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Benefits

  • May 30, 2025

    Fed Circ. Weighs In On Veterans Court Review Standard

    The Federal Circuit on Friday issued a precedential opinion backing the U.S. Court of Appeals for Veterans Claims' use of a questions of law analysis, rather than a standard requiring its own review of the facts in a disability evaluation case.

  • May 30, 2025

    NJ Panel Upholds Unemployment Benefits Claims For Strikers

    A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a聽concrete manufacturing company聽who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision.聽

  • May 30, 2025

    Plumbing Supply Co. Gets 401(k) Forfeiture Claims Cut

    A California federal judge tossed two workers' claims that a plumbing supply company illegally used abandoned funds in its retirement plan to pay down its own contributions instead of offsetting expenses for plan members, ruling they couldn't slip the new allegations into an amended complaint.

  • May 30, 2025

    5th Circ. To Rehear No Surprises Act Ruling En Banc

    The full Fifth Circuit agreed Friday to reconsider a dispute over provisions for calculating qualifying payments under the 2020 No Surprises Act.

  • May 30, 2025

    Coal Miners Re-Up Bid For $15.2M Wage Deal Approval

    Coal miners again asked a Kentucky federal judge Friday to greenlight a $15.2 million deal resolving their unpaid wage suit against several mining companies, presenting a restructured agreement that eliminates collective claims and discusses the degree of similarity among workers in a proposed, nearly 7,000-member settlement class.

  • May 30, 2025

    Texas Law Firm Beats Atty's Suit Over Stock Redemption

    A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."

  • May 30, 2025

    Giant Eagle Worker Seeks Initial OK For $669K ERISA Deal

    A proposed class of employees at Pennsylvania-based gas and grocery chain Giant Eagle asked a federal court for preliminary approval of an almost $669,000 settlement of their claims that the company overspent their retirement savings on administrative fees.

  • May 30, 2025

    Bass Pro Reels In Final Approval For $5M Tobacco Suit Deal

    A Missouri federal judge has granted final approval to a $4.95 million settlement in a lawsuit that accused Bass Pro Shops of failing to tell employees who used tobacco how they could avoid incurring an extra $2,000-per-year charge for health insurance.

  • May 30, 2025

    3rd Circ. Preview: Tribal Immunity Limits On Deck For June

    The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to聽arbitrate a union grievance.

  • May 29, 2025

    Stellantis, UAW Accused Of Sex Discrimination In $1M Suit

    A Michigan woman is seeking at least $1 million in a lawsuit filed Wednesday in Michigan federal court against the U.S. subsidiary of Dutch automaker Stellantis and the United Auto Workers on allegations she was replaced as a team leader by less experienced male colleagues and that the union would not represent her 鈥 both due to her gender.

  • May 29, 2025

    ZoomInfo Wants Out Of Investors' Accounting Fraud Claims

    Software company ZoomInfo Technologies Inc. urged a Washington federal judge to toss a proposed investor class action accusing it of making missteps in an effort to retain new pandemic-era customers, claiming the "fraud-by-hindsight" allegations are inactionable.

  • May 29, 2025

    $17.5M TaskUs Investor Deal Gets Magistrate's Endorsement

    A federal magistrate judge has recommended preliminary approval of a $17.5 million settlement between digital solutions providers TaskUs and its investors who claim the company made false statements about its turnover and Glassdoor ratings, saying the parties' revisions to the deal are justified.

  • May 29, 2025

    Express Scripts Says Arkansas Can't Ban PBM Pharmacies

    Pharmacy benefits manager Express Scripts sued the state of Arkansas in federal court Thursday, alleging that the state's recently enacted law banning PBMs from owning pharmacies in the state violated the U.S. Constitution and ran afoul of federal law governing military employee benefits.

  • May 29, 2025

    Delaware Justices Asked To Review Corporate Law Rework

    A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.

  • May 29, 2025

    7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec

    A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."

  • May 29, 2025

    Investors Can't Shield $66M Life Policies During State Rehab

    Premiums due on unmatured PHL Variable Insurance Co. policies held by three investment companies do not qualify as debts under Connecticut's insurance rehabilitation statute, a state trial court judge has ruled, rejecting the companies' attempts to protect separate matured policies worth $66 million.

  • May 29, 2025

    Judge Can't Buy Military Service Credits, NJ Panel Says

    A New Jersey appellate panel Thursday backed the state pension board's determination that a workers' compensation judge can't buy 36 months of service credits based on his prior military service, ruling that the statute governing his pension does not allow for such a purchase.

  • May 29, 2025

    Senate Committee Sets June Hearing For Trump's EBSA Pick

    The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday.聽

  • May 28, 2025

    Del. Justices Won't Revive Raytheon Incentive Plan Suit

    Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.

  • May 28, 2025

    Texas Lawyer Fined $6K For Fake AI Citations In ERISA Suit

    An Indiana federal judge on Wednesday fined a Texas attorney $6,000 for filing three separate briefs using generative artificial intelligence that included fake citations in an ERISA case, imposing a personal sanction that was less than half the $15,000 fine a magistrate judge recommended.

  • May 28, 2025

    Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme

    A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.

  • May 28, 2025

    DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans

    The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.

  • May 28, 2025

    Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand

    The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.

  • May 28, 2025

    Class Counsel Get $6M Fees In Corteva Benefits Info Suit

    Attorneys handling a retirement benefits class action against chemical companies Corteva Inc. and DuPont have been awarded approximately $6 million in fees and just over $389,000 to cover litigation costs, according to a Pennsylvania federal judge's order.

  • May 28, 2025

    DOL Rescinds Warning Against Crypto In 401(k) Plans

    The U.S. Department of Labor on Wednesday rescinded guidance by former President Joe Biden's administration that warned against crypto offerings in 401(k) plans, which had sparked a legal challenge from a 401(k) provider against the agency.

Expert Analysis

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that鈥檚 so powerful about artificial intelligence is also what鈥檚 most scary about it 鈥 its ability to detect patterns may curtail young attorneys鈥 chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • SEC Settlement Holds Important Pay-To-Play Lessons

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    The U.S. Securities and Exchange Commission鈥檚 recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC鈥檚 strict pay-to-play rule, say attorneys at Lowenstein Sandler.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners 鈥 though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional 鈥渢rusted adviser鈥 paradigm from which most firms operate is no longer sufficient 鈥 they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court鈥檚 recent order enjoining the state鈥檚 anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance聽investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

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    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court鈥檚 Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • How Fund Advisers Can Limit Election Year Pay-To-Play Risks

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    With Minnesota Gov. Tim Walz now the Democratic candidate for vice president, politically active investment advisers should take practical steps to avoid triggering strict pay-to-play rules that can lead to fund managers facing mutli-year timeouts from working with public funds after contributing to sitting officials, say attorneys at Dechert.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court鈥檚 Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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