The Wagner Law Group | Est. 1996

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Thomas Clark

Chief Operating Officer, Partner


St. Louis

Practice Areas


Tom Clark is a partner in the Boston and St. Louis offices of The Wagner Law Group, a certified woman-owned law firm specializing in ERISA and Employee Benefits.  He also serves as the firm’s chief operating officer.  Tom’s expertise encompasses all aspects of employee benefits including the design, implementation, and compliance of retirement plans, health and welfare plans, and executive and incentive compensation arrangements.  He also has a robust practice assisting service providers such as investment advisors and third party administrators in meeting their ERISA compliance needs.  Tom’s vast litigation experience includes defending plan sponsors and service providers, and has included work on landmark ERISA cases such as Tibble v. Edison, which was decided by the U.S. Supreme Court.  He also regularly defends ERISA fiduciaries against investigations by the Department of Labor and the Internal Revenue Service, and is often retained to assist in resolving prelitigation disputes, thus avoiding the cost and uncertainty of a court battle. Since 2021, Tom has been recognized annually by U.S. News & World Report in its publication of The Best Lawyers in America© in the area of Employee Benefits (ERISA) Law.

Tom has been quoted extensively as an ERISA and employee benefits expert by outlets such as Reuters, The Associated Press, Bloomberg, and Forbes.  He regularly travels the country speaking to groups of up to 2,000 people about important ERISA and employee benefits topics.  Since 2013, Tom has taught ERISA Fiduciary Law as an adjunct professor at his alma mater, The Washington University in St. Louis School of Law. In 2022, he also began teaching ERISA Regulation of Retirement Plans at Boston University School of Law.

Articles Quoting Thomas E. Clark, Jr

Published Articles

Speaking Engagements

  • Examining Increasing Health Plan Fee Litigation – Panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 – 3:00 PM (EDT) – Click here for details and registration
  • Compare “Shuns”: Retirement Income Solutions – How to Compare – NAPA 401(k) Summit, Nashville, TN, April 7 – 9, 2024 – Click here for details
  • Suit “Routes”: Lessons Learned from Litigation – Panel Moderator, NAPA 401(k) Summit, April 3 -5, 2023 – Click here for details
  • Fiduciary Litigation Debate – DC Pension Geeks Podcast, March 20, 2023 – Click here for recording
  • Legislative Landscape — What’s Ahead – Tom Clark, co-panelist, 2022 National Association of Plan Advisors D.C. Fly-In Forum, Washington, D.C., July 26, 2022 – Click here for details
  • Electrifying Insights on E-Delivery – Thomas Clark, Jr., panelist, National Association of Plan Advisors (NAPA) free webcast, July 28, 2020, 2:00 PM (EDT) – Click here for details
  • ERISA Fiduciary Litigation – Speaker, NAPA 401(k) Summit, Loews Royal Pacific Hotel, Orlando, FL, April 26 -28, 2020
  • Retirement Plan Legislative & Regulatory Update – Speaker, TD Ameritrade National LINC 2020, January 29 – 31, 2020, Hyatt Regency Orlando, FL
  • Intro to Travel Hacking: Maximizing Airline and Hotel Points – Speaker, Excel 401(k): The Advisor’s Conference, October 27 – 29, 2019, The Gaylord Texan, Grapevine, TX
  • DOL Investigations – Interview by The 401(k) Study Group, October 16, 2019
  • Fall Benefits Briefing – Webinar panelists with, Izzy Goldowitz, Mark Poerio, Susan Rees, Stephen Wilkes, and guest, Chris Condeluci, The Wagner Law Group Free Webinar, September 25, 2019
  • Impacts of a Changing Environment: A Legislative, Regulatory and Fiduciary Update – Speaker, J.P. Morgan 2019 Defined Contribution Summit, May 22, 2019, New York, NY
  • Sue “Veneer”: What Advisors are Getting Sued About – Panelist, NAPA 401(k) Summit, April 7 – 9, 2019, Las Vegas, NV
  • ERISA Litigation Updates for Plan Sponsors – Speaker, Indianapolis Benefits Conference, March 19, 2019, Skyline Club, Indianapolis, IN
  • Retirement Plan Legislative and Regulatory Update – Speaker at TD Ameritrade’s 2019 National LINC Conference, February 6 – 8, 2019, Grand Hyatt, San Diego, CA
  • ERISA Litigation Against Advisors: Case Studies and How to Prepare – Speaker at Excel 401(k): The Advisors’ Conference, October 28-30, 2018, Las Vegas, NV
  • Proposed Retirement Plan Legislation: Plaintiff’s Bar and DOL Perspectives – Speaker at the NAPA DC Fly-In Forum, July 24-25, 2018, Washington, D.C.
  • Suit “Cases” – Lessons from 401(k) Litigation – Co-panelist at the 2018 NAPA 401(k) Summit, April 15 -17, 2018, Nashville, TN
  • Retirement Plan Legislative & Regulatory Update – Speaker at TD Ameritrade’s National LINC 2018 conference, January 31 – February 3, 2018, Orlando, FL
  • Current Status of the DOL Conflict of Interest Rule & Related State Initiatives – Webinar for the Financial Planning Association, August 17, 2017
  • You’ve Been Served: A Plan Sponsor’s Look into ERISA Litigation – Webinar for Sheridan Road Financial, July 27, 2017
  • DOL Fiduciary Rule Hot Topics – Speaker at the Sheridan Road 2017 Kohler Conference, June 25 – 27, 2017, Kohler, WI
  • ERISA Litigation and the Best Interest Contract Exemption – Speaker at the NAPA DC Fly-in Forum, July 18 -19, 2017, Washington D.C.
  • ERISA Litigation – Speaker at Plan Sponsor Council of America 70th Annual National Conference, May 2 – 3, 2017, Chicago, IL
  • 2015 Unified Trust Advisor’s Conference – Speaker
  • 2015 National Association of Pension Administrators (NIPA) Annual Conference – speaker
  • Presented ERISA topics to 2013 & 2014 Center for Due Diligence Conference, Charlotte CEBS, Employee Benefits Association of St. Louis, Nationwide Insurance, C-Biz Retirement and J.P. Morgan Retirement

Television Appearances


  • Notre Dame Law School, London
    • 2005
  • Washington University School of Law, St. Louis, Missouri
    • LL.M. - 2008
    • Major: Taxation, Employee Benefits Focus
  • Washington University School of Law, St. Louis, Missouri
    • Juris Doctorate - 2007
  • The College of New Jersey, Ewing, New Jersey
    • B.S. - 2004
    • Honors: cum laude
    • Major: Economics

Bar Admissions

  • Missouri
  • Illinois
  • U.S. District Court Southern District of Illinois
  • U.S. District Court Eastern District of Missouri
  • Massachusetts, 2021

Professional Associations

  • American Bar Association, 2008 to Present
  • Missouri Bar Association, 2008 to Present
  • Employee Benefits Association of St. Louis, 2013 to Present
  • Friends of Arch Grants, Founding Board Member, 2013 to Present


  • Best Lawyers, 2021-2022