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Benefits
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April 04, 2025
HHS Drops 11th Circ. Fight Over ACA Trans Rule Freeze
The U.S. Department of Health and Human Services agreed to drop its bid to overturn an order blocking it from enforcing regulations that extend the Affordable Care Act's anti-discrimination provisions to transgender individuals against Florida organizations, according to filings with the Eleventh Circuit.
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April 04, 2025
Ohio AG Takes Trans Care Limits Bid To State Justices
Ohio Attorney General Dave Yost has taken his bid to reinstate limits on gender-affirming care for transgender youths to the state's highest court and wants the law's enforcement to continue throughout his appeal.
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April 04, 2025
2nd Circ. Won't Revisit Benefit Math In Colgate ERISA Suit
The Second Circuit refused Friday to rethink the methodology Colgate-Palmolive must use to recalculate retirement benefits for pensioners who said they were underpaid to the tune of $300 million, saying the issues raised by the company had already been decided.
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April 04, 2025
No Basis To Upend Time Bar On Veterans' Claims, DOJ Says
Veterans challenging a federal appeals court's ruling that a six-year statute of limitations applies to retroactive combat-related special compensation that Congress has authorized can't show lawmakers intended otherwise, the federal government told the U.S. Supreme Court.
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April 04, 2025
Masimo Shareholder Vote Suit Against Founder Moved To Calif.
A New York federal judge has transferred to California Masimo Corp.'s suit against its founder over allegations he manipulated a shareholder vote at the medical technology company, finding that the "locus of operative facts" warrants the move.
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April 04, 2025
Pension Fund Miscalculated Co.'s $23M Exit Fee, Judge Says
A Teamsters pension fund erred when it determined that a concrete company owed $23 million for withdrawing from the plan, an Illinois federal judge ruled, saying an arbitrator needs to reassess the calculation and give the employer proper credit for other payments made.
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April 04, 2025
Pension Annuity Rulings Leave Attorneys Looking For Clarity
Benefits attorneys say they'll be watching the circuits, and perhaps the nation's highest court, for clarity after recent divergent decisions in cases accusing defense and aerospace manufacturer Lockheed Martin and aluminum giant Alcoa of violating federal benefits law by converting pension benefits into annuity insurance contracts.
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April 03, 2025
Optum, Express Scripts Want Judge Ousted From Opioid MDL
Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.
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April 03, 2025
TV Star Dr. Oz Confirmed As New Medicare, Medicaid Leader
The U.S. Senate on Thursday voted 53 to 43, along party lines, to confirm former talk show host and surgeon Dr. Mehmet Oz to be the next administrator of the Centers for Medicare & Medicaid Services.
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April 03, 2025
Home Depot Workers Must Pay $39K Costs In ERISA Suit
A Georgia federal judge has said Home Depot workers must pay more than $39,000 in legal fees to the home improvement retailer after the Eleventh Circuit affirmed a lower court's decision to end the Employee Retirement Income Security Act suit in Home Depot's favor in August.
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April 03, 2025
2nd Circ. Judge Thinks Drug Price Fight Sounds Like Antitrust
A Second Circuit judge on Thursday suggested that the federal government may be insulated from claims over its demand for lower prices for Medicare and Medicaid recipients, musing that Boehringer Ingelheim Pharmaceuticals Inc.'s constitutional challenge to an Inflation Reduction Act provision sounds more like an antitrust allegation.
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April 03, 2025
7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill
The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Ex-Weil Atty To Co-Lead Sidley's Employee Benefits Team
Sidley Austin LLP said Wednesday that a former Weil Gotshal & Manges LLP partner will co-lead its employee benefits and executive compensation practice from New York.
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April 03, 2025
Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas
Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
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April 03, 2025
2nd Circ. Revives IBM Retirees' Mortality Data Fight
The Second Circuit on Thursday reopened a proposed class action accusing IBM of shorting retirees on pension payments by using outdated mortality data, saying the trial court should've sought clarity about certain documents before tossing the case.
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April 02, 2025
Northrop Retirees Can Pursue Some Claims Against Committee
A California federal judge trimmed, but refused to throw out, proposed class action claims two Northrop Grumman Corp. retirees lodged against their former employer's pension plan administrator, saying the Employee Retirement Income Security Act is unclear if their claims fall outside its statute of limitations.
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April 02, 2025
Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights
The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.
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April 02, 2025
9th Circ. Gives Ex-CoreLogic Worker 2nd Shot At 401(k) Suit
The Ninth Circuit revived a suit Wednesday from a former CoreLogic worker who claimed the company stacked its retirement plan with costly and underperforming investment funds, ruling a district judge erred by tossing the case rather than giving the ex-worker a chance to revise his complaint.
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April 02, 2025
Amazon Worker Can't File Amended Military Leave Suit
It's too late for a former Amazon employee to add a claim that the company put up barriers for workers requesting active duty leave in her suit accusing the commerce giant of failing to fully provide the paid leave for service member employees, a New York federal judge ruled.
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April 02, 2025
'Ashamed' COVID Fraudster Asks To Keep Firefighter Pension
A former West Haven, Connecticut, municipal employee testified Wednesday that he is "ashamed" of stealing tens of thousands of dollars of COVID-19 relief money from the city, but he is asking a state court judge to prevent the attorney general's office from docking or revoking the pension that he separately earned as a New Haven firefighter.
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April 02, 2025
Cedars-Sinai To Pay $3M To End Retirement Plan Suit
Cedars-Sinai Medical Center Inc. has agreed to pay $3 million to resolve a suit from current and former workers claiming the healthcare system loaded down its $2 billion retirement plan with high fees and poor-performing investment funds, according to a California federal court filing.
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April 01, 2025
Tesla Asks Del. Justices To Undo $176M Atty Fee 'Windfall'
Tesla urged the Delaware Supreme Court on Tuesday to slash a $176 million attorney fee award granted as part of an excessive director compensation suit settlement, saying it amounts to a "windfall in a case that settled well before trial and after three years of only tepid litigation."
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April 01, 2025
7th Circ. Revives Officer's Back Pay Bid In ADA Row
The Seventh Circuit reinstated Tuesday a former corrections officer's back pay request that was rejected by a lower court after a jury found the county sheriff he worked for violated disability bias law by subjecting him to an unnecessary medical exam, but didn't owe him any damages.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Partially Faulting Airline For 401(k) ESG Focus Belies ERISA
A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.