A California federal judge threw out a proposed class action that accused HP of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, saying nothing in federal benefits law required the company to use the funds to cover plan expenses.
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THURSDAY, JUNE 20, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

HP Escapes 'Novel' 401(k) Suit Over Use Of Forfeited Funds

By Emmy Freedman

A California federal judge threw out a proposed class action that accused HP of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, saying nothing in federal benefits law required the company to use the funds to cover plan expenses.

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Milliman Wins 401(k) Mismanagement Suit After Trial

By Kellie Mejdrich

Consulting company Milliman Inc. prevailed over a class action suit alleging the company violated federal benefits law by keeping poorly performing investments tied to a financial subsidiary in its employee 401(k) plan, according to a California federal judge's order entered after a 10-day bench trial.

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Kohler Inks $2.45M Deal To Wrap Up Mortality Table Suit

By Grace Elletson

Kohler struck a $2.45 million deal that aims to beef up pension payouts for about 500 married retirees to end a proposed class action claiming the manufacturing company shorted couples on pension benefits through the use of outdated data, according to a Wisconsin federal court filing.

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DuPont, Corteva Must Face Pension Benefits Class Action

By Patrick Hoff

Chemical companies DuPont and Corteva can't escape a class action claiming they illegally stripped retirement benefits from hundreds of workers following a merger and subsequent spinoff, a Pennsylvania federal judge ruled, finding factual disputes that need to be sorted out at trial.

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ENFORCEMENT & COMPLIANCE

Brief

Ex-USC Linebacker Cops To Pandemic Unemployment Fraud

By Elliot Weld

A former linebacker for the University of Southern California football team pled guilty to fraudulently seeking over $1 million in pandemic-era unemployment benefits.

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LITIGATION

Va. City Can't Ax Atty's Wrongful Firing Suit Over FMLA Fraud

By Grace Elletson

A federal judge declined to toss an attorney's suit claiming the Virginia city he worked for illegally fired him and accused him of doctoring a medical form he needed to care for his sick mother, saying he showed the city may have stepped on his medical leave rights.

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Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight

By Dorothy Atkins

A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.

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Seattle Can't Stop Firefighters' COVID Vaccine Suit

By Greg Lamm

Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.

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Brief

BDO's $2.25M Deal Ending 401(k) Suit Gets Final OK

By Celeste Bott

An Illinois federal judge on Monday gave his final sign-off to a $2.25 million settlement accounting firm BDO agreed to pay to resolve a suit alleging the company failed to verify that retirement plan funds in an employee 401(k) were evaluated properly.

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EXPERT ANALYSIS

High Court's Abortion Pill Ruling Shuts Out Future Challenges

The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

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Emerging Trends In ESG-Focused Securities Litigation

Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

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Firms Must Rethink How They Train New Lawyers In AI Age

As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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LEGAL INDUSTRY

19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors

By Aebra Coe

A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.

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GOP Sens. Get Tough On 6th Circ. Nominee's History

By Courtney Bublé

Republican senators hammered Sixth Circuit nominee Karla M. Campbell, of counsel at Stranch Jennings & Garvey PLLC, during a hearing on Thursday about her political donations, past advisory roles and the process by which she was nominated.

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Brief

House Dems Ask Chief Justice To Say How He'll Review Ethics

By Courtney Bublé

Two top Democrats on the House Oversight and Accountability Committee asked Chief Justice John Roberts on Thursday how he's working to address the "glaring episodes" of ethical improprieties on the U.S. Supreme Court. 

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Attys Accused Of Judge Shopping Rebut Fraud Allegations

By Emily Sawicki

An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

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DLA Piper Accused Of Evading Order In Pregnancy Bias Case

By Rose Krebs

DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

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Attys In Chiquita Case Say Victims Can't Proceed Together

By Carolina Bolado

A longstanding rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

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Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul

By Aaron Keller

A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Arnold & Jacobowitz

Badham & Buck

Bainbridge Mims

Blank Rome

Boies Schiller

Byrnes Keller

Capozzi Adler

Cohen Milstein

Conrad & Scherer

Cooley LLP

Cooper & Kirk

Copeland Franco

DLA Piper

Dominick Feld

Edelson Lechtzin

Edward Stone Law

Farella Braun

Feinberg Jackson

Filer Palmer

Frith Anderson

Gibson Dunn

Goodwin Procter

Gordon Rees

Groom Law Group

Holland & Knight

Izard Kindall

James K. Green PA

Jenner & Block

Jonathan C. Reiter Law Firm

Kantor & Kantor

Kirkland & Ellis

Lichten & Liss Riordan

Lightfoot Franklin

McDermott Will & Emery

Mintz Levin

Morgan Lewis

Motley Rice

Reinhart Boerner

Sanford Heisler

Searcy Denney

Seyfarth Shaw

Sheppard Mullin

Shook Hardy

Siri & Glimstad

Stranch Jennings

Wigdor LLP

COMPANIES IN TODAY'S NEWS

Alliance Defending Freedom

American Airlines Group Inc.

American Arbitration Association

American Bar Association

American Civil Liberties Union

BARBRI

BDO USA LLP

BP PLC

Bank of America Corp.

Chiquita Brands International Inc.

Corteva Inc.

Dow Inc.

DuPont de Nemours Inc.

Enviva LP

Equifax Inc.

HP Inc.

Harvard University

Kohler Co.

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Matrixx Initiatives Inc.

Mattel Inc.

Microsoft Corp.

Milliman Inc.

Omnicare Inc.

Signet Jewelers Ltd.

Super Lawyers

The Clorox Co.

Thomson Reuters Corp.

Twitter Inc.

University of Southern California

Volkswagen AG

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

Equal Employment Opportunity Commission

Food and Drug Administration

Illinois Attorney General's Office

Judicial Conference of the United States

U.S. Attorney's Office for the Central District of California

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Treasury

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

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

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

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

U.S. District Court for the Middle District of Alabama

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

U.S. District Court for the Northern District of Illinois

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

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

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

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Eastern District of Wisconsin