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May 10, 2021 Issue: Spring 2021

About This Issue

Our Second Edition of 2021 follows the Employee Benefits Committee’s first virtual Midwinter Meeting. Thank you to our Committee Co-Chairs for organizing informative sessions, our panelists for your insights, and everyone for your patience and flexibility. As we close this chapter of our second COVID-19 winter and barrel ahead towards herd immunity, we are optimistic about what the future holds . . . maybe a return to in-person meetings before Tom Brady adds a seventh ring to his collection. Wherever you are in your Fauci Ouchie journey, we hope you find time to enjoy the offerings of our Spring 2021 newsletter:

  • The EBC Co-Chairs give us a snapshot of the 2021 Midwinter Meeting.
  • Hillary August and Joseph Lifsics attempt to take the guesswork out of 2020 DOL guidance and case developments with 2021: Plan Sponsor/Fiduciary Compliance Checklist.
  • Catherine Reagan and Brad Huss provide us with an overview of participant data claims in Participant Data: A Plan Asset or Fair Game for Recordkeepers to Use to Market Non-Plan Products?
  • Radha Pathak takes us through a brief background of the arbitration of ERISA claims in Mandatory Arbitration of ERISA Claims.
  •  Rachel Baker Mann, a 2021 J.D. Candidate from University of Pennsylvania Law School and winner of the 2020 ACEBC Writing Competition’s Sidney M. Perlstadt Memorial Award, submits her second article for the Newsletter in which she advocates for regulatory changes which will expand access to “ESG investing” for millennial retirement plan investors focused on sustainability and value-based investing in It’s Good for the Planet and It’s Good for Your Portfolio: Encouraging Millennial Participation in 401(k) Plans Through Lowering Barriers to ESG Investing.
  • The ever-popular “As We Go to E-Press” contains the co-editor’s best to highlight other noteworthy developments in the world of benefits since the Winter 2021 edition of the Newsletter.

The members of the editorial board are always looking for feedback on whether we are capturing what you would like to see in your Newsletter. If you have thoughts on issues you would like to see addressed in a future edition or are interested in contributing an article, please contact one of the editors. We would love to hear from you.