Analysis

What To Know About Biden's ACA Nondiscrimination Rule

By Kellie Mejdrich

Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.

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Okla. Tells Justices 10th Circ. Wrong On PBM Law

By Kellie Mejdrich

Oklahoma's insurance department Friday asked the U.S. Supreme Court to take up its petition seeking review of a Tenth Circuit decision overturning portions of a state law regulating pharmacy benefit managers, arguing that high court intervention is needed to resolve disagreement among the circuits on federal preemption.

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Benefits Groups Urge High Court To Take Up AT&T 401(k) Suit

By Emmy Freedman

Several benefits groups urged the U.S. Supreme Court to hear AT&T's request to overturn a Ninth Circuit ruling that upended its win in retirement plan participants' class action accusing it of mismanaging their 401(k), saying allowing the decision to stand would redefine prohibited transactions.

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US Bancorp Seeks Quick Appeal In 401(k) Fee Suit

By Patrick Hoff

U.S. Bancorp asked Friday for approval to immediately appeal an order allowing a proposed class action over record-keeping fees for the bank's 401(k) plan to move forward, telling a Minnesota federal court that getting the Eighth Circuit's take could provide clarity to other cases nationwide.

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Printing Co. To Pay $1.2M To End 401(k) Fee Suit

By Emmy Freedman

A class of retirement plan participants asked an Illinois federal judge to grant final approval to a nearly $1.2 million settlement they reached to end their suit accusing a printing company of allowing its $1.3 billion plan to shoulder excessive record-keeping fees.

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Deal Reported In Union Production Workers' Benefits Fight

By Kellie Mejdrich

A settlement is likely coming in a proposed class action filed by Parsec Inc. employees against the National Production Workers Union in Illinois federal court, signaling an end to claims that the rail transportation company's withdrawal from a collective bargaining agreement should have triggered the payout of severance and retirement funds.

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Ex-Manager Of Lindberg-Tied Co. Sues Over Abrupt Ouster

By Hayley Fowler

The former head of a European IT business with ties to beset insurance mogul Greg Lindberg has claimed in a case now in the North Carolina Business Court that he was suddenly sacked, denied a payout and stripped of his shares based on bogus allegations of bad job performance and unprofessional conduct.

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Guess? Sued To Stop Founders' Alleged Pending Equity Grab

By Leslie A. Pappas

A pension fund stockholder of Guess? Inc. has sued the company, its founders, and its board in Delaware's Court of Chancery, alleging "a covert attempt to strip the company's public stockholders of their contractual right to equal treatment" in connection with a merger or sale of Guess.

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Prudential Investor Attys Seek $9M Fees For Settlement

By Donald Morrison

Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.

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How FTC's Noncompete Rule May Affect Exec Comp Packages

In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.

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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

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E-Discovery Quarterly: Recent Rulings On Text Message Data

Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

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Alito Warns Freedoms Of Speech, Religion Are In Danger

By Katie Buehler

U.S. Supreme Court Justice Samuel Alito warned Saturday that support for freedom of speech on college campuses is "dangerously" low, and that freedom of religion is in peril nationwide.

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King & Spalding Accused Of Anti-White, Pro-LGBTQ Bias

By Ryan Boysen

A straight white woman is suing King & Spalding LLP alleging discrimination after getting a rare green light from the U.S. Equal Employment Opportunity Commission, claiming she incurred "significant damages" when she was dissuaded from applying to a summer associate program open only to "diverse" applicants.

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Former Akin Chairman R. Bruce McLean Dies At 77

By Tracey Read

Former Akin Gump Strauss Hauer & Feld LLP Chairman R. Bruce McLean — who helped transform Akin into an international powerhouse — died Thursday, the firm said. He was 77.

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Fox Rothschild Hires Ex-Seed IP Trio On The West Coast

By Andrea Keckley

Fox Rothschild is bringing on more intellectual property talent on the West Coast, announcing Friday that it had added three former Seed IP attorneys to its Seattle offices.

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Titan Of The Plaintiffs Bar: Pomerantz's Murielle Steven Walsh

By Adrian Cruz

For Murielle Steven Walsh, the concept of standing up for the underdog came early in her life, as the longtime Pomerantz LLP partner described her constant battles with Catholic school teachers as some of the first motivating factors that led her to pursue a legal career that involves representing shareholders suing some of the world's biggest corporations.

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Cohen Urged To Stop Trashing Trump As Testimony Nears

By Rachel Scharf, Frank G. Runyeon and Stewart Bishop

The Manhattan judge overseeing Donald Trump's criminal hush money trial made clear Friday that he wants star witness Michael Cohen to stop talking publicly about the charges as the former president's erstwhile attorney prepares to take the stand as soon as Monday.

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Coverage Recap: Day 11 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Friday, day 11 of the trial.

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The Week In Trump: All Eyes On NY As Other Cases Lag

By Phillip Bantz

Donald Trump's Manhattan hush money trial took center stage with dramatic testimony from adult film actress Stormy Daniels, while the former president's criminal cases in Georgia and Florida ran into delays that could last through Election Day.

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Dem Lawmakers Call For 5th Circ. Judge To Exit CFPB Case

By Jack Rodgers

Six Democratic lawmakers sent a letter admonishing the Judicial Conference, saying Friday it was "undermining the integrity of the judiciary" by allowing a Fifth Circuit judge to participate in a matter in which he has a significant conflict of interest.

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Texas Judge Sanctions Atty The Cost Of Plane Ticket To DFW

By Spencer Brewer

A Texas federal judge sanctioned an attorney in the amount of the approximate cost of a last-minute flight from Los Angeles to Dallas-Fort Worth, saying in a show cause hearing Friday that he doesn't "know how you do things in LA" after the attorney didn't show up following a court order.

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Now Hiring: Michigan AG Seeks Attys For Climate Change Suits

By Madeline Lyskawa

Michigan Attorney General Dana Nessel is looking for attorneys and law firms to serve as assistant attorneys general to pursue litigation related to climate change on behalf of the state of Michigan.

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SEC Asks For Win Following Ex-Apple Atty's Guilty Plea

By Sydney Price

The U.S. Securities and Exchange Commission moved for summary judgment Friday on insider trading claims against a former senior attorney at Apple Inc., arguing there is no need to relitigate claims since the lawyer already pled guilty to criminal charges related to a lucrative insider trading scheme.

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Atty Says Panoramic Fired Her For Raising Compliance Issues

By Gina Kim

Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.

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Eastman Withdraws From Colo. Suit Amid Disbarment Case

By Thy Vo

Former Donald Trump lawyer John C. Eastman withdrew as an attorney in a Colorado civil suit on Friday as the California Supreme Court is set to consider a recommendation for the attorney's disbarment.

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Feds Seek 20 Mos. For Ex-Baltimore State's Atty

By Elliot Weld

Prosecutors asked a Maryland federal court to sentence former state's attorney Marilyn Mosby to 20 months in prison after she was convicted of lying to obtain money from a retirement fund and conning a lender to obtain a vacation home, saying she "could not be trusted to tell the truth" despite her position of public trust.

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Law360's Legal Lions Of The Week

By Kevin Penton

Cravath Swaine & Moore LLP, Lewis Law Firm PLLC and Kleppin Firm PA lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court determined that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Help for lawyers in dealing with legal data challenges has come, thanks to corporate and law firm leaders who founded a new industry framework called Legal Data Intelligence. And at least one U.S. senator is questioning Amazon and Walmart's use of new tech to create "dynamic pricing" that may harm consumers.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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