This decision affirms some key ERISA concepts that fiduciary committee members should consider and defendants should emphasize in nearly every lawsuit alleging fiduciary imprudence. The most important principle is that ERISA was designed to grant fiduciaries discretion in making decisions
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Paraquat MDL Lone Pine Order Creates New Hurdles for Nonsettling Plaintiffs
The multidistrict litigation (MDL) concerning paraquat-based herbicides — In re: Paraquat Products Liability Litigation, MDL No. 3004 (S.D. Ill.) — has become a focal point in mass torts. Thousands of plaintiffs allege that exposure to paraquat caused them to develop…
Seventh Circuit Finds that Private Right of Action for Do-Not-Call Violations Does Not Apply to Text Messages
The Seventh Circuit has become the first federal circuit court of appeals to address whether the TCPA’s Do-Not-Call provision, 47 U.S.C. § 227(c)(5), creates a private right of action for unwanted text messages, holding that it does not and that…
New York’s Beauty Justice Act: Sweeping Changes Proposed for Cosmetics and Personal Care Products
New York lawmakers are advancing the Beauty Justice Act, one of the most comprehensive state-level efforts in the country to regulate cosmetics and personal care products. For in-house counsel at cosmetics and personal care companies, the bill is worth tracking…
Defendants’ Alleged Self-Identification and the Rule 12(b)(6) Pleading Standard
The Northern District of California recently let most of a plaintiff’s TCPA claims survive a motion to dismiss, a timely reminder of the federal courts’ plausibility standard. The case is Koeller v. TD Synnex Corp., No. 26-1102, 2026 WL 1963045…
What’s the Catch? Interpreting the “Catch-All” Provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
The Supreme Court of Pennsylvania recently ruled that a product vendor’s silence is not deceptive when the vendor has no duty to speak. The “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) prohibits vendors of goods…
Southern District of Ohio Finds No Private Right of Action for Caller ID Violations
Among its various restrictions, the TCPA makes it unlawful “to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.” 47 U.S.C. § 227(e)(1). A single violation…
Transposing the EU’s New Product Liability Directive: A Member State Progress Report
Even in the areas where the Product Liability Directive aims for full harmonisation, the EU member states’ early legislative activity reveals notable differences in implementation. Companies should continue to monitor national transposition closely and begin preparing for the new regime.…
New Proposed Rules Would Allow Employers to Offer Fertility Benefits as “Excepted Benefits” Outside Their Major Medical Plans
On May 13, 2026, the Departments of Treasury, Labor, and Health and Human Services jointly published proposed regulations that would establish a new category of “limited excepted benefits” for fertility-related coverage under Employee Retirement Income Security Act of 1974 (ERISA),…
Minnesota Secure Choice: What Employers Need to Know as Compliance Deadlines Approach
By Cynthia Lee & Inés Sosa