As the use of artificial intelligence in the employee benefits space grows, experts warn that companies need to be vigilant to guard against mishaps caused by the emerging technology. Here, Law360 looks at three areas where benefits attorneys say AI can cause legal headaches.
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TUESDAY, NOVEMBER 3, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

3 Ways Burgeoning AI Use Can Trip Up Benefits Providers

By Kellie Mejdrich

As the use of artificial intelligence in the employee benefits space grows, experts warn that companies need to be vigilant to guard against mishaps caused by the emerging technology. Here, Law360 looks at three areas where benefits attorneys say AI can cause legal headaches.

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4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

By Kellie Mejdrich

The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

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Cigna Patients Seek Hefty Class In Cigna Auto Denials Suit

By Patrick Hoff

A group of Cigna plan beneficiaries on Friday sought approval for a class of 3 million members in its lawsuit alleging the insurer unlawfully used an automated tool to deny their medical claims, telling a California federal court that a class action is the only realistic way to handle the case.

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Law360 MVP Awards Go To Top Attorneys From 89 Firms

The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

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EXECUTIVE COMPENSATION

Pa. Justices Nix Damages For CEO Who Was Paid Late

By P.J. D'Annunzio

The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

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LITIGATION

Pension Plan Says Denver Health Is Delaying $2M In Payments

By Rachel Konieczny

A Denver medical network reneged on its contract with a government retirement plan and is delaying paying the plan more than $2 million by incorrectly calculating its operating income, according to the plan's lawsuit filed in Colorado state court.

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Botox Exempt From Medicare Price Talks, Judge Rules

By Gianna Ferrarin

The Centers for Medicare & Medicaid Services can't subject AbbVie's Botox to Medicare price negotiations under the Inflation Reduction Act, a D.C. federal judge held, finding CMS misinterpreted an IRA exclusion concerning biological products derived from human plasma.

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EXPERT ANALYSIS

Defending Hospital Antisteering Clauses From DOJ Scrutiny

The Trump administration has recently made clear that pursuing antitrust challenges to antisteering provisions in hospital-insurer contracts is a priority — but a review of similar cases against hospital systems and important precedent from the U.S. Supreme Court illuminates some potential defenses in such cases, says Derek Moore at Rule Garza.

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How AI Could Help Judges Spot Their Own Biases

In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

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LEGAL INDUSTRY

BigLaw Attys Step Up To Help Voters In Midterm Elections

By Jack Karp and Lynn LaRowe

Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

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Brief

Winston Taylor, DLA Piper Match Milbank Pay Scale

By Tracey Read

Two more BigLaw firms have opted to match the new associate salary scale set by Milbank LLP in June.

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Analysis

Judiciary Stuck In AI Rulemaking Rut As Attys, Judges Protest

By Jeff Overley

Judiciary efforts to enact rules for the artificial intelligence age are mired in concerns about burdens on litigators, the tensions between burgeoning technology and snail-paced policymaking, and how to even define AI. And despite vivid examples of AI's risks, officials are inching toward mothballing the prominent project.

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Judge Orders Chicago US Atty To Testify In Misconduct Probe

By Celeste Bott

An Illinois federal judge has ordered Chicago's top federal prosecutor and three assistant U.S. attorneys to testify under oath about potentially false statements made to her in a now-dismissed criminal conspiracy case against anti-ICE protesters, saying Monday that the government's shifting explanations about communications with DOJ leadership suggest prosecutors misled the court about outside involvement in the prosecution.

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NY State Bar Says Attys Can't Bill Time Saved By AI

By Andrea Keckley

The New York State Bar Association has told lawyers not to bill clients for the time they saved by using artificial intelligence, or for the time it took to learn a new AI tool.

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Interview

SEC's Top Cop On Building A 'Nimble' Enforcement Division

By Jessica Corso

The U.S. Securities and Exchange Commission has lost hundreds of enforcement employees and seen significant restructuring of its regional offices over the past two years, but the Division of Enforcement's director said that hasn't stopped him from building a "nimble" program that is focused on more than just the number of cases filed.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

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Monthly Merger Review Snapshot

By Matthew Perlman

The Federal Trade Commission caused a pair of playground equipment makers to abandon their planned merger, Canadian enforcers upended a deal for the Green Giant brand in the country and state attorneys general reached settlements for several regional deals.

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Dark blue promo that reads 2026 MVPs Dark blue promo that reads 2026 Regional Powerhouses

LAW FIRMS IN TODAY'S NEWS

Agnifilo Intrater

Akerman LLP

Akin Gump

Anderson Kill

Antheil Maslow

Baker & Hostetler

Baron & Budd

Bass Berry

Beck Redden

Bernstein Litowitz

Beveridge & Diamond

Blank Rome

Boies Schiller

Bracewell LLP

Bradley Arant

Cahill Gordon

Cheronis & Parente

Clarkson Law Firm PC

Cleary Gottlieb

Cohen & Buckmann

Cohen Milstein

Cohen Ziffer

Cooley LLP

Cotsirilos Poulos

Covington & Burling

Cravath Swaine

DLA Piper

Davis Polk

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Duane Morris

Dudensing Law

Dunn Isaacson Rhee

Fox Rothschild

Freshfields

Gibson Dunn

Goodwin Procter

Greenberg Traurig

Gupta Wessler

HSF Kramer

Hagens Berman

Hogan Lovells

Holland & Knight

Hueston Hennigan

Irell & Manella

Jackson Lewis PC

Jenner & Block

Jones Day

Kaplan Martin

Kasowitz LLP

Keller Rohrback

Kelley Drye

King & Spalding

Kirkland & Ellis

Knobbe Martens

Labaton Keller

Latham & Watkins

Lockridge Grindal

Mandelbaum Barrett

Mayer Brown

McDermott Will & Schulte

McGuireWoods

Milbank LLP

Morgan Lewis

Morrison & Foerster

Munger Tolles

Nachmias Morris

Niemeyer Grebel

Nossaman LLP

Orrick Herrington

Panish Shea

Paul Hastings

Paul Weiss

Peter Law Group

Pillsbury Winthrop

Proskauer Rose

Quinn Emanuel

Reed Smith

Ropes & Gray

Rothwell Figg

Ruggeri Parks

Rule Garza

Seward & Kissel

Seyfarth Shaw

Shegerian & Associates

Sheppard Mullin

Sidley Austin

Simpson Thacher & Bartlett

Skadden Arps

Steptoe LLP

Stris & Maher

Sullivan & Cromwell

Susman Godfrey

Taft Stettinius

TorHoerman Law

Troutman

Wachtell Lipton

Weil Gotshal

Wiley Rein

Williams & Connolly

Willkie Farr

WilmerHale

Winston Taylor

deRubertis Law Firm

COMPANIES IN TODAY'S NEWS

ABA Journal

ABP Corp.

ACV Auctions Inc.

AbbVie Inc.

Above the Law

American Bar Association

American Express Co.

Arcosa Inc.

Arxada

Ascension Health Inc.

B&G Foods Inc.

Burke Inc.

Chevron Corp.

Cintas Corp.

Cogentrix Energy Power Management LLC

Colas Inc.

Copart Inc.

Delivery Hero

Employee Benefit Research Institute

Flex Ltd.

Fordham University

Fort Point Capital

Genworth Financial Inc.

Google LLC

LCI Industries

Lantheus Holdings Inc.

LiveRamp

Macquarie Group Ltd.

MarketAxess Holdings, Inc.

McCormick & Co. Inc.

Meta Platforms Inc.

MiMedx Group Inc.

Microsoft Corp.

Monomoy Capital Partners

NCB Management Services Inc.

National Rural Electric Cooperative Association

New York State Bar Association

Nielsen Holdings PLC

OhioHealth Corp.

OpenAI OpCo LLC

Pacira BioSciences Inc.

Passport Labs Inc.

Patrick Industries Inc.

Publicis Groupe SA

R1 RCM Inc.

Sanara MedTech Inc.

Sappi Limited

Skydance Media LLC

State Bar of Michigan

Technology One Ltd.

Tegna Inc.

Teleflex Inc.

Tempus AI

Teva Pharmaceutical Industries Ltd.

Texas Civil Rights Project

The Cigna Group

The DIRECTV Group Inc.

The Lawyers' Committee for Civil Rights Under Law

The New York Times Co.

TowerBrook Capital Partners LP

UPM-Kymmene

Unilever PLC

UnitedHealth Group Inc.

Verisk Analytics Inc.

Viatris Inc.

Vistra Corp.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Centers for Medicare & Medicaid Services

Competition and Markets Authority

Delaware Court of Chancery

European Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Judicial Conference of the United States

National Institute of Standards and Technology

New York Attorney General's Office

Pennsylvania Supreme Court

The Netherlands Authority for Consumers and Markets

U.S. Attorney's Office

U.S. Attorney's Office for the Northern District of Illinois

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the District of Columbia

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

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

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

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

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

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

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio