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Benefits
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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Circuit on Thursday reopened a proposed class action accusing IBM of shorting retirees on pension payments by using outdated mortality data, saying the trial court should've sought clarity about certain documents before tossing the case.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.
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April 01, 2025
Tenn. PBM Statute Conflicts With ERISA, Judge Says
Tennessee law requiring pharmacy benefits managers to accept "any willing pharmacies" into their network clashes with the Employee Retirement Income Security Act, a federal judge ruled, saying the state can't enforce its statute against McKee Foods Corp. or other plans governed by the federal benefits law.
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April 01, 2025
Printing Company Wins Suit Over $265M ESOP Sale
An Illinois federal judge tossed a former printing company executive's suit claiming the business could have gotten a better price when selling its shares held in an employee stock ownership plan, or ESOP, for $265 million, ruling his case lacks evidence of self-interest or sabotage.
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April 01, 2025
9th Circ. Urged To Keep Capital Group 401(k) Suit In Court
An employee retirement plan participant urged the Ninth Circuit to keep in court her proposed class action alleging 401(k) mismanagement by The Capital Group Cos., arguing a lower court correctly blocked an arbitration provision in the plan that waived statutory rights under federal benefits law.
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April 01, 2025
Former O'Hagan Meyer Partner Says Firm Owes Final Bonus
A former O'Hagan Meyer partner says the firm stiffed him out of a final $71,000 bonus upon his departure in 2022. He's seeking triple damages under Massachusetts' wage law.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
Alcoa Retirees, Unions Win Block On Health Benefits Cutoff
Aluminum producer Alcoa USA Corp. must provide lifetime healthcare benefits to a group of retirees who were represented by unions, an Indiana federal judge ruled, greenlighting an injunction that allows class members to retroactively seek payments for costs.
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March 31, 2025
Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says
A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.
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March 31, 2025
NJ Panel Denies Double Pay For Union In COVID Case
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Ex-Bridgewater Execs Forced To Arbitrate Discrimination Suit
A Connecticut federal judge on Monday agreed to force arbitration of a dispute from two former Bridgewater Associates LP executives alleging discrimination against the multibillion-dollar asset management firm.
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March 31, 2025
Alcoa Gets Pension Annuity Suit Thrown Out, For Now
A D.C. federal judge agreed to toss a proposed class action from Alcoa retirees who alleged the aluminum manufacturer put their pensions at unnecessary risk by converting their benefits into annuity insurance contracts, backing Alcoa's argument that the retirees lacked standing to sue.
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March 31, 2025
Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
Expert Analysis
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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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.