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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Philadelphia, Insurer Settle Trans Firefighter's Surgery Suit
The city of Philadelphia, Independence Blue Cross and a firefighters union agreed to settle a transgender firefighter's suit claiming she was unlawfully denied coverage for facial feminization surgery, just weeks after a Pennsylvania federal judge refused to let the insurer out of the case.
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August 19, 2024
Adidas Boots Suit Over Rapper Ye's Allegedly Racist Remarks
An Oregon federal judge has dismissed, for now, a suit against Adidas AG, accusing the company of failing to disclose the potential damage caused by its partnership with musician Ye, formerly known as Kanye West, following allegations that the artist made antisemitic comments, saying none of the corporate statements challenged as misleading in the suit are actionable.
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August 19, 2024
4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row
A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Retirees Ask 2nd Circ. To Reboot IBM Pension Fight
A proposed class of IBM retirees alleging the business lowballed their pension payments by using outdated mortality data to calculate benefits urged the Second Circuit to revive its suit, arguing a New York federal court wrongly determined its claims were brought too late.
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August 19, 2024
9th Circ. Sends Northrop Pension Disclosure Row To Trial
The Ninth Circuit revived a class claim Monday from a group of Northrop Grumman retirees who said they were kept in the dark about how much they would get in pension benefits, ruling their allegations that the defense contractor shirked its disclosure duties were filed on time.
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August 19, 2024
Santos Admits Fraud: 'Betrayed The Trust Of My Constituents'
Former U.S. Rep. George Santos pled guilty in New York federal court Monday to juicing his election fundraising reports with fake donations to qualify for Republican Party support, charges that carry a minimum of two years in prison.
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August 17, 2024
George Santos To Plead Guilty Before Campaign Fraud Trial
Former U.S. Rep. George Santos has agreed to plead guilty to multiple criminal charges just weeks before his scheduled campaign finance fraud trial in New York federal court, Law360 learned Saturday.
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August 16, 2024
Intuit Decision Shows 401(k) Forfeiture Suits Gaining Traction
A California federal judge's recent decision refusing to toss a federal benefits lawsuit alleging Intuit misspent 401(k) plan forfeitures shows how a novel pleading under the Employee Retirement Income Security Act has gained a foothold in some district courts, attorneys say. Here's a rundown with attorneys on the Intuit ruling and what to expect as more large employers are being targeted with proposed class action litigation challenging 401(k) forfeiture spending.
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August 16, 2024
LifePoint Stiffed Workers On Retirement Savings, Suit Says
LifePoint Health Inc. cost workers millions by failing to use forfeited funds in the company's $2.4 billion retirement plan to cut expenses and instead used the money to subsidize its own contributions, according to a suit plan participants filed in Tennessee federal court.
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August 16, 2024
Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit
A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.
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August 16, 2024
Ga. BCBS Fights Hospital Remand Bid In Reimbursement Suit
A Georgia Blue Cross Blue Shield unit is fighting a California hospital's push to have a lawsuit seeking $905,000 in reimbursements sent back to a Georgia state court, arguing the hospital's state law claims are preempted by the federal Employee Retirement Income Security Act.
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August 16, 2024
6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row
The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.
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August 16, 2024
Workers Nab Class Status In Dish Network 401(k) Row
A Colorado federal judge granted a group of workers class certification in their suit alleging Dish Network mismanaged its retirement fund and cost participants millions in savings by failing to snip an underperforming Fidelity Freedom Fund target date suite from the plan.
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August 16, 2024
Ex-Genworth Financial Workers Nab Class Cert. In 401(k) Suit
A Virginia federal judge approved a nearly 4,000-member class of Genworth Financial Inc. 401(k) plan participants who claimed they lost millions of dollars in retirement savings because of underperforming BlackRock target-date funds, rejecting the insurance company's assertion that potential class members had conflicting interests.
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August 16, 2024
Breaks In Union Work Axed Mechanic's Pension, Judge Says
A longtime mechanic forfeited his union pension by taking two multi-year breaks from accepting union-covered work, an Illinois federal judge ruled, siding with a union pension fund in its dispute with the mechanic over his pension eligibility.
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August 16, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.
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August 16, 2024
Connecticut Legislation Passed In 2024: A Midyear Report
While Connecticut workers may rejoice over a major expansion of paid sick leave that will begin to roll out next year, businesses will need to spend some time and effort getting ready to implement the new law, attorneys told Law360.
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August 16, 2024
New Jersey Litigation Highlights Of 2024: A Midyear Report
A court's upheaval of New Jersey's longstanding "county line" ballot layout for the Democratic primary fueled both sides of the lively political aisle this year, while the same federal judge also riled the state's pharmaceutical hotbed by ending two challenges to Medicare's ability to negotiate drug prices. Here, Law360 looks at some of the notable cases so far in New Jersey.
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August 15, 2024
2023 Rule Revising Hospital Payments Struck Down
A Texas federal judge on Thursday sided with about a dozen hospitals challenging a federal regulation that they say will curtail their payments for treating low-income patients, declaring the rule unlawful and setting it aside.
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August 15, 2024
9th Circ. Judges Seem To Split On Wash. Abortion Coverage
A Ninth Circuit judge asked Thursday how a church could be harmed by a Washington law requiring employee health plans to cover abortions, since none of its workers had ever actually sought one, while another judge asked if tossing the case would slam the door on religious objections.
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August 15, 2024
Stop 'Pointing Fingers,' Judge Tells Blue Cross, Mich. Tribe
A Michigan federal judge on Wednesday urged counsel in a Native American tribe's lawsuit alleging Blue Cross Blue Shield of Michigan improperly billed for members' healthcare to heed his repeated advice and focus on the merits of the case, denying both parties' attempts to punish the other.
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August 15, 2024
Northeast Grocery Chain Escapes 401(k) Mismanagement Suit
The parent company of grocery chain Price Chopper defeated a proposed class action alleging it allowed its 401(k) plan to be bogged down with underperforming funds and excessive costs, with a New York federal judge ruling Thursday that workers hadn't provided enough detail to sustain their claims.
Expert Analysis
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What ESG Investing Ruling Means For Fiduciaries
A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How 2 Cases Could Undermine The Anti-ESG Movement
A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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SEC's Life Sciences Actions Utilize Novel Tools And Theories
Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Wilderness Therapy Ruling May Deter Broad Policy Exclusions
A Utah federal court's recent ruling in M.A. v. United Healthcare that an insurance policy exclusion for the adolescent behavioral health treatment known as wilderness therapy was ambiguous shows that blanket rejections can go too far, and may preclude new rationales for claim denials, says Mark DeBofsky at DeBofsky Law.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Cos. Must Show Discretion In Public Statements When Sued
A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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An Overview Of 6 PBM Bills Moving Through Congress
As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.