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Benefits
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December 09, 2025
US Asks 5th Circ. To Revive ACA Employer Tax Penalties
The IRS properly penalized a janitorial services company for failing to provide employees with healthcare coverage under the Affordable Care Act, the U.S. government said, urging the Fifth Circuit to reverse a Texas federal court ruling that voided regulations promulgating the penalties.
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December 09, 2025
Wells Fargo $84M ERISA Stock Option Suit Deal Initially OK'd
A Minnesota federal court gave its initial sign-off to an $84 million settlement that Wells Fargo & Co. agreed to pay to end a class action alleging that the bank ran afoul of federal benefits law when it used dividends earned by its employee stock ownership plan to meet its 401(k) matching obligations.
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December 09, 2025
IRS Provides Guidance On Health Savings Account Expansion
The IRS provided guidance Tuesday on new tax benefits for Health Savings Account participants, including a provision making bronze and catastrophic plans available through the Affordable Care Act marketplace HSA-compatible, even if they don't meet the definition of a high-deductible health plan.
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December 09, 2025
3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction
A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.Â
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December 08, 2025
4th Circ. Backs EIDP In Dispute Over Annuity Reductions
The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.
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December 08, 2025
Ex-Kellogg Worker's Suit Over 401(k) Fees Tossed For Good
Kellogg escaped a former employee's proposed class action alleging the food manufacturer lost its workers millions in retirement savings because of excessive recordkeeping fees, after a Michigan federal judge ruled Monday that the allegations failed to state a claim for violating federal benefits law.Â
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December 08, 2025
NY Hotel Ordered To Pay $4.1M In Union Benefits Dispute
A Manhattan hotel operator must hand over $4.1 million to a hotel and hospital workers union, a New York federal judge ruled, finding that the operator has failed to respond to accusations that it owes money to multiple health benefit funds.
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December 08, 2025
Schnader Harrison ERISA Class Attys Seek Cut Of $675K Deal
Class members who scored a $675,000 settlement resolving their case alleging the defunct firm Schnader Harrison Segal & Lewis LLP misdirected money meant for attorneys' retirement accounts have asked a Pennsylvania federal judge for counsel fees in the amount of one-third of the settlement.
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.Â
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Hilton Retirees Push DC Circ. To Reopen Pension Case
A panel of D.C. Circuit judges appeared to agree Monday that a class of over 20,000 Hilton employees hadn't justified its request for detailed discovery on the hotel chain's compliance with a 14-year-old injunction requiring it to pay additional retirement benefits.
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December 05, 2025
10th Circ. Won't Stay Order In Union Early Retirement Case
A union pension plan must comply with an order compelling it to restore benefits to certain early retirees while it appeals the ruling that required it to do so, the Tenth Circuit held, denying the plan's request for a stay of the order.
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December 05, 2025
BofA Says Northrop 401(k) Suit Toss Backs 4th Circ. Appeal
Bank of America urged a North Carolina federal court Friday to let it appeal an earlier decision denying dismissal of a proposed class action alleging forfeitures were misspent from workers' employee 401(k) plan, arguing a Virginia federal court's decision tossing similar claims against Northrop Grumman supported its bid.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Mortgage Insurer's $650K ERISA Deal Clears First Hurdle
A North Carolina federal judge gave the initial nod Friday to a $650,000 deal a mortgage insurance company reached with a worker to close a proposed class action claiming the business didn't do enough to prevent a retirement profit sharing plan from facing a $1.3 million loss.
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December 05, 2025
Divided DC Circ. Backs Trump's NLRB, MSPB Firings
A split D.C. Circuit panel on Friday upheld President Donald Trump's firings of two labor agency officials in spite of their statutory job protections, saying they wield enough executive power that Congress can't restrict the president's authority to fire them.
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December 04, 2025
Snap Investors' $65M Deal OK'd, But Attys Face 'Cheap' Judge
A California federal judge said Thursday he will grant preliminary approval of a $65 million deal to resolve a proposed securities class action against Snapchat, but warned the plaintiffs' side they will "have to see" about the request for 30% of the settlement in attorney fees because he is "notoriously cheap."
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December 04, 2025
9th Circ. Says ERISA Preempts UnitedHealth Claims Fight
The Ninth Circuit on Thursday backed a California federal court's decision to toss a medical collector's allegations of underpaid claims and state contract law violations by a UnitedHealth Group unit, agreeing that the Employee Retirement Income Security Act preempted the collector's suit.
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December 04, 2025
11th Circ. Won't Rehear NCR Corp. Compensation Fight
The Eleventh Circuit denied on Wednesday software company NCR Corp.'s request to rehear a case in which the court ruled that the company cannot issue lump-sum payments to deferred compensation plan participants as alternatives to promised life annuities.
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December 04, 2025
$1M AAA Club Settlement Gets Final Nod In COBRA Suit
A Michigan federal judge granted final approval Thursday to a $1 million settlement an American Automobile Association club brokered with a class of workers to resolve their suit claiming they weren't notified on time that they could extend their health insurance after their benefits ended.
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December 04, 2025
Pond Lehocky Plans 8th Pa. Office, Adds Workers' Comp Atty
Workers' compensation firm Pond Lehocky Giordano is preparing to expand its Pennsylvania footprint with the launch of an office in York, with the addition of an attorney who moved her practice from defense firm Moore Ingram Johnson & Steele.
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December 04, 2025
Lawmakers Debate Higher Pay, Health Benefits For Boxers
An effort to revamp American boxing got underway on Capitol Hill on Thursday as lawmakers deliberated over legislation to provide better pay and workplace protections for fighters, with Democrats expressing concern over the potential for corruption to flourish in the sport.
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December 04, 2025
Mortgage Insurer Inks $650K Deal To End ERISA Suit
A mortgage insurance company has agreed to pay $650,000 to close a worker's proposed class action filed in North Carolina federal court claiming its mismanagement of an employee retirement profit sharing plan caused a $1.3 million loss.
Expert Analysis
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.