Employee Benefits Committee Newsletter

Issue: Winter 2016

About This Issue

The days grow shorter and the holidays approach. Nature has blessed us all with unique local weather. The regular season of college football comes to an end, the championship playoff games begin and some of our thoughts turn to basketball. Meanwhile in the Southern Ocean the sailors in the Vendée Globe Les Sables d'Olonne round-the-world sailing race are strung out from Cape of Good Hope to Australia by the end of their 30th day at sea. All of which means that it is time for the final 2016 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:

  • Robert Rachal surveys the aftermath of the first district court decision upholding the fiduciary regulations in his article, "U.S. Department of Labor Wins Big in First Ruling on Its New Fiduciary Rule;"
  • Anthony F. Shelley and Michael N. Khalil provide an update on the availability of alternative pleading under ERISA Sections 502(a)(1)(B) and (a)(3);
  • The American College of Employee Benefits Counsel inducted its 2016 class of Fellows;
  • We have a brief preview of the Midwinter Meeting;
  • Message from New EBC Plaintiff Co-Chair Denise Clark;
  • We also have Sarah Johnson's Restaurant Review for the Austin meeting for those inclined toward planning their culinary adventures ahead of time; and
  • The ever popular As we go to e-Press is on hiatus while those in Washington sort out the election and await a new Administration.

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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