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Benefits
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February 10, 2025
NY Funds Say Paramount 'Bound' To Mull $13.5B Sale Option
Five big New York public pension funds argued in a newly unsealed Delaware court filing on Monday that a Paramount special committee breached its fiduciary duties by neglecting a $13.5 billion company sale offer and called for a Court of Chancery order compelling evaluation of the deal.
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February 10, 2025
6th Circ. Backs Electric Co. In Fired Ex-Exec's Severance Suit
The Sixth Circuit upheld the dismissal Monday of an ex-executive's suit claiming the American Electric Power Service Corp. owed him severance after he was fired for failing to tamp down on his assistant's excessive spending, stating the company showed he was ineligible for the extra pay.
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February 10, 2025
Home Generator Maker Beats Suit Over COVID Sales Bust
Power generator maker Generac Holdings Inc. and its top brass have beaten for now a proposed shareholder class action over Generac's alleged failure to keep up with a surge in business during the COVID-19 pandemic, with a Wisconsin federal judge saying, "misfortune does not necessarily equate with fraud."
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February 10, 2025
UnitedHealth Unit Inks $20M Deal To End DOL Claims Row
A UnitedHealth subsidiary will pay more than $20 million to settle the U.S. Department of Labor's suit claiming it violated federal benefits law and employer health plans' own policies when it summarily rejected claims for emergency room services and drug tests, according to filings in Wisconsin federal court.
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February 10, 2025
NJ Hospital Hit With Class Claims Over Retirement Plan Fees
A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.
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February 10, 2025
Charter Used Forfeited 401(k) Funds For Itself, Suit Says
Charter Communications Inc. cost participants in its $7.9 billion 401(k) plan millions of dollars by using funds forfeited by ex-workers to cover its own contributions to the plan rather than administrative expenses, according to a proposed class action filed in Missouri federal court.
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February 10, 2025
Court Won't Reinstate NLRB Brief In Newspaper Union Suit
A federal judge won't reinstate a brief stricken from the record in a dispute between the National Labor Relations Board and the publisher of the Pittsburgh Post-Gazette, saying Friday that the board had misinterpreted her courtroom's rules and procedures.
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February 07, 2025
Teamsters Pension Plan Overseers Skirt Mismanagement Suit
The caretakers of a Teamsters pension plan dodged a mismanagement lawsuit Friday, with a New York federal judge dismissing the plan participants' claims that the plan's trustees and advisers greenlighted risky investment decisions and hefty plan management fees.
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February 07, 2025
9th Circ. Backs Ex-Bank Auditor's $1.5M Retaliation Suit Win
The Ninth Circuit upheld a $1.5 million jury verdict in favor of a former bank auditor who claimed he was fired for flagging evidence of wrongdoing, finding evidence suggesting he was treated differently from other workers was enough to back up the jurors' decision.
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February 07, 2025
Chicago Hospital Network Inks $850K Retirement Suit Deal
A Chicago-area hospital system will pay $850,000 to settle an ex-worker's proposed class action alleging it violated federal benefits law by failing to leverage the size of its $1.8 billion employee retirement plan to lower recordkeeping fees, according to filings Friday in Illinois federal court.
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February 07, 2025
Wash. AG Sues To Block 'Hateful' Trump Transgender Edict
Washington, Minnesota and Oregon, along with three unnamed doctors, seek to block President Donald Trump's order targeting transgender youth and their medical providers, arguing in a complaint filed Friday in Seattle federal court that the Trump edict is unconstitutional, discriminates against transgender people and interferes with lifesaving healthcare.
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February 07, 2025
Okla. School District Settles Ex-Teacher's Military Leave Suit
An Oklahoma school district has agreed to pay a former music teacher $60,000 to resolve his suit brought by the U.S. Department of Justice claiming the district scuttled his employment contract for taking leave to serve in the U.S. Air Force Reserve.
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February 06, 2025
State AGs To Sue Over DOGE Access To Payment Systems
Over a dozen state attorneys general are set to file suit challenging Elon Musk and Department of Government Efficiency staffers' access to people's sensitive personal information through government payment systems, New York Attorney General Letitia James' office announced Thursday.
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February 06, 2025
9th Circ. Won't Revive Premera Teen Treatment Coverage Case
A Ninth Circuit panel on Thursday declined to renew a family's suit against Premera Blue Cross for refusing to cover extensive residential mental health treatment for a Washington teen, backing the insurer's determination that the treatment was not medically necessary.
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February 06, 2025
6th Circ. Uncertain If Health Plan Administrator Is A Fiduciary
A yacht-maker urged the Sixth Circuit on Thursday to revive its lawsuit accusing Blue Cross Blue Shield of Michigan of overpaying employee health plan claims so it could profit off of savings recovered later, but faced tough questions about whether plan administrator BCBSM was a fiduciary under federal benefits law.
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February 06, 2025
ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules
The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.
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February 06, 2025
GSK's Zantac Woes Gave Investors Heartburn, Suit Says
The maker of heartburn and acid reflux relief tablet Zantac has been hit with a shareholder suit in Pennsylvania federal court alleging that the company suffered stock price losses after it was revealed that for nearly 40 years the company knew that Zantac contained high levels of a cancer-causing compound.
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February 06, 2025
Yellow Corp. Scores Partial Win In $540M Pension Plan Row
Bankrupt trucking firm Yellow Corp. has secured a partial victory on summary judgment in a $540 million fight with several union pension funds, with a Delaware bankruptcy judge saying the funds set the company's withdrawal liability too high.
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February 06, 2025
Musk's Access To Records Blocked In DOGE, Treasury Suit
A Washington, D.C., federal judge on Thursday approved a consent order blocking Elon Musk and additional Department of Government Efficiency employees from accessing the federal government's payment systems, although a "special government employee" will have limited access as the Treasury Department and suing plaintiffs spar over a preliminary injunction.
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February 06, 2025
HP Defeats Ex-Worker's Suit Over 401(k) Forfeitures
A California federal judge dismissed a proposed class action claiming HP Inc. should have used forfeited funds in its 401(k) plan to pay down administrative fees instead of its own contributions, stating the former worker behind the case hasn't shown the tech company did anything wrong.
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February 06, 2025
Union Funds Call For Sanctions In CBA Fight With Crane Co.
Benefit funds for an Operating Engineers local asked a Michigan federal court to adopt a magistrate judge's recommendation of sanctions against a crane rental company in the parties' contributions spat, accusing the business of being "blatantly disingenuous" in its objections to her findings.
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February 06, 2025
Mobility Scooter Co. Gets Nod For $2.1M Deal In ESOP Fight
A Pennsylvania federal judge gave initial approval to a $2.1 million deal Thursday that would resolve a class action claiming a mobility scooter company invested funds from its employee stock ownership plan into dismally performing Treasury bills and cash equivalents.
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February 06, 2025
Steel Co., Ex-Worker To Settle 401(k) Mismanagement Suit
A steel manufacturer agreed to settle a proposed class action claiming it loaded its 401(k) plan with unreasonable fees and risky investment options, the worker leading the suit told a Florida federal court.
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February 05, 2025
Paramount-Skydance Merger Block Sought Pending Del. Suit
Five Paramount Global pension fund stockholders sought a preliminary injunction in Delaware late Wednesday seeking to block closing on the estimated $8 billion Paramount-Skydance Media merger pending a decision on a still-sealed Court of Chancery breach of fiduciary duty suit filed Tueday night.
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February 05, 2025
Trade Groups Urge PBM Crackdown By Trump, Congress
A coalition of industry trade groups sent letters Wednesday urging President Donald Trump and leaders in Congress to advance legislation reining in pharmacy benefit managers — which intermediate between drugmakers, insurers and pharmacies — in the next piece of federal government funding legislation.
Expert Analysis
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.