Feature

4 Argument Sessions For Benefits Attys To Watch In Nov.

By Kellie Mejdrich

JPMorgan Chase & Co. will defend its win in a 401(k) forfeiture suit at the Ninth Circuit, Aetna will ask the Second Circuit to push a multiemployer health plan's suit into arbitration, and the Tenth Circuit hears from pharmacy benefit managers who want an opioid nuisance battle moved to federal court. Here, Law360 looks at four arguments that benefits attorneys may want to keep an eye on in November.

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Nationwide Agrees To $12.9M Deal Over 401(k) Fund Fees

By Bonnie Eslinger

Nationwide Mutual Insurance Co. has agreed to pay an 83,000-member class $12.9 million to end claims the company mismanaged an employee 401(k) plan, ending six years of litigation less than two weeks before trial.

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$19M Pact Brings Recovery In Teachers' Pension Suit To $35M

By Grace Elletson

Investment companies Aon and Aksia have agreed to pay $19.3 million in a suit claiming they helped cause a multibillion-dollar shortfall in Pennsylvania's Public School Employees Retirement System, according to a federal court filing.

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Mass. Justices Doubt Nantucket's Rationale For PFML Denial

By Julie Manganis

Massachusetts' highest court appeared to push back Wednesday on assertions by Nantucket that it cannot implement the state's Paid Family and Medical Leave Act for employees of the island enclave, despite a town meeting vote, because some of its unions have not agreed to bargain over the cost.

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Ex-NCR Execs' Attys Get $16M As $48M Deal Finalized

By Patrick Hoff

A Georgia federal judge on Wednesday awarded nearly $16 million in attorney fees and granted final approval to a $48 million settlement that ends a decade-old class action alleging NCR Corp. broke its promise to send former executives annuity payments for life after retirement.

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Turner Sports, Ex-HR Director Reach Deal In Severance Suit

By David Aaro

A one-time Warner Bros. subsidiary has struck a deal to end a race bias suit from a former human resources director who claimed she was denied severance benefits after she quit following Discovery Inc. and WarnerMedia's 2022 merger, according to a Georgia federal court filing.

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Meta Share Plan Fight Gets January Injunction Hearing

By Jarek Rutz

The Delaware Chancery Court ruled Wednesday that stockholders challenging Meta Platforms Inc.'s plan to create nonvoting shares will get a preliminary injunction hearing in early January, rejecting the company's push for a full trial before the transaction takes effect Jan. 19, 2027.

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Colo. Co. Accused Of Misusing $400K Loan For HHS Deal

By Rachel Konieczny

A Colorado public benefit corporation breached a loan agreement by failing to use the $400,000 loan for its intended purpose and instead diverting the loan to settle a nearly $600,000 civil penalty with a federal government agency, according to a lender's lawsuit in Colorado state court.

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What Axing ERISA Exhaustion Rule Means For Plan Sponsors

The Eleventh Circuit’s recent reversal of a 40-year precedent requiring plaintiffs to exhaust administrative remedies before filing statutory Employee Retirement Income Security Act claims eliminates a common threshold defense in fiduciary breach suits, making it important for plan sponsors to reassess their internal review and litigation strategies, say attorneys at Nelson Mullins.

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Opinion

The Invisible AI Danger That May Undermine Legal Profession

A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

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Gibson Dunn Set To Bring On 120 Lawyers From Weil

By Daniel Moritz-Rabson and Marialuisa Taddia

Gibson Dunn is set to hire the U.S. and London-based private funds teams from Weil Gotshal & Manges LLP, bringing on 120 attorneys in the largest group move reported since Weil's management committee recommended last week that the firm wind down operations.

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Analysis

Midterm Dem Wins To Scramble Lit Funding Legislative Efforts

By Ryan Boysen

Litigation funders can rest easy, for now, and the U.S. Chamber of Commerce will need to rethink its approach after last night's midterm elections saw Democrats rout Republicans, scrambling a yearslong effort for federal regulation of litigation finance that's so far relied on Republicans.

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State AG Race Wins Set To Give Dems Control Of Most Offices

By Madison Arnold

Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

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Goldstein Ordered To Pay Trimmed $1M Forfeiture

By Nadia Dreid

Former SCOTUSblog publisher Tom Goldstein was hit with a $1 million forfeiture order Wednesday by a Maryland federal judge in the wake of his tax and mortgage fraud trial, where the appellate advocate was convicted on a dozen charges.

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Analysis

Attys Ensure Voters' 'Right To Be Heard' In Midterm Elections

By James Boyle and Lynn LaRowe

From BigLaw attorneys and solo practitioners to university professors, thousands of attorney volunteers turned out for Tuesday's midterm elections to ensure American voters' ballots would be counted.

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DOJ Says Epshteyn Will Answer ABA Service Motion

By Jared Foretek

Trump advisor Boris Epshteyn will answer for himself why he has allegedly been evading subpoenas in the American Bar Association's legal challenge to the administration's law firm targeting campaign, the U.S. Department of Justice said on Wednesday.

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Holland & Hart Cost Ex-Client $23M Stake In Co., Suit Says

By Zach Dupont

Holland & Hart LLP and two of its attorneys were accused of malpractice in Colorado state court Tuesday by a former client who claims the attorneys failed to inform her that a wealth transfer plan with her then-husband left her iced out of the couple's most valuable asset.

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DOJ Accused Of Unlawfully Ending Crime Victim Agreement

By Tom Lotshaw

The National Crime Victim Law Institute has accused the U.S. Department of Justice in the U.S. Court of Federal Claims of unlawfully terminating a $500,000 cooperative agreement aimed at strengthening legal support for disabled crime victims in the wake of an executive order against diversity, equity and inclusion programs.

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Former DOJ Officials See Mixed Results In Midterm Races

By Chris Villani

The 2026 midterm elections included bids for office by several former U.S. Department of Justice officials and nominees for the federal bench, with one race a dead heat and several others decided as of early Wednesday.

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