investigation

Federal Election Commission

Federal Trade Commission

Michigan Supreme Court

Pennsylvania Attorney General's Office

Pennsylvania Department of Human Services

Pennsylvania Supreme Court

U.S. Attorney's Office for the Eastern District of North Carolina

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Veterans Affairs

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of North Carolina

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

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

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

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of the Virgin Islands

United States District Court for the Southern District of Indiana