ERISA Law and ERISA Litigation
ERISA attorneys of The Wagner Law Group focus primarily on areas of the Employee Retirement Income Security Act (ERISA law) including pension, executive compensation and employee benefits, as well as ERISA litigation. We are one of the largest ERISA law practice groups in the nation, with clients across the U.S. and offices in Boston, San Francisco and the Miami and Chicago areas.
Our ERISA attorneys draw on their experience and expertise in helping organizations to minimize potential liabilities, while assisting with:
- Understanding ERISA: An array of factors influence the development, refinement and monitoring of employee benefits and executive compensation programs.
- Maintaining compliance: In order to remain compliant with current ERISA law mandates, employers today must be prepared to provide their workers with appropriate and cost-effective benefits that reflect changing economic and personnel factors.
- Staying up-to-date and current: Since the operation and maintenance of employee benefits plans can subject employers to significant liability, employers need guidance from professionals thoroughly versed in the ever-changing federal and state laws and regulations within which these programs operate.
- Design and implement programs: In short, we provide comprehensive services for planning, designing and implementing employee benefits and special compensation programs for organizations of all sizes and structures.
ERISA Law Areas of Practice
We focus on ERISA law matters involving:
- Defined benefit pension plans
- Profit sharing plans
- 401(k) plans
- Multi-employer plans
- Davis-Bacon plans
- Prototype plans
- "Cafeteria" plans
- Group medical and health plans (including Health Care Reform, HIPAA and COBRA)
- Qualified domestic relations orders
- Qualified medical child support orders
- Qualified and non-qualified deferred compensation programs
- Stock option programs and
- Other equity compensation arrangements, as well as a wide range of other fringe benefit matters
- ERISA litigation involving all of the matters above
ERISA Law Clients
Our clients include:
- Large, publicly-traded, multi-national corporations with operations across the United States
- Small closely-held corporations
- Major U.S. financial institutions
- Governmental instrumentalities
- Professional and trade associations
- Investment groups
- Prominent individuals
- Investment advisors and managers of employee benefit plans in connection with their investment activities in securities transactions, limited partnerships, joint ventures and real estate investments
- Tax-exempt organizations, especially hospitals and physician organizations and their affiliates
Our ERISA attorneys:
- Assist clients in structuring, as well as maintaining, employee benefit plans and executive compensation programs, and guide clients through complex financial transactions to assist them in attaining their objectives within the confines of the ERISA law and the Internal Revenue Code.
- Explain in easy-to-understand language tax-qualification and the application of labor and securities laws and regulations to sponsors of employee benefit plans and executive compensation programs.
- Help clients in all aspects of establishing, merging and terminating benefit plans and compensation arrangements.
- Develop transactional compliance systems for employers to assure compliance with ERISA law and the Internal Revenue Code.
- Advise clients on the application of the fiduciary responsibility and prohibited transaction provisions of ERISA law to various types of transactions and investments.
- Represent clients in obtaining requests for individual and industry-wide (class) exemptions from the prohibited transaction provisions of ERISA law.
Wagner Law Group has developed a fiduciary audit practice, reviewing the operations of clients in a variety of fields. We develop compliance systems for clients at all levels of sophistication and aid clients in self-evaluation to determine the viability of those compliance systems.
We also handle all aspects of executive compensation arrangements for a significant portion of our clients, including the design and implementation of equity and non-equity plans to comply with ERISA law and the Internal Revenue Code. A key aspect of this area is to develop plans which are designed to restore to executives the benefits curtailed by qualified plan limitations.
We have successfully represented clients before the U.S. Department of Labor, the Internal Revenue Service and the Pension Benefit Guaranty Corporation in audits, examinations and settlement negotiations.
ERISA Law Testimonials
"Having been around all types of benefits for 20+ years, both administering and negotiating them, I have had the opportunity to work with numerous ERISA counsel. Without hesitation, the most thorough, knowledgeable and adept is The Wagner Law Group. Marcia Wagner has assembled a staff that provides timely and expert service. I would utilize The Wagner Group again without a second thought."
Peter J. Sheil
Human Resources Director
Community Care Services
"In a financial industry filled with doubts, conflicted advice and charlatans, I have been able to find one clear voice that is able to give both honest advice and counsel to people who need to know what is true and how to proceed in the complex regulatory environment surrounding ERISA. Today more than ever, the Wagner Law Group is a firm you need to know."
Retirement Alliance, Inc.
"I highly recommend the Wagner Law Group to anyone looking for a high-quality ERISA/benefits law firm. I have worked with them since 2007 and am impressed by the staff, their diligence, their attention to detail and how they took the time to understand the needs of the two organizations which I've worked with when developing solutions for our companies and clients. The Wagner Law Group has been a key contributor to the rollout of a new Fiduciary Consulting program for the Retirement Plan Advisory Group's member firms, and this program puts us ten steps ahead of the marketplace in terms of ERISA consulting. Additionally, I appreciate Marcia's intelligence, her passion for the law and how she helps put me in a better position to succeed professionally. I've done due diligence on and worked with several ERISA firms across the country and can say that Marcia's, and the Wagner Group's, service and expertise are second to none."
Director, Practice Management
Retirement Plan Advisory Group
"The Wagner Law Group has vaulted into a recognized leader in the rarified atmosphere of forward thinking ERISA specialists. Wagner is among very few firms that are comfortable with settled regulation, new regulation and the barrage of ERISA changes that are in the pipeline."
Louis S. Harvey