The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.
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Justices Seem To Support End To Intel 401(k) Fund Suit

By Kellie Mejdrich

The U.S. Supreme Court appeared likely Tuesday to affirm a Ninth Circuit decision ending a federal benefits dispute against Intel Corp. from ex-workers who alleged that underperforming 401(k) funds breached fiduciary duties, as multiple justices indicated support for requiring that claims predicated on underperformance include meaningful comparisons.

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Texas Senior Care Facility Ends DOJ Military Bias Suit

By Patrick Hoff

A Texas memory care facility agreed to settle a lawsuit alleging it fired an employee after trying to demote her for taking military leave, the U.S. Department of Justice said.

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Health System Beats Suit Over Retirement Benefit Shortfall

By Grace Elletson

An Ohio federal judge tossed a suit from a retiree who claimed a hospital system stiffed him on $40,000 in retirement benefits by failing to warn him that an upcoming interest rate spike would reduce his lump sum payout, ruling his claims aren't viable under federal benefits law.

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Wells Fargo Hit With Target-Date 401(k) Fund, Fee Suit

By Kellie Mejdrich

Workers hit banking giant Wells Fargo with a proposed class action in Minnesota federal court alleging that underperforming and costly funds in their 401(k) plan breached fiduciary duties of prudence under federal benefits law, causing at least $1 billion in losses.

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LITIGATION

7th Circ. Told Boeing Investors Fail 'Comcast' Cert. Test

By Jessica Corso

The U.S. Chamber of Commerce is among those backing Boeing's call to the Seventh Circuit to overturn class certification in a case accusing the aerospace firm of misleading investors about the safety of its 737 Max fleet, arguing that the certification is dependent on a damages model that the U.S. Supreme Court and Fourth Circuit have rejected.

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Sprout Social Must Face Suit Over Troubled Acquisition

By Katryna Perera

An Illinois federal judge on Tuesday denied a bid from Sprout Social Inc. to dismiss a proposed investor class action alleging the social media management company missed its financial guidance and struggled to integrate an influencer marketing platform it acquired, finding the suit's challenged statements are actionable and that the claims suggest the defendants knowingly committed fraud. 

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AstraZeneca Takes Drug-Pricing Law Challenge To 4th Circ.

By Hailey Konnath

AstraZeneca on Monday asked the Fourth Circuit to resurrect its suit challenging how the Centers for Medicare & Medicaid Services determines which drugs are subject to the landmark drug-pricing program, arguing that CMS is dodging limits on how many drugs can be selected by grouping some together.

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Pension Funds Lead Securities Suit Over Zillow, Redfin Deal

By Isaac Monterose

A Washington federal judge has appointed two pension funds as lead plaintiffs in a proposed securities class action filed over an allegedly anticompetitive Zillow Group Inc. and Redfin Corp. deal and has also appointed Keller Rohrback LLP and Robbins Geller Rudman & Dowd LLP as local and lead counsel, respectively.

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NJ Judge Backs Denial Of Painting Co.'s $350K Fee Bid

By Katherine Smith

A New Jersey federal judge rejected a painting company's challenge to a magistrate judge's ruling that denied its bid for a union pension fund to cover roughly $350,000 in legal fees, finding that the magistrate judge applied the correct legal standard in his findings.

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Brief

CVS Can't Get Second Shot At Tossing Investors' AI Use Suit

By Jessica Corso

A New York federal judge on Tuesday declined to give CVS another opportunity to dismiss a lawsuit accusing it of inflating its revenues through the use of artificial intelligence. 

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LEGAL INDUSTRY

Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

By Courtney Bublé

A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

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3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

By Adrian Cruz

A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

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Cornell Hires Ex-Deputy AG Yates To Lead Internal Review

By Christine DeRosa

Following widespread public outrage over how a former student's rape allegations were handled, Cornell University has hired former deputy U.S. attorney general and King & Spalding LLP partner Sally Yates to lead an internal review of its policies and procedures.

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Judge Newman Gets Suspension Fight Moved To 11th Circ.

By Dani Kass

Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

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Texas Justices Leery Of Banning AI Deposition Transcripts

By Spencer Brewer

Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

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DOJ Says 12-Juror Rule Would Cause Unwarranted 'Upheaval'

By Brandon Lowrey

The U.S. Department of Justice on Tuesday urged the Supreme Court to uphold precedent allowing states to use juries of fewer than 12 people in serious criminal cases, saying overruling it could unsettle thousands of convictions and force many states to change their criminal procedure laws.

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Approach The Bench: Judge Panter On Mediating Vs. Judging

By Cara Bayles and Kelley Marcano

When attorneys come before retired Judge Michael Panter, a former circuit court judge in Cook County, Illinois, they sometimes forget that he is not there to decide their cases, but to resolve them.

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UVA Law Prof Takes On Role Of USPTO General Counsel

By Elliot Weld

The U.S. Patent and Trademark Office said University of Virginia School of Law professor John F. Duffy has joined the agency as its general counsel and acting solicitor.

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LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Bailey & Glasser

Bays Firm

Bernstein Litowitz

Bleichmar Fonti

Butler Snow LLP

Cohen Milstein

Corr Cronin

Covington & Burling

Gibson Dunn

Gupta Wessler

Kahn Swick

Keller Rohrback

Kessler Topaz

King & Spalding

Kirkland & Ellis

Lockridge Grindal

Peckar & Abramson

Proskauer Rose

Robbins Geller

Rosen Law Firm PA

Saxena White

Sidley Austin

Sullivan & Cromwell

The Barton Firm LLP

Thomas Williams McConnell

Tittle & Perlmuter

Tucker Arensberg

Tucker Ellis

Wachtell Lipton

Williams & Connolly

Willkie Farr

WilmerHale

Winston Taylor

Wright Close Barger & Guzman

COMPANIES IN TODAY'S NEWS

ADR Systems

Apple Inc.

AstraZeneca PLC

Bauer Inc.

CVS Health Corp.

Canon Inc.

Comcast Corp.

Cornell University

Ethiopian Airlines Enterprise

FirstEnergy Corp.

George Washington University

Government Accountability Project

Harvard University

Intel Corp.

Kubota Corporation

LinkedIn Corp.

National Women's Soccer League LLC

New Civil Liberties Alliance

Parker-Hannifin Corp.

Philo Inc.

SIFMA

Spotify Technology SA

The Boeing Co.

The Goldman Sachs Group Inc.

TikTok Inc.

U.S. Chamber of Commerce

United States Soccer Federation Inc.

University of Virginia

Wells Fargo & Co.

Zillow Group Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Federal Bureau of Investigation

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

New York Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office for the Western District of Texas

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Minnesota

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

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

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

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

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

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of Ohio