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Benefits
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July 23, 2025
NJ Comptroller Flags $34M Hole, Targets Lifeguard Pensions
The New Jersey Office of the State Comptroller recommended Wednesday that the state legislature scrap a law mandating a handful of shore towns provide pensions to lifeguards after it found some municipalities underfunded the plans and face deficits of more than $34 million.
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July 23, 2025
Abraham Watkins, Partners Move To Toss Atty's Firing Suit
A prominent Texas personal injury firm and three of its partners have moved to dismiss a wrongful termination suit brought by a former associate who says she was discriminated against for taking medical leave related to an eye condition.
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July 23, 2025
Lockheed Cleared To Seek 4th Circ. Review In Annuity Fight
A Maryland federal judge cleared Lockheed Martin to immediately appeal his decision declining to dismiss a suit claiming the company shirked federal benefits law by pushing $9 billion in pension funds into risky annuities, ruling the case's standing questions are fit for Fourth Circuit review.
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July 22, 2025
EQT Investors' $167.5M Deal To End Merger Suit Gets 1st OK
Investors in energy company EQT Corp. have gotten an initial green light for their $167.5 million settlement to end claims the company overstated the benefits of its $6.7 billion merger with Rice Energy, drawing what's purported to be the largest shareholder settlement in the Western District of Pennsylvania closer to a close.
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July 22, 2025
Ex-Bank Worker's 401(k) Suit Must Be Arbitrated, 5th Circ. Told
A Laredo, Texas-based bank told the Fifth Circuit Monday that a former worker should be forced to arbitrate a proposed class action claiming the company failed to prudently invest employee retirement funds, even though the provision was added after his employment ended.
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.Â
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July 22, 2025
Employers, Plans Force Freeze Of Iowa's PBM Law
A federal judge slapped a temporary hold on parts of an Iowa law that aims to limit pharmacy benefit managers' power to set drug prices, ruling that provisions barring discrimination against certain pharmacies and pushing cost-saving strategies are preempted by federal benefits law.
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July 22, 2025
House Panel Knocks EBSA Sharing Info With Workers' Attys
House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.
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July 22, 2025
Final OK Sought On Energy Co.'s $8.2M 401(k) Suit Deal
A class of employees who participated in a Pennsylvania energy company's retirement plan have asked a federal judge to give final approval to an $8.2 million settlement resolving claims that the employees' 401(k) plans were mismanaged.
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July 22, 2025
Old Dominion Inks $1.9M Deal To End 401(k) Fee Suit
Old Dominion Freight Line has pledged to pay $1.9 million to settle Employee Retirement Income Security Act litigation claiming the trucking company failed to keep its 401(k) plan's fees low, a group of workers requesting approval of the settlement told a North Carolina federal judge.
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July 21, 2025
Neogen Faces Investor Suit Over 3M Integration Challenges
Food and animal safety company Neogen Corp. and two of its executives face a proposed investor class action alleging they kept shareholders in the dark about integration struggles after a merger with a division of manufacturing giant 3M.
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July 21, 2025
Skechers Investor Loses Initial Bid To Block Take-Private Deal
A California federal judge has refused to preliminarily block private equity firm 3G Capital from taking footwear giant Skechers private for $9.4 billion, finding that a pension plan that owns Skechers shares failed to show it would be irreparably harmed without the injunction.
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July 21, 2025
Cigna Beats Most Of Conn. Doc's COVID Test Payment Suit
Cigna Health and Life Insurance Co. has beaten a Connecticut medical practice chain's unfair trade practices claims, but it must still face allegations — at least for now — that it didn't reimburse for millions of dollars' worth of COVID-19 tests and other pandemic-related services.
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July 21, 2025
Ex-Kellogg Worker Fights To Keep 401(k) Fee Suit Alive
A former Kellogg employee urged a Michigan federal court to reject the company's attempt to dismiss a proposed class action alleging the food manufacturer lost its workers millions of dollars in retirement savings because of excessive recordkeeping fees under the Employee Retirement Income Security Act.
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July 21, 2025
COVID-19 Fraudster Can Keep His Pension, Conn. Judge Says
A former Connecticut firefighter who pled guilty in connection with a COVID-19 relief fund scam can keep the pension he earned through 26 years of service, a state trial court judge has ruled, pointing to the employee's otherwise clean record and comparatively lesser role in the scheme.
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July 21, 2025
States Say Noncitizen Benefit Restrictions Are Creating Chaos
A coalition of 20 Democratic-led states and the District of Columbia sued the Trump administration on Monday for "upending" noncitizens' access to publicly funded programs like Head Start and food banks.
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July 21, 2025
Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says
Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.
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July 21, 2025
Mismanagement Cost Nokia 401(k) Plan $100M, Suit Alleges
Two former Nokia workers have hit their ex-employer with a proposed Employee Retirement Income Security Act class action in New Jersey federal court, accusing the company of mismanaging its 401(k) plan.
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July 21, 2025
DOL Rescinds ERISA Guidance On Citi Racial Equity Program
The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans regulated by the Employee Retirement Income Security Act, saying the letter no longer reflected the department's views.
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July 21, 2025
2nd Circ. Backs Union Win Over Concrete Cos. In CBA Fight
The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Judge Questions Basis For Planned Parenthood Funding Cuts
A Massachusetts federal judge on Friday pressed the government for any plausible rationale, besides retaliation, for a provision in Congress' budget reconciliation that will prevent Planned Parenthood and its affiliates from receiving Medicaid reimbursements if any one of them offers abortion services.
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July 18, 2025
3rd Circ. Won't Halt Corteva Pension Judgment For Appeal
The Third Circuit has refused to halt judgment against Corteva Inc. and DuPont while they challenge a verdict in favor of employees who claimed the chemical companies failed to inform them about benefit changes stemming from a merger and spinoff, which netted the plaintiffs' counsel nearly $6.4 million in fees and costs.
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July 18, 2025
6th Circ. Won't Revive Ex-Ruby Tuesday Execs' Benefits Fight
The Sixth Circuit refused to reopen a suit from former Ruby Tuesday managers and executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, concluding a lower court was right to end the case in the bank's favor.
Expert Analysis
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales
An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Challenges For Fiduciaries Adding Crypto To 401(k) Plans
As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.