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Employee Benefits Committee Newsletter

Issue: Summer 2016

About This Issue

Summer is obviously upon us. We have collectively survived both political conventions and both Shark Week and Sharknado Week. As this is not your editors' first rodeo, we shall leave it to our gentle readers to consider which shark-related exercise compares more favorably with which convention if any comparison is to be made at all. The Supreme Court has completed its work for the term with perhaps fewer than expected affirmations by an equally divided Court, but as usual, not without controversy. We may not know how next term will play out but we do know its time for the second 2016 edition of the EBC Newsletter. The continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings:

  • As is the custom when a U.S. Supreme Court seat is vacated we pause to reflect on the ERISA jurisprudence of Justice Scalia. Jim Nelson undertook that task stepping out of the Editors chair with the following offering: The Late Justice Scalia and the Development of ERISA Jurisprudence.
  • We asked contributors to give us their views on the New Fiduciary Rules:
    • The DOL Fiduciary Adviser Definition: A Primer on What it Means for You? by Jeff Mamorsky.
    • Department of Labor Final Rule on Fiduciary Investment Advice by John Barlow.
  • Several attorneys at Trucker Huss offer their insights on latest developments, including:
    • Form 5500 as a Compliance Tool: Changes Today, Changes Tomorrow, by Robert R. Gower.
    • Internal Revenue Services Provides Guidance on the Scope of the New Determination Letter Program for Individually Designed Plans by T. Katuri Kaye.
  • The ever popular As We Go to e-Press returns.
  • And, finally, when you attain a status like Elvis or Cher such that your colleagues in discussing your work all just refer to you by your first name and everyone knows who that is, you have to expect random birthday greetings from unexpected places so . . . . .

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. We close with the obligatory qualification that the views expressed by the authors are unlikely to be the views of all the individual editors, or reflective of the organizations with which the editors are affiliated or the ABA and from time to time may not even reflect closely held beliefs of the authors themselves.


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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