Employee Benefits Committee Newsletter

Issue: Summer 2015

About This Issue

Summer is obviously upon us. We congratulate the US Women's Soccer team on their World Cup win. The Supreme Court has completed its work for the term and as usual not without controversy. The Court obviously decided King v Burwell, and it is starting to appear that the next round of PPACA controversy may play out in the Department of Justice's antitrust division review of a number of large mergers. And, of course, near and dear to your occasionally edgy editors, the Court affirmed in Elonis v. United States that some sort of mens rea is required before one can be said to have issued a "threat" under 18 U.S.C. § 875. We still do not quite know what degree of intent beyond mere negligence is necessary but we do know its time for the second 2015 edition of the EBC Newsletter. The continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings:

  • We asked contributors Paul Mollica, Christopher Boran and Nicole Diller for their thoughts on Tibble v. Edison International and for some reason Paul chose the Plaintiff view and Nicole and Christopher offered the management view. The Star Trek pun reference to the Trouble with Tribbles having been previously deployed to great effect, our current authors were left to provide thought provoking perspectives and observations:
    • Tibble Makes Plan Fiduciaries Responsible for Periodic Review of Designation of Investments, by Paul Mollica
    • The Supreme Court Finds Ongoing Duty to Monitor Investments in 401(k) Plans by Christopher Boran and Nicole Diller
  • As this is the summer of sequels at the theater (with some faring better than others), your editors thought a return visit to the most recent version of the Rochow decision might fit the bill. As before, Todd Wozniak and Martina Sherman are our guides to Rochow II in their article: Sixth Circuit Determines that an Arbitrary and Capricious Denial of a Benefits Claim Cannot Support a Disgorgement af Profits Award under ERISA § 502(a)(3).
  • Jacob Richards offers his analysis of Sex Discrimination and Transgender Health Coverage.
  • The ever popular As We Go to e-Press returns.

The members of the editorial board remain keenly interested in your feedback on whether we are capturing what you would like to see in your newsletter. They would also be delighted to discuss article ideas you may have. Those with thoughts on issues they would like to see addressed and/or thoughts on articles should contact one of the editors.

Editors

Jim Nelson, Greenberg Traurig, LLP

Joanne Roskey, U.S. Department of Labor

Catha Worthman, Feinberg Jackson Worthman and Wasow, LLP

Doug Selwyn, Conner & Winters LLP

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