ERISA Litigation & Trend Update

Fueled by the economic downturn, stock drop cases & ERISA class action lawsuits challenging 401(k) plan fees continue to create anxiety for plan sponsors as well as the investment professionals they rely upon for advice. The Deere case seemed to signal a new phase in which speculative claims would be dismissed before defendants incurred the heavy expense and liability associated with discovery and class certification. While some courts have followed Deere's lead, others have not. Based on decisions reported and cases proceeding to trial, this session will analyze the established principles as well as the unsettled issues. In addition to assessing the long-term threat posed by this type of litigation, we will discuss the best practices that have evolved in response.


Segment One
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Marcia Wagner
Managing Director
The Wagner Law Group

Marcia S. Wagner is a specialist in pension and employee benefits law. Ms. Wagner is also the principal of The Wagner Law Group, which she founded over 15 years ago. Marcia has practiced law for over twenty-five years and is widely recognized as an expert in a variety of employee benefits issues and executive compensation matters, including qualified and non-qualified retirement plans, all forms of deferred compensation and welfare benefit arrangements. She was appointed to the IRS Tax Exempt & Government Entities Advisory Committee, ended her three-year term as the Chair of its Employee Plans subcommittee, and received the IRS’ Commissioner’s Award. Ms. Wagner was also inducted as a Fellow of the American College of Employee Benefits Counsel. For the past four years, 401k Wire listed Marcia as one of the 100 Most Influential Persons in the 401(k) industry. She received the Top Women of Law Award in Massachusetts and is listed among the Top 25 Attorneys in New England by Boston Business Journal. Ms. Wagner has written hundreds of articles and 11 books about retirement and benefit plans. Marcia has been widely quoted in such publications as The Wall Street Journal, Financial Times, Pension & Investments, and more. She has also been a frequent guest on FOX Business, CNN, Bloomberg, NBC and other televised media outlets. Ms. Wagner is a summa cum laude and Phi Beta Kappa graduate of Cornell University and a graduate of the Harvard Law School.

For more information, call (617) 357-5200 or email:


C-SPAN, Washington Journal, Economy & Retirement Security
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