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Benefits

  • 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.

  • 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.

  • 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.

  • 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    The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • July 18, 2025

    2 Firms Score $35.5M Atty Fees In $71M Rate-Swaps Deal

    Cohen Milstein Sellers & Toll PLLC and Quinn Emanuel Urquhart & Sullivan LLP have been awarded $35.5 million for their work on scoring $71 million in settlements of multidistrict litigation with top international investment banks, ending claims they allegedly schemed to limit market competition over interest rate swaps.

  • July 17, 2025

    COVID Fraudster Says State Can't Rescind Firefighter Pension

    A former Connecticut firefighter who pled guilty in relation to a West Haven COVID-19 relief fund scam says he should keep the pension he earned through 26 years of service in a neighboring city, arguing his crime bore no connection to his onetime employment and did not breach his union contract.

  • July 17, 2025

    REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold

    REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.

  • July 17, 2025

    Problematic Fund Harmed Health Tech Co. 401(k), Court Told

    Health technology company Philips North America cost workers millions by retaining a stable value investment fund in its $5 billion retirement plan that produced dismal returns for workers and by mismanaging forfeited funds, three workers told a Massachusetts federal court.

  • July 17, 2025

    Firm Seeks NC Top Court's Take On Ex-Partner's Benefits Fight

    Cranfill Sumner LLP asked North Carolina's top court on Thursday to take up its case challenging a former partner's workers' compensation award, saying a lower court made a mistake in ruling his equity stake in the firm doesn't offset the amount he's owed.

  • July 17, 2025

    Equinix OKs $41.5M Settlement Of Capital Spending Claims

    Data center developer Equinix has agreed to pay $41.5 million to settle class claims from a pension fund saying the company mislabeled spending on maintenance expenses over a five-year period to earn executives bonuses of $150 million.

  • July 16, 2025

    8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration

    The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.

  • July 16, 2025

    Pharmacy Benefit Managers Say Ohio Can't Recast Suit

    The state of Ohio can't "recast its complaint on appeal" in order to convince the Sixth Circuit that its enforcement suit accusing two pharmacy benefit managers of working to raise the cost of prescription drugs belongs in state court, those managers have told the appellate court.

  • July 16, 2025

    Union Pension Fund Says Cos. Can't Get Fees In ERISA Row

    A Tennessee federal judge should deny two companies' "extraordinary" request for a union pension fund to cover their attorney fees in an Employee Retirement Income Security Act dispute, the union argued Wednesday, saying the section of ERISA the lawsuit was lodged under doesn't allow for attorney fee awards.

  • July 16, 2025

    Cornell Workers Urge 2nd Circ. Remand Suit Justices Revived

    Cornell University workers urged the Second Circuit to remand their sweeping class action alleging retirement plan mismanagement to New York federal court, arguing that the lower court should decide whether to hold a jury trial on a claim that the U.S. Supreme Court revived in April.

  • July 16, 2025

    Arby's Parent Says Workers' Tobacco Fee Suit Lacks Support

    The parent company of Arby's, Dunkin' and other fast-food chains urged a Georgia federal court to toss a proposed class action claiming employees in its health plan were unlawfully charged more for using tobacco, arguing workers didn't allege their premiums stayed elevated after completing a wellness program.

  • July 16, 2025

    Utility Co. Inks $7M Deal To End Pension Mortality Data Suit

    An electric utility holding company has agreed to pay $7 million to resolve a proposed class action alleging it underpaid retirees in pension benefits by calculating their payments using outdated mortality data, according to an Arizona federal court filing.

  • July 16, 2025

    Speaker's Aide Won't Rule Out 'Secure 3.0' Retirement Bill

    An aide to House Speaker Mike Johnson told tax attorneys in Washington, D.C., Wednesday that he's not ruling out Congress passing a retirement policy overhaul that's known informally as Secure 3.0, though exact timing on such an effort remains unclear because of the busy year-end schedule.

  • July 15, 2025

    Pool Supply Co. Escapes Investor Suit Over COVID-Era Sales

    Arizona-based pool supply company Leslie's Inc. won dismissal, for now, of an investor class action led by North Carolina's state treasurer that alleged the company botched disclosures about waning demand during the COVID-19 pandemic, with the court finding the allegations failed to state a claim for federal securities law violations.

  • July 15, 2025

    Biz Groups Urge 5th Circ. To Reverse BP's Pension Suit Loss

    Multiple business groups filed amici briefs with the Fifth Circuit asking the court to do away with a judgment in favor of 7,000 BP retirees who alleged that the oil giant underpaid their retirement benefits, saying the lower court's decision conflicts with "black letter law."

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Del. Ruling May Redefine Consideration In Noncompetes

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    The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • 9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s

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    The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

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