Employee Benefits Committee Winter 2011 Newsletter | ABA Section of Labor & Employment Law

ABA Section of Labor and Employment Law


Employee Benefits Committee Newsletter

Issue: Spring 2013

Co-Chairs' Report on the Midwinter Meeting

Greetings from the co-chairs! This year's Midwinter Meeting in Charleston, South Carolina from February 20-23 was a success with over 240 EBC members, including 39 first-time attendees and 4 government fellows in attendance. We were pleased to have 18 government attorneys in attendance at this year's meeting, from several federal agencies having jurisdiction over various aspects of employee benefits. Keynote speaker for our program was Phyllis Borzi, Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA), and a long-time member of the committee. Labor & Employment Law Section Vice Chair Joyce Margulies, and Council Liaisons Joyce Mader, Geoff Weirich, and Ruben Chapa gave updates on the Section and Employee Benefits Committee accomplishments and initiatives. In addition to the Keynote Address from Assistant Secretary Borzi, we had over 60 members of our committee share their expertise on a variety of topics that focused on the cutting edge issues faced by employee benefits practitioners. Based on survey results, it looks like we had a good mix of litigation and compliance-focused panels and breakout sessions. We encourage you to give us your suggestions on how to improve our programming.

This year for the first time, we held a diversity luncheon which was attended by about 1/3 of all attendees. We thank panelists and EBC members Kelly Lawson, Miguel Eaton, and Marcelle Henry who led us in a lively discussion of best practices and the challenges of developing and maintaining a diverse workforce. We hope to build on this programming in the future. The Senior Editors of "the Book," aka Employee Benefits Law (written and edited by our committee and published by the Bureau of National Affairs), coming straight off the publication of the long-awaited Third Edition, discussed plans for development of upcoming supplements. The first supplement to the Third Edition of Employee Benefits Law is on schedule to be mailed in May as the 2013 Spring Supplement. It will cover case law through December 31, 2010 and will have some more current coverage. Thanks to the continuing dedication of the subcommittees and the senior editorial staff, the plan is to publish a 2013 Cumulative Supplement by the end of 2013. That supplement will cover case law through December 31, 2012 with some limited coverage of early 2013 final regulations and legislation.

Despite the raindrops, attendees enjoyed Charleston and networking at our receptions, first-time attendee breakfast, meet-the-leadership tea, constituency meetings, and women's luncheon. We would like to thank all of the firms who co-sponsored the meeting and contributed to the success of events. Your support helps make our Midwinter Meeting one of the best attended in the Section. We were sad to bid an early farewell to Employee Co-Chair (now Judge) Thomas Moukawsher who resigned his term after being nominated by the governor of Connecticut to serve as Superior Court Judge. Tom was sworn in on March 6. We know Tom will be a wonderful judge and wish him all the best on the bench. Todd Jackson is the new Employee Co-Chair and we look forward to working with him. If you were not able to attend the Midwinter Meeting this year, we hope to see you February 5-8, 2014 in New Orleans, and we encourage you to promote the Midwinter Meeting to your colleagues. Save the date!

Lisa M. Gomez, Union Co-Chair

Todd Jackson, Plaintiff Co-Chair

Karen E. Mock, Public Co-Chair

Robert W. Rachel, Employer Co-Chair

CONTENTS: Opening Page | When an ERISA Plaintiff Proves a Breach of Fiduciary Duty and a Loss to the Plan, Who Has the Burden of Proving (or Disproving) Causation? | Criminal Convictions and ERISA § 411 | The Patient Protection and Affordable Care Act, ERISA § 510 and the Next Generation of Benefits Litigation Concerns | The College of Employee Benefits Counsel Inducts New Members | Co-Chairs Report on the Midwinter Meeting | As we go to e-Press

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