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    September 06, 2023

    About This Issue

    Summer is in full swing and hotter than ever. Shark Week is in the rear view mirror with the long-awaited 10th Anniversary of the Sharknado franchise, “The Asylum,” in a theater near you. Speaking of sharks, the bloodsport politicos have morphed into will commence with the new Congress. We may not know how the next term will play out, but we do know it’s time for the Summer 2023 Edition of the EBC Newsletter. The continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings:

    • Mario Carswell, Andrew Hill and Alison Douglass provide their optics of ESOPs that describe the governing agencies’ enforcement measures without guidance in their article, “A Step Toward Guidance Instead of Regulation by Litigation in the ESOP Space.”
    • Richard S. Siegel takes a closer look at Braidwood Management Inc. v. Becerra, in which the plaintiff challenged preventive care mandates implemented by the Affordable Care Act as violating the U.S. Constitution and the Religious Freedom Restoration Act, in his article, “District Court Enjoins Agency Implementation of U.S. Preventive Services Task Force Recommendations, But Decision is Stayed Pending Appeal.”
    • Kimberly A. Jones, Monica A. Novak, John W. Fogarty and Emily A. Kile-Maxwell have compiled a recent look at plaintiffs’ challenges of fiduciary liability by plan fiduciaries in their roles of selecting 401(k) Plan investment options, including the seemingly benign Target Date Funds in their article, “Plan Fiduciaries Continue to Defeat BlackRock Target Date Fund Class Actions.”
    • Andrew Oringer offers a reprint of his May 16, 2023, article that spotlights the analysis of the evolution and expansion of the Department of Labor’s Fiduciary Rule in “The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL is Abandoned.”
    • Matthew Maloney offers a candid conversation with our own Assistant Secretary of Labor, Lisa Gomez, on her current EBSA initiatives, including responses to several direct questions, in “Fireside Chat with Assistant Secretary Lisa Gomez Recap and Follow-Up.”
    • The ever popular As We Go to e-Press.

    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 EBC Newsletter. They would also be delighted to discuss article ideas you may have and greatly appreciate all submissions. Those with thoughts on issues they would like to see addressed and/or interested in contributing an article should contact one of the editors listed in this publication. 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, but certainly not from the agency from which our neutral co-editor is employed, and from time to time may not even reflect closely held beliefs of the authors themselves.

    Note: If you are reading this from the Section webpage, 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. Update your account settings at My ABA (americanbar.org) or by contacting the ABA Service Center at [email protected] or 312.988.500 (Monday – Friday from 9:00 am – 6:00 pm ET).

    EBC Newsletter Co-Editors:
    Claire W. Bushorn Danzl, Employee
    Sarah D. Holz, Public
    Richard E. Nowak, Employer
    Douglas M. Selwyn, Union & Employee

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