The Delaware Supreme Court has reinstated the groundbreaking compensation package Tesla provided to Elon Musk, finding that Musk met all required milestones over the six years since Tesla stockholders approved it in 2018. The package, valued at more than $56 billion, more than doubles the value of the equity now under Musk’s control. The case is In re Tesla Inc. Derivative Litigation, Case Numbers 534, 2024; 10, Read More
Fifth Circuit Considers Arbitration Clause in ERISA Claim
A Fifth Circuit panel asked a former employee of International Bancshares Corp. to explain why an arbitration clause shouldn’t govern his Employee Retirement Income Security Act (ERISA) class action case. The case is Paul Parrott v. International Bancshares Corp. et al., Case Number 25-50367, in the U.S. Court of Appeals for the Fifth Circuit. According to Paul Parrott, he didn’t consent to the arbitration clause Read More
ERISA Cases Seeking U.S. Supreme Court Review in 2026
The U.S. Supreme Court recently heard arguments in a withdrawal liability case involving the Employee Retirement Income Security Act (ERISA). Furthermore, two more petitions about ERISA matters are pending before the high court. U.S. Supreme Court Hears Arguments in Withdrawal Liability Case The U.S. Supreme Court recently heard arguments in an ERISA case with limited scope but high significance. The issues Read More
The Risks of Level-Funded Health Plans
Level-funded health plans are rising in popularity. Employers are gravitating toward the plans based on promises of consistent monthly payments, possible refunds, and fewer administrative responsibilities. Insurance companies market the plans as similar to self-funded plans in terms of cost efficiency, while guaranteeing fully insured premiums. However, the reality is that level-funded health plans pose risks to Read More
Texas Federal Judge Blocks Biden-Era EEOC and HHS Rules Against Christian Groups
A Texas federal judge has finalized a permanent injunction preventing the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Health and Human Services (HHS) from enforcing Biden-era rules against two religious groups. The Dr. James Dobson Family Institute and United in Purpose, two Christian organizations, previously successfully sued the agencies. Those groups claim that the federal Read More
IRS Issues Notice to Assist in Calculating the Qualifying Payment Amount for 2026
The Internal Revenue Service (IRS) has issued a notice providing the indexing factors that group health plans and health insurance issuers must use to calculate the qualifying payment amount (QPA) under the No Surprises Act (NSA). These factors apply to all items or services provided from January 1, 2026, through December 31, 2026, for purposes of sections 9816 and 9817 of the Internal Revenue Code (IRC), sections Read More
Employee Claims Discrimination After Netflix Termination Based on Vaccination Status
A former Netflix production executive has filed suit against the media company, claiming that her termination was retaliation for complaining about religious and sex discrimination rather than her refusal to get a COVID-19 vaccine. Shelley Stevens claims in her California state court lawsuit that Netflix violated state workplace gender bias, retaliation, and harassment laws by mocking the religious beliefs of the Read More
Oregon Sues Drug Companies and PBMs Over High Insulin Prices
The state of Oregon has filed a $900 million lawsuit against American insulin manufacturers and pharmacy benefit managers (PBMs). According to the lawsuit, drug manufacturers and PBMs colluded in violation of the state’s Unlawful Trade Practices Act to artificially inflate the prices of insulin and other life-saving diabetes medications, harming Oregon diabetics and their families. The lawsuit targets Novo Nordisk, Read More
Trans Eligibility, Federal Funding in Sports
Attorneys across the nation are watching for the outcome of a Title IX claim against the National Collegiate Athletic Association (NCAA) filed by cisgender college swimmer and activist Riley Gaines over transgender athlete participation. The case is Riley Gaines et al. v. NCAA et al., Case Number 1:24-cv-01109, U.S. District Court for the Northern District of Georgia. In September, a Georgia federal judge Read More
Despite Pressure from the White House, Drugmakers Increase U.S. Prices on 350 Prescription Drugs
Drug manufacturers have announced 2026 price hikes for at least 350 brand-name prescription drugs. While the number of drug price increases rose from 250 in 2025, the average price increase is about 4%, similar to the 2025 increases. The affected drugs include vaccines for COVID, RSV, and shingles, as well as the cancer drug Ibrance. At the same time, drug manufacturers announced cuts to nine drugs, including a Read More
