Analysis

Fresh Angles On Display In ERISA Summer Filing Uptick

By Kellie Mejdrich

Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.

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3rd Circ. Backs Philly School In Worker's COVID Leave Suit

By Irene Spezzamonte

A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.

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Waste Management Cos. Must Face Union Benefit Funds' Suit

By Emily Brill

Two Boston-area waste management companies must face claims that they conspired to shortchange a pair of Teamsters benefit funds, a Massachusetts federal judge ruled Friday, tossing the companies' motion for summary judgment.

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Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

By Emily Brill

A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

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Another Investor Settles In $2.1B Danish Tax Fraud Case

By Anna Scott Farrell

A U.S. investor and two of his alleged pension plans have settled claims by Denmark's tax agency accusing them of participating in a $2.1 billion scheme that fraudulently claimed refunds on tax withheld from stock dividends, with a New York federal court dismissing the allegations.

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Boehringer Misused Forfeited Retirement Funds, Suit Says

By Patrick Hoff

Pharmaceutical giant Boehringer Ingelheim cost workers millions of dollars by using forfeited retirement plan funds to cover company contributions rather than administrative fees charged to participants, according to a proposed class action filed in Connecticut federal court.

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Troutman Adds Robinson Bradshaw Benefits Pro

By Christine DeRosa

Troutman Pepper Locke LLP has grown its tax and benefits practice group in North Carolina with the addition of a Robinson Bradshaw & Hinson PA attorney.

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Agentic AI Puts A New Twist On Attorney Ethics Obligations

As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

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Ex-Epstein Prosecutor Maurene Comey Sues DOJ Over Firing

By Emily Sawicki

Maurene Comey, a former Manhattan federal prosecutor who brought high-profile criminal cases against the likes of Jeffrey Epstein and Sean "Diddy" Combs, sued the Justice Department on Monday alleging her abrupt July firing came "solely or substantially" because she is the daughter of former FBI Director James Comey, a Trump critic.

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Feds Urge 3rd Circ. To Restore NJ US Atty's Authority

By Emily Sawicki

The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.

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Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

By Y. Peter Kang

A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

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Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'

By Bryan Koenig

A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.

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Stradley Ronon Aims To Toss Keesal Young's Poaching Suit

By Emma Cueto

Stradley Ronon Stevens & Young LLP has moved to nix a suit by California firm Keesal Young & Logan, saying its recruitment of 10 former Keesal Young attorneys was entirely above board and that the noncompete clauses in Keesal Young's partnership agreement were not allowed under California law.

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FTC Commissioner Says Antitrust Moment Has Been Building

By Matthew Perlman

Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.

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3 Law Firms Want Ford's 'Thermonuclear' RICO Suit Snuffed

By Linda Chiem

Knight Law Group LLP, the Altman Law Group and Wirtz Law APC have urged a California federal judge to dismantle Ford Motor Co.'s racketeering lawsuit accusing the firms of overzealous billing and conspiring to dupe unsuspecting clients in product liability and personal injury cases against automakers.

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Software Co. Defends Contempt Order Against Womble Atty

By Abigail Harrison

A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.

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BREAKING: DC Circ. Says Fed's Cook Can Keep Job For Now

By Jon Hill

A D.C. Circuit panel said Monday that Federal Reserve Gov. Lisa Cook can remain on the central bank's board while challenging President Donald Trump's effort to fire her, potentially clearing the way for her to participate in a key interest-rate policy vote this week.

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Senate Confirms Top Trump Economist To Federal Reserve

By Jon Hill

The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.

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DC Circ. Won't Stay District Court's Order On Quick Removals

By Jared Foretek

The D.C. Circuit declined to stay a district judge's suspension of specific U.S. Department of Homeland Security actions implementing expedited removal of noncitizen parolees Friday, saying that the government faces no irreparable harm from the order because it has separate, pre-existing regulatory authority to quickly deport parolees.

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Catching Up With Delaware's Chancery Court

By Katryna Perera and Jeff Montgomery

Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

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