The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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TOP NEWS

Analysis

ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.

By Kellie Mejdrich

The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.

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BofA Says Northrop 401(k) Suit Toss Backs 4th Circ. Appeal

By Kellie Mejdrich

Bank of America urged a North Carolina federal court Friday to let it appeal an earlier decision denying dismissal of a proposed class action alleging forfeitures were misspent from workers' employee 401(k) plan, arguing a Virginia federal court's decision tossing similar claims against Northrop Grumman supported its bid.

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Divided DC Circ. Backs Trump's NLRB, MSPB Firings

By Braden Campbell

A split D.C. Circuit panel on Friday upheld President Donald Trump's firings of two labor agency officials in spite of their statutory job protections, saying they wield enough executive power that Congress can't restrict the president's authority to fire them.

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LITIGATION

Brief

Mortgage Insurer's $650K ERISA Deal Clears First Hurdle

By Grace Elletson

A North Carolina federal judge gave the initial nod Friday to a $650,000 deal a mortgage insurance company reached with a worker to close a proposed class action claiming the business didn't do enough to prevent a retirement profit sharing plan from facing a $1.3 million loss.

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10th Circ. Won't Stay Order In Union Early Retirement Case

By Emily Brill

A union pension plan must comply with an order compelling it to restore benefits to certain early retirees while it appeals the ruling that required it to do so, the Tenth Circuit held, denying the plan's request for a stay of the order.

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EXPERT ANALYSIS

10 Commandments For Agentic AI Tools In The Legal Industry

Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

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LEGAL INDUSTRY

US Lawyer Numbers Surge With Hefty 2024 Graduating Class

By Tracey Read

The number of U.S. lawyers showed marked growth for the first time since 2020, due to a 2024 graduating class that was nearly 12% larger than any other class since 2012, a study from the American Bar Association released Monday showed.

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Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.

By Jake Maher

Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.

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Conservative Justices Probe 'Husk' Of FTC Firing Protections

By Bryan Koenig

The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

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Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid

By Elliot Weld

The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.

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Carlton Fields Steps Aside In 'Irreconcilable' Miss America Case

By Emily Johnson

A Florida federal judge allowed Carlton Fields and its attorneys on Monday to withdraw from representing the plaintiffs in a dispute over the ownership of the Miss America pageant, after the firm said "irreconcilable differences" drew it to ask to step down.

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Jury Expert Sues Atty For 'Pirating' Her Jan. 6 Venue Report

By Matt Perez

A New Hampshire defense attorney representing a defendant charged for crimes related to the storming of the U.S. Capitol on Jan. 6, 2021, has been sued in D.C. federal court for allegedly stealing a copyrighted study analyzing attitudes in the jury pool of the District of Columbia.

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Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout

By Christine DeRosa

A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.

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Analysis

What To Do When Jurors Don't 'Trust The Science'

By Chris Villani

The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

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Brief

Senators Kelly, Slotkin Set Up Legal Defense Funds

By Courtney Bublé

After appearing in a video encouraging members of the military and intelligence community to not follow illegal orders, Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., have established legal defense funds.

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Defense Bill Includes Protections For Retired Justices

By Courtney Bublé

The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

ArentFox Schiff

Blitman & King

Carlton Fields

Chasan Lamparello

Clarick Gueron

Correia & Puth

Duncan Firm

Essex Richards

Gibson Dunn

Grealish & McZeal

Gupta Wessler

Haffner Law PC

Herrera Arellano

Holland & Knight

Ivey Barnum

Kaplan Kenegos

Kator Parks

Kluger Kaplan

Laredo & Smith

Martin & Bonnett

McGuireWoods

Milbank LLP

Morgan Lewis

Nelson Mullins

Robinson & Cole

Sheppard Mullin

Siro Smith

Tucker Arensberg

COMPANIES IN TODAY'S NEWS

Affordable Care LLC

American Bar Association

Apollo Global Management LLC

Bank of America Corp.

BlueCross BlueShield of Illinois

Carter’s Inc.

Deloitte Touche Tohmatsu Ltd.

Elliott Investment Management LP

Gallup Inc.

IDT Corporation

ITG Brands LLC

Intelligent Systems Corp.

International Business Machines Corp.

JPMorgan Chase & Co.

Johnson & Johnson

LexisNexis Legal & Professional

LinkedIn Corp.

Lux Research Inc.

McKinsey & Co. Inc.

Medline Industries Inc.

Meketa Investment Group

National Association for Law Placement Inc.

Northrop Grumman Corp.

Philo Inc.

Protect Democracy Project Inc.

R.J. Reynolds Tobacco Co. Inc.

RELX PLC

Reliance Standard Life Insurance Co.

Sears Hometown and Outlet Stores Inc.

Smart & Final Stores Inc.

Spectrum Management Holding Co.

Stanford University

Straight Path Communications Inc.

The Institute of Electrical & Electronics Engineers Inc.

Thomson Reuters Corp.

Twitter Inc.

Verizon Communications Inc.

Wells Fargo & Co.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

National Labor Relations Board

New York Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. Environmental Protection Agency

U.S. Senate

U.S. Supreme Court

U.S. Tax Court