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Benefits
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March 23, 2026
Health Insurers Can't Force Conn. ERISA Row Into Arbitration
Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.
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March 23, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.
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March 23, 2026
BJ's Says Pension Fund Oversteps With Climate Study Ask
BJ's Wholesale Club told a Massachusetts federal judge that it cannot be forced to poll shareholders on whether the retailer should study the effects of deforestation on its supply chains, calling it an improper attempt at "micromanagement."
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March 20, 2026
Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme
The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."
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March 20, 2026
Union Fund Gets Early Win In ERISA Audit Fight
A hydro-excavation company must submit to an audit by a union pension fund, an Indiana federal judge ruled Friday, agreeing with the fund that the company is contractually obligated to do so.
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March 20, 2026
Vein Restoration Co. Will Pay $4M To End False Claims Suit
The operators of a multistate network of vascular medicine clinics have reached a $4 million settlement to resolve claims that they billed Medicaid, Medicare and Tricare for medically unnecessary vein treatment procedures over the course of seven years.
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March 20, 2026
Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred
A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.
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March 20, 2026
Eye On ERISA: A Chat With King & Spalding's Darren Shuler
Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.
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March 19, 2026
SEC Sued Over Proxy Exclusion Policy Change
The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.
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March 19, 2026
Judge Quashes Subpoena Of 5 Firms That Repped Twitter
A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the employees' "conclusory allegations" that the company and Musk used the firms to make false promises of severance benefits.
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March 19, 2026
11th Circ. Partially Reopens Aetna Twin Birth Coverage Fight
The Eleventh Circuit on Thursday undid Aetna's escape from a worker's coverage dispute over an extended hospital stay for her newborn twins, agreeing with the lower court that allegations failed to state a claim for violating federal benefits law but holding that an amended complaint should have been allowed.
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March 19, 2026
NC Justices Shouldn't Ax Severance Fight, Ex-CEO Says
North Carolina's long-arm statute means its business court had jurisdiction to decide a lawsuit filed by the former CEO of a cybersecurity and IT firm over its alleged failure to buy out his equity interest as part of a severance agreement, he has argued to the state's high court in opposition to the company's appeal of a ruling keeping the case in the Tar Heel State.
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March 19, 2026
Fla. Court Won't Pause Restoration Of Medicaid Benefits
A Florida federal court has declined to pause an injunction ordering the state to restore family Medicaid to more than a million low-income enrollees, but extended deadlines to reinstate benefits and to send adequate termination notices.
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March 19, 2026
Del. High Court Revives Banker's Pay Claims Against Firm
The Delaware Supreme Court has revived key claims brought by a former investment firm banker, ruling that a lower court went too far in blocking his case based on earlier findings that he was not a partner at the firm.
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March 19, 2026
CVS, Caremark Pocket Money Meant For Rebates, Suit Claims
CVS charges drug manufacturers "exorbitant" fees in exchange for pushing their products, then pockets the money instead of funneling it toward customer rebates as it promises, a federal lawsuit alleges, accusing the company of collecting billions of dollars at customers' expense and violating the anti-racketeering statute.
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March 19, 2026
Ex-Workers Ask 11th Circ. To Overturn ERISA Exhaustion Rule
Former workers for a seafood company urged the full Eleventh Circuit to overturn precedent that led a three-judge panel to uphold dismissal of their suit alleging mismanagement of an employee stock ownership plan, arguing the court's strictest-in-the-nation standard on exhausting administrative remedies didn't align with federal benefits law.
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March 18, 2026
UnitedHealth Customers Denied Class Cert. In PrEP Suit
Two UnitedHealthcare customers can't turn their Affordable Care Act lawsuit against a company subsidiary into a class action, a Minnesota federal judge ruled Wednesday, denying the pair's bid to represent thousands of customers in litigation accusing the subsidiary of failing to approve full coverage for PrEP.
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March 18, 2026
Kyndryl Hid Cash Management Malpractice, Investor Claims
Information technology services company Kyndryl Holdings Inc. and a current and former executive were hit with a proposed shareholder class action accusing them of misleading investors with representations that the company had sufficient control over its cash management practices.
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March 18, 2026
DOL Tweaks ERISA Regs After Fiduciary Rule Lawsuits End
The U.S. Department of Labor's employee benefits arm on Wednesday published technical amendments to its fiduciary investment advice regulations, to better reflect current policy following the conclusion of two lawsuits challenging a 2024 rule that would have expanded the definition of an investment advice fiduciary under federal benefits law.
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March 18, 2026
Ex-Execs Ask Justices To Review Ruby Tuesday Benefits Fight
Former Ruby Tuesday managers are urging the U.S. Supreme Court to review their dispute alleging Regions Bank lost them $35 million in retirement plan benefits that were liquidated in bankruptcy, saying an appellate court erred in denying them monetary relief.
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March 18, 2026
Coke Bottler 401(k) Suit Put On Ice For High Court Ruling
A Coca-Cola bottler can't dodge a proposed class action claiming its 401(k) plan was loaded with lackluster options, a Texas federal judge ruled, saying the company's dismissal bid must wait until the U.S. Supreme Court weighs in on the standards for claims of retirement investment underperformance.
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March 18, 2026
8th Circ. Seems Skeptical About Nix Of Wells Fargo 401(k) Suit
The Eighth Circuit appeared skeptical Wednesday of the reasoning behind a lower court's decision to toss a proposed class action alleging Wells Fargo's 401(k) forfeiture spending violated federal benefits law, but still expressed doubts about the case's viability.
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March 17, 2026
Chancery Tosses Weapons Co. Suit, Says Claims Belong In NC
A Delaware Chancery Court judge on Tuesday dismissed a weapons analytics company's suit seeking to force one of its founders to litigate a stock valuation dispute in Delaware, ruling that the claims belong in a parallel North Carolina action and stem from a different contract than the company asserted.
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March 17, 2026
Biden Admin's Definition Of ERISA Fiduciary Erased
A Texas federal judge on Tuesday vacated regulations from the U.S. Department of Labor that would have expanded the definition of an investment advice fiduciary under federal benefits law, changes that a collective of insurance groups said the federal agency didn't have the authority to make.
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March 17, 2026
Union Health Fund Wins $3.5M Debt Litigation Against Suit Co.
A Rochester, New York, suit manufacturer owes a union healthcare fund about $3.5 million, a New York federal judge ruled Tuesday, saying the fund presented evidence that the manufacturer skipped out on over two years of payments.
Expert Analysis
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Del. Dispatch: What Tesla Decision Means For Exec Comp
The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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ERISA Litigation Trends To Watch With 2025 In The Rearview
There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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The Major Securities Litigation Rulings And Trends Of 2025
The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.