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Benefits
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April 18, 2025
Whole Foods Strikes Deal In Sweeping 401(k) Fee Suit
Whole Foods reached an agreement to end a class action alleging its failure to keep its 401(k) plan's administrative fees in check cost a class of roughly 97,000 workers millions of dollars in retirement savings, the Amazon-owned grocer told a Texas federal court.
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April 18, 2025
'Bizarre' Santos Posts Show He's Still 'Unrepentant,' Feds Say
Prosecutors told a Brooklyn federal judge that former U.S. Rep. George Santos' social media activity shows that he's "unrepentant" for his admitted crimes, reiterating their request for a prison sentence of more than seven years.
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April 18, 2025
PBMs Press 8th Circ. Bid To Pause FTC Case
The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.
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April 18, 2025
Buchanan Ingersoll Faces DQ Bid Over Former GC's Role
Buchanan Ingersoll & Rooney PC attorneys defending Amerilife should be disqualified for allegedly running "roughshod" over ethical rules by using a former general counsel of a retirement planning agency to gain an upper hand in a dispute in a Florida federal court, according to a bid to boot the firm from the case.
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April 18, 2025
Mass General Inks $8.25M Deal To End Retirement Fee Suit
Boston-based healthcare system Mass General Brigham Inc. agreed to pay $8.25 million to settle a proposed class action alleging it unlawfully allowed its employee retirement plan to pay excessive administrative fees, according to a filing in Massachusetts federal court.
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April 17, 2025
Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'
A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."
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April 17, 2025
Arkansas Bans PBMs From Owning Pharmacies
Pharmacy benefit managers operating in Arkansas will soon be prohibited from owning pharmacies in the state after Gov. Sarah Huckabee Sanders signed a bill that lawmakers say is meant to minimize conflicts of interest and safeguard patients.
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April 17, 2025
Carlton Fields Adds Eversheds Retirement Atty To DC Team
Carlton Fields has hired a longtime Eversheds Sutherland financial services partner, according to an announcement Wednesday, who is bringing a practice focused on ensuring clients comply with retirement plan laws and their fiduciary duties.
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April 17, 2025
Akerman Sues To Block Malpractice Claim, Secure $750K Fees
Akerman LLP sued the healthcare services company Rennova Health Inc. and three medical laboratories in Florida state court this week, alleging that they owe the firm about $750,000 in unpaid fees and are now threatening to sue the firm for malpractice even though they have already released any claims.
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April 17, 2025
Justices Revive Cornell Workers' ERISA Fee Suit
The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.
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April 16, 2025
Southwest Moves Union's Sick Leave Fight To Federal Court
Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.
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April 16, 2025
Computer Equipment Co. Wants Suit Over Sales Decline Axed
Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.
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April 16, 2025
Koch, Chicken Buyers Spar Over $75M Deal Challenge
Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.
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April 16, 2025
Workers Hit Fast-Food Co. With Nicotine Fee Suit
The parent company of popular fast-food chains Arby's, Sonic and Dunkin' has been hit with a proposed class action from workers alleging that the company's fee on the health plans of employees who self-disclosed using nicotine violated federal benefits law.
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April 16, 2025
IRS Owes Worker A Refund On 401(k) Loan, Suit Says
The IRS is refusing to send money back to a worker who said a paid-off 401(k) loan was mistakenly counted as income in his tax return, according to a suit filed in Missouri federal court.
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April 16, 2025
Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK
A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.
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April 16, 2025
UnitedHealthcare Owes $1M Medicare Shortfall, Hospital Says
UnitedHealthcare owes Connecticut's Danbury Hospital more than $1 million after bungling local Medicare Advantage cost calculations and refusing to correct its payment errors after the hospital provided notice of the problem, the healthcare facility alleged in a state court lawsuit.
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April 15, 2025
Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says
A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.
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April 15, 2025
Food Service Co. Can't Escape Tobacco Surcharge Suit
A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
UBH Can't Nix Class Status In Coverage Guidelines Suit
United Behavioral Health can't unwind class certification in a lawsuit claiming it unlawfully imposed overly restrictive guidelines for coverage of residential mental health treatments, a California federal judge ruled, saying the group's parameters could be adjusted to meet a recent Ninth Circuit standard.
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April 15, 2025
Anthem Strikes Deal To End Mental Health Class Action
Anthem agreed to settle a class action from participants in employee health plans the insurer administered who alleged that coverage denials for inpatient mental health and substance use disorder treatments violated federal benefits and metal health parity laws, the parties told a New York federal court Tuesday.
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April 15, 2025
Research Co. Inks $7.15M Deal To End Stock Plan Suit
A genomic research company agreed to pay $7.15 million to resolve a suit claiming it shorted former workers enrolled in an employee stock ownership plan when it required them to sell their shares back to the company, according to filings in Massachusetts federal court.
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April 14, 2025
Giant Eagle Agrees To Settle Ex-Worker's ERISA Suit
Grocery store chain Giant Eagle Inc. has reached a settlement with a former employee resolving a proposed Employee Retirement Income Security Act class action accusing the company of wasting millions of dollars of retirement plan participants' funds, according to a notice filed Monday.
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April 14, 2025
Workers Want Countertop Co. Found Liable For Lapsed Benefits
Participants in a countertop contractor's employee benefit plan urged a Georgia federal court Friday to grant them a partial win in their proposed class action alleging All Concepts LLC, its related home services company and two of its fiduciaries' failure to send premium payments to insurers meant the plans couldn't pay their benefits.
Expert Analysis
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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.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.