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This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive benefits decision, an equitable ERISA claim for an administrator’s payment...

(Printable Version) OVERVIEW AND INTRODUCTION On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173. [1 ] EO 14173 explicitly and implicitly has ramifications for institutions of higher...

The FTC and DOJ have updated 2016 antitrust guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. Businesses and their HR personnel need to understand that the new guidelines are a source of explanation concerning how certain...

Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual property (IP) and legal compliance which organizations must navigate to fully...

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh recognized not all clauses warrant enforcement in Pierce v. FloatMe Corp., No. GD...

ALERT UPDATE: The Federal Trade Commission ("FTC") published the annual revision to the Hart-Scott-Rodino ("HSR") thresholds and filing fees on January 22, 2025. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act . The new thresholds and filing fee schedule...

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