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December 22, 2023

About This Issue

As we approach a new year, 2024 offers another opportunity to once again attend the Employee Benefits Committee Midwinter Meeting – where we will again be in beautiful San Diego from January 31 through February 3, 2024.  A preview of the Midwinter Meeting by the Co-Chairs is contained in this Issue of the Newsletter. This is the last Issue of the Committee Newsletter for calendar year 2023 and it includes a variety of additional articles addressing some key issues and developments in the benefits world, including:

  • Eric W. Gregory of Dickinson Wright PLLC provides a Deep Dive into IRS’s 2023 Proposals and Fiduciary Litigation Trends into Mastering Retirement Plan Forfeitures. 
  • Brendan Mohan, 2024 J.D. Candidate at The University of Akron School of Law presents the ACEBC® Alvin D. Lurie Memorial Award-Winning article from the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization including a comprehensive overview of the effects of the decision on employee benefits for millions of American workers.
  • Jonathan Nickas provides the ACEBC® Sidney M. Perlstadt Memorial Award-Winning article on the proper treatment of nonqualified deferred compensation liabilities assumed by the purchaser within the sale of a business in the Seventh Circuit case of Hoops, LP, v. Commissioner. This article was initially written while he was a 3L at New York University School of Law.  Mr. Nickas is now with Cravath, Swaine & Moore, LLP.
  • Jenny Arnold provides some insight into her ascension to leadership in the EBC for a three-year term as the new Union Co-Chair succeeding John Harney.
  • Clarissa Kang also pens her leadership rise in the EBC for a two-year term as the new Employer/Management Co-Chair succeeding Stacey Cerrone.
  • The EBC Co-Chairs have submitted a preview of the 2024 Midwinter Meeting.
  • The American College of Employee Benefits Counsel, Inc. held its Twenty-Third Annual Induction Ceremony and Dinner this November.  We have listed each of the 11 inducted new Fellows to the College.  We also list the winners of the 2023 Moot Court Competition, Writing Competitions and Simplification Award.  A notice for the 2024 Writing Competition is included in this Issue as well.
  • The ever popular “As We Go To E-Press” returns.
  • Finally, we would like to introduce the newest EBC Newsletter Co-Editor to the team: Mark Thomson with Engstrom Lee LLC, a plaintiff-side firm in Minneapolis, Minnesota.

The Co-Editors of the Newsletter remain keenly interested in your feedback on whether we are capturing what you would like to see in your Newsletter. We would also be delighted to discuss any article ideas you may have and greatly appreciate all submissions. If you are interested in contributing an article or have thoughts on issues you would like to see addressed in a future edition, please contact one of the editors. We would love to hear from you.

Note: If you are reading this from the ABA website, please remove any restrictions on your email preferences on your ABA Member account settings if you would like to receive the Newsletter and other notices directly from the Section via email when they are published. 

EBC Newsletter Co-Editors:

Sarah D. Holz
Richard E. Nowak
Douglas M. Selwyn
Mark Thomson

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