The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.
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THURSDAY, AUGUST 13, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Full 5th Circ. Invalidates Part Of No Surprises Act Rules

By Kellie Mejdrich

The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

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Brief

DC Physician Group Settles ERISA Plan Mismanagement Suit

By Grace Elletson

A George Washington University-affiliated physician group has agreed to settle a suit claiming it allowed its $345 million retirement plan to be bogged down by underperforming and pricey investment funds, according to a filing Tuesday in D.C. federal court.

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9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

By Grace Elletson

The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

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POLICY & REGULATION

Brief

DOL Association Health Plan Regs Near Finish Line

By Patrick Hoff

The U.S. Department of Labor is a step closer to expanding the definition of "employer" under federal benefits law and allowing businesses to band together to offer health plans that skirt certain Affordable Care Act requirements, after proposed regulations were sent to the White House for review.

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CMS Ends Medicaid Funds For Youth Transgender Care

By Mark Payne

Medicaid will no longer cover the cost of some gender-affirming care for minors, including gender reassignment surgery and hormone treatments, the Centers for Medicare and Medicaid Services announced after issuing a final rule set to take effect this year. 

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LITIGATION

Auto Supplier Fired Worker Over FMLA Leave, Suit Says

By Benjamin Morse

An international automotive supplier fired a lab technician for taking leave to care for her mother and shorted hourly workers for off-the-clock work, according to a proposed collective action filed in Michigan federal court.

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LEGAL INDUSTRY

Are your summer associates prepared for a legal career?

How does your firm shape the summer associate experience and mentor new talent? Invite your summer associates to share their perspectives in this year’s Law360 Pulse Summer Associates Survey.

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Trial Firm Reid Collins To Award 3rd Set Of Associate Bonuses

By Jake Maher

Texas-based trial boutique Reid Collins & Tsai LLP is planning to dole out a third round of bonuses for the year to associates, raising their total bonus pay to between $130,000 and $170,000 on the year so far, with another round expected later in 2026.

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Aperture Expands Litigation Finance Platform To $1B

By Ryan Boysen

Alternative asset manager Aperture Investors is expanding its litigation finance platform to $1 billion in total investment capacity, mostly deployed as direct loans to plaintiffs firms.

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Deal Reached In Class Action Over Botched Calif. Bar Exam

By Emily Sawicki

A settlement has been reached in a proposed nationwide class action brought by bar applicants against the proctor of the botched February 2025 California bar exam, one month after the California State Bar settled its claims against the proctor.

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Law Grad Says Hofstra Ignored Heart Attack Mid-Bar Exam

By Andrea Keckley

A Fordham University School of Law graduate accused Hofstra University in New York state court of failing to intervene in time when she had a heart attack in the middle of the July 2025 Bar Exam, refusing to stop the test and discouraging her peers from rendering aid.

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$190K Or $1.9M? Goldstein, DOJ 'At Impasse' Over Forfeiture

By Jeff Overley

Tom Goldstein and the U.S. Department of Justice aired dramatically divergent views Wednesday of a looming financial penalty for his fraud convictions, with the famed appellate advocate voicing constitutional objections to the DOJ's request for almost $2 million and revealing that prosecutors spurned a far smaller offer.

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Analysis

DOJ Settlements Perceived As Flouting Litigation Norms

By Britain Eakin

A trend of settlements between the Trump administration and friendly parties in fast-track lawsuits to pursue policy changes has legal experts concerned about the endurance of a longstanding norm that federal courts can only hear genuine disputes between opposing parties.

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BakerHostetler Faces Possible RICO Claim From Ex-Client

By Emily Johnson

A trustee who has accused BakerHostetler and an Atlanta-based attorney of legal malpractice has asked a Georgia federal court to allow him to accuse the former de facto general counsel and business adviser of a nonprofit of violating the Georgia RICO Act.

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Q&A

She Has A Point: Shutts & Bowen's Jodi-Ann Tillman

By Dani Kass

Jodi-Ann Tillman of Shutts & Bowen LLP was brought into patent infringement litigation over drum technology just months before trial, and her performance earned high praise from opposing counsel, Foley & Lardner LLP partner Laura Ganoza.

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Trent McCotter Follows Blanche As DOJ's 2nd-In-Command

By Courtney Bublé

Following confirmation of Todd Blanche as attorney general, U.S. Department of Justice official Trent McCotter is taking his former post as deputy attorney general on a temporary basis.

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Trump, DOJ Say Firing Seattle US Atty Was Within Their Rights

By Emily Sawicki

The White House and the U.S. Department of Justice are fighting a demand for immediate reinstatement brought by Seattle's former top federal prosecutor, who was fired within an hour of a court appointing him to the role, arguing his due process rights were not violated.

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LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Alston & Bird

Axinn

Baker & Hostetler

Boyden Gray

Cooley LLP

Esbrook PC

Foley & Lardner

HKM Employment Attorneys

Handley Farah

Linley Jones Firm

Milbank LLP

Munger Tolles

Novak Druce

Otterbourg PC

Polsinelli PC

Potomac Law Group

Reid Collins

Sauder Schelkopf

Shutts & Bowen

Sidley Austin

Sirianni Youtz

Susman Godfrey

Tycko & Zavareei

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Affordable Care LLC

Air Methods Corp.

Aperture Investors LLC

Assicurazioni Generali

Center for Biological Diversity Inc.

Democracy Forward Foundation

Fordham University

Gay & Lesbian Advocates & Defenders

George Washington University

Johnson & Johnson

New York State Bar Association

Reddit Inc.

State Bar of California

Texas Medical Association

The Catholic University of America

The Cigna Group

U.S. Chamber of Commerce

WSP Global Inc.

WSP Holdings Ltd.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Employee Benefits Security Administration

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Fish and Wildlife Service

Internal Revenue Service

New York Supreme Court, New York County

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

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

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 California

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

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

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

U.S. Environmental Protection Agency

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington