ERISA litigation often reflect changes in administration.
ERISA litigation will reflect the changes in administration and may reflect the loss of Justice Ruth Bader Ginsburg. In short order, the Biden administration charted a different course than the prior administration in Affordable Care Act litigation. Justice Sotomayor, succinctly summarized ERISA jurisprudence and the Court’s renewed understanding of the goal of ERISA “to make the benefits promised by an employer more secure by mandating certain oversight systems and other standard procedures." This white paper reviews the Rutledge Supreme Court decision and discusses the Supreme Court's reversal of the Fifth Circuit's invalidation of the Affordable Care Act.
Agenda
Faculty
Diane M. Soubly
Butzel Long
- At national firms in Chicago in Michigan, has provided legal advice and counsel to public sector and private sector employers, Board members, plan sponsors, plan administrators, plan fiduciaries, and plans as outside counsel
- Has cost-efficiently shepherded individual, multiple-plaintiff, and systemic civil rights agency charges
- Has successfully litigated (as lead counsel, co-counsel, local counsel, or team member) individual, multiple-plaintiff, and class actions and high-stakes litigation raising labor, employment, civil rights, employee benefits, ERISA, fiduciary duty, anti-cutback, executive compensation, federal preemption, business tort, health care, tribal, and cross-national issues
- Elected a Fellow in the College of Labor and Employment Lawyers, the American College of Employee Benefits Counsel, and the American Bar Foundation, and an invited member of the American Employment Law Council, has served on several Committees of the ABA Labor and Employment Section and is a past chair of the Reductions-in-Force and Plant Closing subcommittee and the Michigan ABA/EEOC Liaison Committee
- Former member of the American Benefits Council’s Board of Directors and he Council’s Legal Affairs Committee, serves on the Council’s Health Care Benefits Task Force
- An adjunct professor at Chicago-Kent College of Law for a decade, has created courses in Employee Benefits Law and Litigation; Tribal Law; Harassment, Bullying, Human Trafficking, and Gender Violence in the Workplace; and Privacy Rights in Employment
- Authored amicus briefs for such organizations as The U.S. Chamber of Commerce, the American Benefits Council, the HR Policy Association, and the National Association of Manufacturers
- Frequent presenter, has published hundreds of articles and numerous book chapters in national journals and treatises
- The Contributing Editor of the Benefits Law Journal, sits on the journal’s Editorial Advisory Board. With former EEOC Chair Gilbert F. Casellas, devotes many hours as the Co-Editor-in-Chief of the Bloomberg Workplace Harassment Law treatise, 2d Edition and its on-line up-dates)
- For 20 years, has served as outside general counsel to the Boston-based My Sister’s Keeper non-profit, a humanitarian organization formed to provide medical assistance and education-al services to the women and girls of Sudan human-trafficked after the genocides of their husbands, sons, brothers, and friends
- During and after the pandemic, found joy in creating a 450-book children’s library for the Turning Point, a 501(c)(3) non-profit with a community shelter and transition housing for survivors of domestic or intimate partner violence and their families
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