Companies are increasingly embracing return-to-office (RTO) mandates, but new SHRM research and data reveal an unexpected consequence of those mandates. The incidence of uncivil acts occurring in the workplace is substantially higher for employees whose employers have issued RTO mandates. According to the SHRM Q1 2025 Civility Index, employees at companies with RTO mandates reported 63% more acts of workplace Read More
April 2025 | Law360 Article Highlights Fiduciary Risk in PBM Contracts
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Bipartisan Duo Introduces New Version of PBM Reporting Bill
Two lawmakers from opposite sides of the aisle have revived a version of the pharmacy benefit manager (PBM) reporting bill from the 118th Congress. That bill came close to passage last year but faced criticism from Elon Musk, who ultimately tanked the much larger bill in favor of an abbreviated spending package. Rep. Erin Houchin (R-Indiana), and Rep. Joe Courtney (D-Connecticut), have now introduced the Hidden Read More
EEOC and DOJ Issue Guidance on DEI-Related Discrimination at Work
The U.S. Equal Employment Opportunity (EEOC) and the Department of Justice (DOJ) have issued two technical assistance documents entitled: “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work.” Although these documents do not establish any new legal rights or causes of action, they clarify employee protections under Title VII of the Read More
How Plan Sponsors Can Mitigate Risk In PBM Contracts
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 standard of care recognized under the law. Fiduciaries must ensure that every decision regarding a benefit plan is made with the care, skill and diligence that a Read More
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 caused $240 to $330 million in damages by billing Medicare for reimbursement amounts that were higher than it paid pharmacies for the covered Read More
Episode 2: From Navy SEAL to Nonprofit GC: A Mission-Driven Legal Journey
Listen to the Podcast Episode on Episode Summary: In this episode of In-House Counsel and HR Perspectives, host David Hall welcomes Tim Phillips, Chief Legal Officer at Habitat for Humanity International and General Counsel for the Navy SEALS Foundation. With a background that spans Naval Special Warfare, big law, and executive legal leadership at major nonprofits like the American Cancer Society, Tim Read More
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 away from official DEI programs, they continue to embrace DEI principles in a less obvious manner. Recruiting firm BarkerGilmore Read More
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 that opted out of the $2.8 billion antitrust settlement that BCBS agreed to last fall. They had until March 29, 2025, to reject the settlement and file Read More
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 Association of Diversity Officers in Higher Education v. Trump, No. 1:25-cv-00333 (2025), prevents the Trump administration from enforcing Read More
