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Pursuing Wellness: Steps Toward a Supportive Law Firm Culture (PDF)

"One year after the American Bar Association launched its seven-step pledge to improve mental health and well-being in the legal industry, this [article provides an update from one of] the law firms that were among the first to commit to the campaign.... Reed Smith's innovative Wellness Works included an intentional focus on addressing mental health and substance use issues as well as creating and sustaining a supportive workplace culture to help employees recognize and prioritize their personal well-being."

Meet the Law Firms Fighting 401(k), Health Plan Class Actions

"For the second year in a row, [Morgan Lewis & Bockius LLP is] the law firm getting the most ERISA class action business.... Dorsey & Whitney LLP follows closely in number of ERISA class actions.... Skadden Arps Slate Meagher & Flom has been hired to defend eight ERISA class actions in the past year.... Proskauer Rose LLP, Alston Bird, Groom Law Group Chartered, and Reed Smith LLP are defending seven class actions, respectively.... Steptoe & Johnson LLP was hired to defend six ERISA class actions.... O'Melveny & Myers LLP and Sidley Austin LLP are defending four class actions each."

New York City Expands Regs on Paid Prenatal Leave

"[T]hese city-level rules impose additional obligations on employers that exceed those required by New York State law and require immediate action by businesses in the Big Apple.... The new rules ... [require] that NYC employers: [1] Institute and distribute a written policy to employees ... [2] Notify employees of their outstanding prenatal leave balance in writing ... [3] Keep records of each instance of paid prenatal leave used[.]"

District Court Vacates 2024 HIPAA Reproductive Health Privacy Rule

"While the Reproductive Health Privacy Rule did not expressly require updates to BAAs, some HIPAA-regulated entities revised or amended agreements to address specific requirements related to reproductive health information. These BAAs may need to be revised yet again in light of the current state of the HIPAA Privacy Rule." [Purl v. HHS, No. 24-0228 (N.D. Tex. Jun. 18, 2025)]

Supreme Court Upholds Tennessee Ban on Gender-Affirming Care for Minors

"[At] present, 27 states have enacted some form of restrictions on gender-affirming care for minors, many of which have been challenged, and those challenges are currently making their way through the court system. To the extent pending federal litigation hinges on whether these laws violate the Equal Protection Clause or states look to federal comparisons to inform interpretations of their own state constitutions, ... some state governments will argue that the Supreme Court has now resolved this question, though these cases may raise additional arguments that will allow them to survive Skrmetti." [U.S. v. Skrmetti, No. 23-477 (S.Ct. Jun. 18, 2025)]

District Court Vacates 2024 Reproductive Health Privacy Rule

"Judge Kacsmaryk concluded ... that HHS exceeded its statutory authority when issuing the Reproductive Health Privacy Rule for three interconnected reasons ... [The] order immediately resets the compliance landscape for HIPAA-regulated entities, removing the additional legal layers HHS imposed on the sharing of reproductive health information." [Purl v. HHS, No. 24-0228 (N.D. Tex. Jun. 18, 2025)]

Fifth Circuit Grants En Banc Rehearing in Challenge to QPA Calculation Rules

"[T]he Fifth Circuit ... granted a request from plaintiffs ... to vacate and conduct an en banc review of an appellate panel's decision to uphold the government's methodology for determining QPAs and, by extension, compensation for out-of-network providers. If the Fifth Circuit rules differently, MCOs could again be thrown into limbo regarding how to appropriately calculate QPA rates." [Texas Medical Association (TMA) v. HHS, No. 23-40605 (5th Cir. Oct. 30, 2024; petition for rehearing granted May 30, 2025)] 

HHS Release Adds Details on Prices Manufacturers Are Expected to Offer Under MFN Drug Pricing Executive Order

"The Order applies to branded products without generic or biosimilar competition (presumably meaning marketed equivalent products).... The countries whose prices will be used to determine the MFN price are those in the Organization for Economic Cooperation and Development (OECD) having GDP per capita of at least 60 percent of U.S. GDP per capita ... The target prices that manufacturers will be asked to offer reflect current lowest prices in these countries, rather than prices somewhere between U.S. prices and those lowest prices in the other countries."

How Recent ERISA Decisions May Forecast Trends in Bad Faith Litigation

"New ERISA rulings hold that health plans breach their duties by sending denial letters that lack specific references to medical records, detailed explanations and particularized evaluations of the member's needs and by ignoring materials sent by providers during claims appeals By evaluating and addressing potential deficiencies now, health plans may be able to buttress their defenses to bad faith actions"

Loper Bright: Reshaping the ERISA Regulatory Landscape

"Loper Bright and Corner Post are already changing how courts handle challenges to ERISA regulations.... [A Texas District Court] applied Loper Bright to enjoin the effective date of a 2024 DOL rule that broadly redefines fiduciary under ERISA.... [Another District Court] agreed with the above analysis and enjoined the same rule.... However, Loper Bright is not without limits ... 2025 should see additional Loper Bright challenges."