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Benefits
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July 14, 2025
Marriott Gets Worker's Wage Suit Tossed, For Now
A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Fla. Says High Court Rulings Back Trans Care Medicaid Ban
Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.
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July 14, 2025
Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated
A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.
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July 14, 2025
Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact
The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
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July 11, 2025
VA Watchdog Says Burn Pit Claims Denials Still Had Errors
The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says
A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
AT&T Can't Escape Suit Over Pension Plan's Mortality Data
AT&T must face a proposed class action claiming it miscalculated married couples' pension benefits, a California federal judge ruled, saying workers leading the suit provided evidence that the telecommunications company's use of decades-old mortality data and interest rates was unreasonable.
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July 11, 2025
2 Firms Tapped To Lead Regeneron Investor Suit
Labaton Keller Sucharow LLP and Motley Rice LLC have been named lead counsel in a proposed securities class action accusing Regeneron Pharmaceuticals Inc. and its executives of misleading investors about its revenue prospects for its vision loss drug and inflating reimbursements.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
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July 10, 2025
2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling
The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.
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July 10, 2025
DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit
The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.
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July 10, 2025
Stitch Fix Must Face Most Claims In Investor Action
A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.
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July 10, 2025
Texas Judge Partially Voids DOL's ERISA Rollover Rule
A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.
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July 10, 2025
5 Employee Benefits Takeaways On The GOP Tax Bill
Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.
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July 09, 2025
Iowa Urges Judge Not To Block Law Regulating PBMs
The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.
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July 09, 2025
10th Circ. Backs Insurance Co. In Disabled Worker's Fee Fight
The Tenth Circuit declined to revive a disabled worker's suit claiming a life insurance company owed her attorney fees after she successfully challenged its decision to cancel her benefits, ruling that federal law doesn't allow her to sue for legal expenses if a benefit dispute doesn't go to court.
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July 09, 2025
Plan Administrator Seeks To Toss Union's Pension Error Suit
A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.
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July 09, 2025
Holland & Knight Insurer's COVID Benefits Denial Upheld
A Colorado federal judge on Wednesday handed an insurance company a win in a Holland & Knight LLP attorney's federal benefits lawsuit alleging she was wrongly denied long-term disability benefits after a COVID-19 infection left her unable to work, concluding substantial evidence supported the insurer's decision.
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July 09, 2025
Wilson Sonsini Adds Cooley Benefits Atty In San Diego
Wilson Sonsini Goodrich & Rosati PC is expanding its corporate team, announcing Tuesday it is bringing in a Cooley LLP compensation and benefits expert as a partner in its San Diego office.
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
Expert Analysis
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.