Yogi Berra said it best – “it’s like déjà vu all over again.” In this instance, we’re talking about that sticky COVID-19 and all its variations that just won’t go away – despite our best efforts of re-opening civilization as we once knew it. Unfortunately, several long-standing programs, including the JCEB’s ERISA Basics National Institute, October 26-28, 2021, and Advanced ERISA Litigation Seminar, November 9, 2021, will once again be in virtual formats.
The Co-Chairs of the ABA Labor & Employment Law Section, Employee Benefits Committee (Cassie Springer Ayeni, Employee; John R. Harney, Union and Employee; Bruce Perlin, Public; and Stacey Cerrone, Employer) are in the planning stages for the February 2-5, 2022, EBC Midwinter Meeting to be held at the Hilton Riverside in New Orleans, Louisiana. Stay tuned for announcements from our Co-Chairs.
Sincere appreciation goes to Joanne Roskey of the Department of Labor, who served three years as Public Co-Chair and Aliya Robinson of The ERISA Industry Committee, who served two years as Employer Co-Chair, for their outstanding leadership during their respective terms of office.
We welcome Stacey Cerrone of Jackson Lewis as the new Employer Co-Chair and Bruce Perlin as the new Public Co-Chair, who will be the first to serve in this capacity from the Pension Benefit Guaranty Corporation. Both Stacey and Bruce began their terms September 1, 2021.
Newsworthy notes from the American College of Employee Benefits Counsel, Inc. (ACEBC®):
2021 Annual Meeting and Induction Dinner:
The ACEBC® Annual Meeting and Induction Dinner originally scheduled for October 2, 2021, at the Chicago Club was rescheduled due to the continued effects of COVID-19’s variants and will now be held at the conclusion of the 2022 EBC Midwinter Meeting in New Orleans on Saturday, February 5, 2022, at the World War II Museum in New Orleans, Louisiana.
Annual Ellen A. (Nell) Hennessy Moot Court Competition:
The 4th Annual ACEBC® Ellen A. (Nell) Hennessy Moot Court Competition was held virtually via Zoom March 27, 2021, under the leadership of John R. Paliga, PBGC; Professor Norman P. Stein of Drexel University, Thomas R. Kline School of Law; and Professor Regina T. Jefferson of The Catholic University of America Columbia School of Law. This year, eight teams competed for a total of $4,500 in prizes as they argued how to address statutes of limitation under ERISA and fiduciary breach claims for a committee’s failure to monitor during a claims administrator’s business interruption. The teams consisted of The Catholic University of America (2 teams); Drexel University; University of Cincinnati; University of Texas; University of Illinois; Northwestern/Georgetown; and University of Buffalo/Drexel.
The following generously gave of their time and talent by participating in this year’s competition:
- Team Coaches: Mark DeBofsky, Norm Stein, and Jim Wooten.
- Brief Scoring Judges: Judy Broach, Kyle Brown, Israel Goldowitz, Sara Pikofsky, Barry Salkin, Joseph Shelton, Diane Soubly, and Jeffrey Stein.
- Oral Argument Judges: Joni Andrioff, Mark Bodron, Phyllis Borzi, Denise Clark, Maya Crone, Henry Eickelberg, Tess Gee, Russell Greenblatt, Karen Handorf, John Harney, Kathy Moore, Anne Moran, Bruce Perlin, Robert Rachal, Susan Rees, Eric Serron, Howard Shapiro, Mary Ellen Signorille, Karen Suhre, Henry Talavera, and John Utz.
Final Round Judges: Phyllis Borzi, Mark Iwry, and Tom Reeder.
The winners were:
- Overall Best Team ($1,500): Drexel University Thomas R. Kline School of Law team of Katherine Bell, Kylie DeMaria, and Sara Salvo.
- Runner Up Team ($500): University of Texas School of Law team of Metzeri Camacho and Liliana Jayme.
- Best Oralist Award ($500): Katherine Bell, Drexel University Thomas R. Kline School of Law.
- Best Brief Award ($1,500): Drexel University Thomas R. Kline School of Law team of Natalia Morrone, Mary Clay, and Gregory Lebens-Higgins.
- Best Runner Up Brief ($500): The Catholic University of America Columbia School of Law team of Caleb Parker and Mary Delaney.
The 2022 Annual Ellen A. (Nell) Hennessy Moot Court Competition is scheduled to be held Saturday, February 19, 2022 at The Catholic University of America Columbia School of Law – however, in the unlikely event of a continued pandemic, the co-chairs of the Competition have already secured contingent plans for it to be held virtually Saturday, March 26, 2022. Please contact John Paliga at [email protected] or Norman Stein at [email protected] for questions or law school entries for next year’s competition.
Annual Simplification Award:
The ACEBC® also announced that it awarded Emily Spreiser of the Pension Rights Center the winning entry of the 2021 ACEBC®’s “Simplification Award” for original ideas to simplify the complex laws applicable to employee benefit plans. Ms. Spreiser is receiving the award for her proposal for, “Simplifying the QDRO Process Through Common-Sense Disclosure Rights for Former Spouses.”
We again defer our musings on these issues and others because it is time for the third 2021 edition of the EBC Newsletter. Our continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings in this edition:
- The Father–Daughter team of Mark Casciari, with Seyfarth Shaw LLP and Marie Casciari, with DeBofsky Sherman Casciari Reynolds P.C. brings us a collaborative article entitled “PREDICTING THE FUTURE COURSE OF EMPLOYEE BENEFITS LITIGATION” that offers a balanced view and trend lines of recent court cases affecting standing, preemption, arbitration, forum selection clauses, and strict statutory construction;
- Hillary Webb, with Slevin & Hart, P.C., probes the nuances of “California v. Texas: Supreme Court Finds No Standing for Plaintiffs to Challenge ACA Minimum Essential Coverage Provision;”
- Miguel Eaton, with Jones Day, writes a fascinating article on personal and challenging experiences during a successful career in “Diversity & Inclusion in Business Development: 5 Lessons Learned;”
- Alexander Vitruk, with Mayer Brown LLP offers his virtual view of “ERISA CYBERSECURITY: A NEW FRONTIER” in which the title provides a glimpse of the dangers we are facing in cyberspace and the effects on employee benefits;
- Marla J. Kreindler, William J. Marx and Elizabeth S. Goldberg, with Morgan, Lewis & Bockius LLP zeroed in on “TARGET DATE FUNDS: FACING INCREASING CONGRESSIONAL, REGULATORY, AND LEGAL SCRUTINY;”
- Briana M. Swift, with K&L Gates LLP, presents a timely and detailed article, “2021 Single Employer and Multiemployer Defined Benefit Pension Plan Provisions: The American Rescue Plan Act and Infrastructure Investment and Jobs Act” that also discusses how pension funding shortfalls of single employer defined benefit pension plans will be addressed, as well as providing grants and other financial assistance to insolvent multiemployer defined benefit pension plans; and
- The ever-popular “As We Go to E-Press” contains the co-editors’ best efforts to highlight other noteworthy developments in the world of benefits since the Spring 2021 edition of the Newsletter.
The members of the editorial board remain keenly interested in your feedback on whether they are capturing what you would like to see in your EBC 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 are invited to contact one (or more) of the editors.