We are pleased to present the second edition of the Benefits Litigation Update, a joint project of Epstein Becker Green ("EBG") and ERIC (The ERISA Industry Committee). With an increase in litigation related to the provision of employee benefits, employers need to be just as aware of what the Courts are doing as they are about Congress and the regulators. We hope you find the latest issue of the Benefits Litigation Update interesting and informative.

In this issue:

- A Short Message from ERIC President Scott Macey

- Practical Guidance for Employer Plan Sponsors from the Tussey v. ABB, Inc., Decision

- Why It May Be Important to Your Administration of Pension Plans for the Supreme Court to Decide If Section 3 of the Defense of Marriage Act Is Enforceable

- Subrogation: U.S. Airways, Inc. v. James E. McCutchen (3rd Cir. November 16, 2011)

- Forum Selection Clauses: Mozingo v. Trend Personnel Serv., Dkt. No. 11-3282 (10th Cir.)

- Judicial Deference: Frommert v. Conkright, Dkt. No. 12-67 (2d Cir.)