LEL Flash | Issue: May 2013

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Flash Co-Chairs: Jeremy J Glenn, Meckler Bulger et al | Elana Hollo, National Labor Relations Board | Katherine Huibonhoa, Paul Hastings LLP | Amy F. Shulman, Broach & Stulberg LLP

Issue: May 2013

Comments from the Chair

The midwinter meetings of the Section of Labor and Employment Law involve our members in a wide array of legal education, social activities, business networking, and more. We discuss new developments in the law with the Government officials and leading experts involved in the issues. In receptions, private gatherings, on golf courses, tennis courts, and at poolside, we meet old friends, make new acquaintances, and engage with lawyers from around the Nation who may become advisors, clients, or adversaries in the ensuing months and years. These conferences enable us to grow personally and professionally, so we mark . . . [more]



Stewart S. Manela
Chair, ABA Section of Labor and Employment Law


Recent Developments in Federal Class Actions--Plaintiffs' and Defense Counsel Assess the Impact of the Supreme Court's Decisions in Comcast Corp. v. Behrend and Standard Fire Ins. Co. v. Knowles on Employment Class Actions

This term, through its decisions in Comcast Corp. v. Behrend and Standard Fire Ins. Co. v. Knowles, the Supreme Court has continued down the path set in Wal-Mart v. Dukes. The Court's decisions have potentially limited the tools used by plaintiffs' counsel to obtain early class certification and pressure defendants to discuss an early resolution. The universal lesson to be taken from both cases is that preparation and evidence is king. Plaintiffs must have solid evidentiary support earlier on in their cases to help ensure successful class certification and obtain their choice of forum. The practical effect of these decisions is that the costs of litigation may become . . . [more]

Section News

EEOC Diversity Luncheon: Discussions of Budget Hurdles and Enforcement Priorities with Hon. Jacqueline Berrien and Hon. Victoria Lipnic

When the Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Jacqueline A. Berrien, and EEOC Commissioner Victoria A. Lipnic sat down for an informal conversation regarding workplace diversity during the Diversity Luncheon at the National Conference on Equal Employment Opportunity Law, the dialog quickly moved to the possible effects of . . . [more]

Committee Midwinter Meetings 2014

The 2013 Committee Midwinter Meeting season has wrapped up for this year, but it's never too soon to save the dates for the 2014 Committee Midwinter Meetings on your calendar! As usual, the ABA Section's Midwinter Meetings will be loaded with substantive programs on hot topics, current developments and recent decisions, presented by experts in their respective fields. All committee Midwinter Meetings are eligible for CLE credit; some fulfill a year's requirement in many states.

January 23-25
State & Local Government Bargaining & Employment Law Committee (Westin Resort, Los Cabos, Mexico)

February 5-8
Employee Benefits Committee (Ritz-Carlton, New Orleans, Lousiana)

February 19-21
Federal Labor Standards Legislation Committee (TBD)

February 20-23
ADR in Labor & Employment Law Committee (Hilton Ft. Lauderdale, Ft. Lauderdale, Florida)

February 23-26
Committee on Development of the Law under the NLRA (TBD)

February 26-March 1
Committee on Practice& Procedure under the NLRA (TBD)

March 12-14
Railway & Airline Labor Law Committee (TBD)

March 18-22
Employment Rights & Responsibilities Committee (Westin Resort, Los Cabos, Mexico)

March 20-22
Ethics & Professional Responsibility Committee (Westin Resort, Los Cabos, Mexico)

March 26-29
National Conference on Equal Employment Opportunity Law (Presented by EEO Committee) (Westin Mission Hills Resort, Palm Springs, California)

April 27-May1
International Labor & Employment Law Committee (TBD)

Two Essential Treatise Supplements Now Available!

The Railway Labor Act, Third Edition, with 2013 Supplement

A complete, specialized resource on the structure and case law of the Railway Labor Act, the Third Edition incorporates the perspectives of management, union, and neutrals into an authoritative, easy-to-use text. Including more than 1,200 cases, this treatise is designed for negotiators and advocates, and presents expert analysis on each topic relating to the RLA.

The 2013 Supplement contains citations to and discussion of notable judicial, administrative, and legislative developments, including 2012 amendments to the RLA, the D.C. Circuit's Brotherhood of Railroad Signalmen v. Surface Transportation Board decision; the NMB's election interference decisions in cases arising from the merger of Delta Air Lines and Northwest Airlines; decisions addressing the interplay between claims under ERISA and the exclusive jurisdiction of RLA System Boards of Adjustment over minor disputes; and the D.C. Circuit's decision in Air Transport Association v. National Mediation Board.

This treatise is published in cooperation with the Committee on Railway and Airline Labor Law.

Employee Benefits Law, Third Edition, with Spring 2013 Supplement

The Third Edition offers detailed, careful analysis of ERISA Titles I and IV; rules of tax qualification, deductibility, and other key tax issues; and preemption, with regard to ERISA and medical malpractice and related claims; and benefits claims. The treatise discusses important cases such as CIGNA Corp. v. Amara, Conkright v. Frommert, Hardt v. Reliance Standard Life Insurance Co., and Metropolitan Life Insurance Co. v. Glenn, and provides coverage of the 2010 health care reform acts.

The Spring 2013 Supplement updates case law in the wake of the Supreme Court's decision in Metropolitan Life Insurance Co. v. Glenn, explaining those developments. It discusses the Moving Ahead for Progress in the 21st Century Act, which may affect certain interest-rate assumptions used by defined benefit plan sponsors and premiums owed to the Pension Benefit Guaranty Corp. It also discusses fiduciary cases related to employer stock and how investment losses should be calculated.

This treatise is published in cooperation with the Employee Benefits Committee.

Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following recent new editions: Elkouri & Elkouri: How Arbitration Works, Seventh Edition, Employment Discrimination Law, Fifth Edition, and Covenants Not to Compete, A State-by-State Survey, Eighth Edition.

For a complete listing of Section titles and discounted prices, and to order, visit www.bna.com/bnabooks/abale.

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