By Anne Tyler Hall and Tim Kennedy (April 17, 2025)
For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest
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Whistleblower Claims CVS PBM Overbilled Medicare Part D By As Much As $330M
Whistleblower Sarah Benke recently testified in a False Claims Act bench trial that Caremark, which is a pharmacy benefits manager (PBM) for Aetna Life Insurance Co., overbilled Medicare Part D for sponsored prescription drugs. She estimated that the CVS-owned PBM…
Episode 2: From Navy SEAL to Nonprofit GC: A Mission-Driven Legal Journey
Corporate America Seeks Balance Between Commitment to Diversity and Rejection of Official DEI Programs
Several large corporations like Target and Wal-Mart have rescinded their formal DEI programs in recent months, presumably to comply with mandates and warnings by the current federal government administration. Nonetheless, a recent report shows that while corporations may be backing…
Hospitals Increasingly Filing Antitrust Suits Against Blue Cross and Blue Shield Carriers
Large hospitals and health systems have filed a spate of antitrust suits against various Blue Cross and Blue Shield (BCBS) carriers, including Elevance Health and Health Care Service Corp. These plaintiffs in the recent lawsuits are those health system giants…
Federal District Judge Blocks Enforcement of Executive Orders Relating to Private Companies and DEI
A federal district court judge in Maryland has issued a preliminary nationwide injunction against several provisions in one of Trump’s executive orders related to diversity, equity, and inclusion policies at private companies. The court’s February 21, 2025, ruling in National…
HHS Issues Memo Rescinding 2022 Guidance on Gender Affirming Care
The U.S. Department of Health & Human Services (HHS) has issued a memorandum rescinding its 2022 guidance entitled “Rescission of ‘HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy’.” The rescission cites Section 5(b) of Executive…
Prohibitions on DEI Do Not Impact Title VII Protections
Over the past six weeks, Trump has issued a slew of executive orders (EOs) purporting to outlaw diversity, equity, and inclusion (DEI) programs of federal contractors, private companies, and colleges and universities. These EOs do not invalidate or affect existing…
Federal 340B Drug Pricing Program Failing Patients, Increasing Drug Costs
The American Benefits Council has released a new white paper calling for reforms to the federal 340B drug pricing program. According to the paper, the 340B program is failing to meet the needs of the patients that it was designed…
Federal Judge Refuses to Dismiss Retaliation Claims Over Sephora’s Hiring Practices
A U.S. District Court judge in Georgia has declined to partially dismiss a former store manager’s discrimination and retaliation claims against Sephora. Nixaliz Mestre, who is Latina, was terminated from the high-end beauty chain after refusing to prioritize white job…