Thomas Clark
Chief Operating Officer, Partner
Practice Areas
- ERISA and Employee Benefits
- Executive Compensation
- Mergers & Acquisitions
- Fiduciary Compliance
- Litigation
- Bankruptcy & Restructuring
- Retirement Plans
Biography
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
- What does the Coming Election Mean for the Fiduciary Rule? – Tom Clark, National Association of Plan Advisors, August 26, 2024
- 12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© – EIN Presswire, August 15, 2024 (PDF)
- What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum – National Association of Plan Advisors, July 31, 2024 (PDF)
- Retirement Income Solutions in QDIAs: What Are the Impediments? – National Association of Plan Advisors, July 11, 2024 (PDF)
- (Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing – National Association of Plan Advisors, May 20, 2024 (PDF)
- Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! – National Association of Plan Advisors, April 7, 2024 (PDF)
- 401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ – PLANADVISER, February 27, 2024 (PDF)
- ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 – 401(k) Specialist Magazine, February 5, 2024 (PDF)
- New Fiduciary Rule Sent to OMB By Department of Labor – NAPA, September 9, 2023 (PDF)
- As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue – The Capitol Forum, April 10, 2023
- Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit – NAPA, April 4, 2023 (PDF)
- What to Love (& Fear) About SECURE 2.0 Now – NAPANET the Magazine, Spring 2023 (PDF)
- Case(s) in Point – NAPANET the Magazine, Spring 2023 (PDF)
- Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight – National Association of Plan Advisors, February 13, 2023 (PDF)
- Nine Attorneys from Wagner Law Group to be Recognized in 2023 Edition of The Best Lawyers in America© – EIN Newswire, August 18, 2022
- Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream? – Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
- The Democratization of Alternative Investments in 401(k) Plans – Thomas Clark, Jr., Lord Abbett, June 6, 2022 (PDF)
- Look Beyond the Label when Exploring ESG Investment Options – Lord Abbot, September 9, 2021
- Sponsors Have Many Considerations as PEPs Hit the Market – PLANSPONSOR, January 7, 2021 (PDF)
- Lessons From a Rare ERISA Excessive Fee Suit Summary Dismissal – PLANSPONSOR, October 8, 2020 (PDF)
- Salesforce Ruling Offers Key Lessons About Revenue Sharing, Fee Litigation – PLANADVISER, October 8, 2020 (PDF)
- Ex-Homebuilder Employees Seek Class Status In ESOP Suit – LAW360, September 17, 2020 (PDF)
- PANC 2020: Washington Update – PLANADVISER, September 16, 2020 (PDF)
- Proving Prudence-How a Plan Committee Defended Itself – National Association of Plan Advisors (NAPA), September 11, 2020 (PDF)
- Benefits Industry Newsmakers – BenefitsPro, September 7, 2020 (PDF)
- No ‘Earth-Shattering’ Retirement Proposals in Biden Platform – PLANASPONSOR, August 3, 2020 (PDF)
- Biden’s Plan to Shore Up Americans’ Retirement Builds on Status Quo – PLANADVISER, July 31, 2020 (PDF)
- No End in Sight for Business of ERISA Litigation – Pensions & Investments, July 13, 2020 (PDF)
- The Use of Participant Data for Provider Marketing Has Become a Hot Topic and a Potential Legal Risk – NAPA Net The Magazine, Summer 2020 (PDF)
- The Way to Win an Excessive Fee Suit – National Association of Plan Advisors, March 4, 2020
- Benefits Industry Newsmakers – BenefitsPro, February 12, 2020
- Tom Clark Takes on New Role – National Association of Plan Advisors, January 16, 2020
- Thomas E. Clark, Jr. Appointed as Chief Operating Officer of Leading ERISA Law Firm – EIN Pressswire, January 15, 2020
- Why These Teachers’ Retirement Plans Aren’t Making the Grade – Denton Daily, December 7, 2019
- How ‘2019 Excel’ Excelled; Record Attendance, Real Strategies at 401(k) Event – 401(k) Specialist, November 7, 2019
- 403(b) Litigation Driving Fiduciary-Role Awareness – Pensions & Investments, August 5, 2019
- Where Aggressive Changes Are Called For – The Washington Times, Jume 18, 2019
- Schlichter Seeks to Disqualify Wagner as Expert Witness – National Association of Plan Advisors, May 21, 2019
- DOL Guidance Down to Trickle; Enforcement Up – Pensions & Investments, April 29, 2019
- State Fiduciary Laws Could Add Advisor Aggravation, Lawyers Warn – CityWire USA, February 11, 2019
- It’s a Wrap: Excel 401(k) Conference Has Best Year Yet – 401(k) Specialist, December 11, 2018
- Trump’s DOL Keeping Enforcement Pressure Steady – Pensions & Investments, November 11, 2018
- How to Get a ‘Fiduciary Immunization’ Shot in the Arm – 401(k) Specialist, October 1, 2019
- Bright Lights, Big Ideas: 401k Leaders, Learners Link Up in Las Vegas – 401(k) Specialist, September 19, 2018
- New Service Will Aid in 401k Fiduciary Advisor Search – 401(k) Specialist, September 5, 2018
- Plan Advisors Face Litigation Landmines – NAPA Net, July 30, 2018
- Rules and Income and Cyber, Oh My! – NAPA Net, May 7, 2018
- DOL’s Clock Is Ticking on Whether to Appeal 5th Circuit Decision – NAPA Net, April 25, 2018
- 401(k) lawsuits being brought more aggressively against retirement plan advisers – Investment News, April 17, 2018
- DOL Increases Fines, Conducts Fewer Retirement Plan Audits – Employee Benefit News, April 16, 2018
- Caught in the Crosshairs of TCJA and Conflict of Interest: Meals and Entertainment – NAPA Net, March 21, 2018
- Parties of Interest Increasingly Being Tested in Plan Litigation – NAPA Net, April 17, 2018
- Are 401(k) advisers the next DOL targets? – Investment News, April 11, 2018
- Experts Share How Fees, Fiduciary, Technology Will Impact 401k Space – 401(k) Specialist, October 23, 2017
- The Current State of Retirement Plan Litigation – PlanSponsor, October 19, 2017
- Wagner Law Group attorney underscores: The fiduciary rule is in effect – PlanAdviser, October 18, 2017
- Most Employees Get No Advice on Retirement Accounts – WealthManagement.com, September 11, 2017
- Betterment’s Chief Gathers Experts for 401(k) Day – The 401(k) Wire, September 8, 2017
- Fiduciary Education is Key for Plan-Sponsor Investment Committees – Investment News, September 2, 2017 (PDF Version)
- NYU Retirement Plan Suit Trimmed by Judge but Moving Forward – Bloomberg BNA, August 28, 2017
- Paris, Plans and Plenty of 401(k) Fun – 401(k) Specialist, July 26, 2017
- Excessive Fee Litigation Latest ‘Darling’ of Plaintiffs’ Bar – NAPA Net, July 24, 2017
- Questions About 401(k) Litigation? – NAPA Net, July 17, 2017
- Summer Issue of Plan Consultant Now Online – ASPPA Net, July 11, 2017
- Guess Who’s Coming to the NAPA DC Fly-In Forum? – NAPA Net, June 23, 2017
- How Will Retirement Fit With Tax Reform? – NAPA Net, June 1, 2016
- New Speakers Confirmed for NAPA DC Fly-In Forum – NAPA Net, May 23, 2017
- Betterment for Business Banks on Fiduciary Boost – 401(k) Specialist, May 22, 2017
- Ready for a New Wave of Fiduciary Litigation? – NAPA Net, May 18, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – BenefitsLink, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Yahoo Finance, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – StreetInsider, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Econotimes, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Euroinvestor, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – SPi News, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Money News, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – StockGuru, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – EIN News, , April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – ForexTV, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – 4-trader, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Nasdaq, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – April 26, 2017
- OMB Finishes Review of Fiduciary Rule Delay Request – Think Advisor, February 28, 2017
- Google Exec Joins Betterment for Business’ Board Of Advisors – WealthManagement.com, February 21, 2017
- DOJ Files to Halt Thrivent Case Against DOL Fiduciary Rule – Think Advisor, February 17, 2017
- Law Dean Alexander Acosta Picked for Labor Secretary – National Law Journal, February 16, 2017
- Trump Nominates Acosta as Labor Secretary – Think Advisor, February 16, 2017
- DOL’s Retirement-Savings Rule Survives Another Court Challenge – National Law Journal, February 8, 2017
- The year in technology: Data tools, robo-advisers and telemedicine – Employee Benefit Adviser, December 13 2016
- Warning: Don’t Expect Revisions or Reversals in DOL Rule – ThinkAdvisor, October 24, 2016
- Fiduciary rule causing some advisers to reconsider comp models – Financial Planning, October 18 2016
- 401k Fiduciary Rule: ‘Everyone Shares The Blame’ – 401(k) Specialist, October 4, 2016
- Education, training programs crop up as DOL fiduciary rule looms – Investment News, September 19, 2016
- PANC 2016: The New Fiduciary Rule – Plan Adviser, September 15, 2016
- Morgan Stanley hit with $150 million 401(k) lawsuit for self-dealing and excessive fees – Investment News, August 19, 2016
- Expected Return Key to Pension Plan ESG Investments – Pension & Benefits Daily, August 2, 2016
- The Recent Wave of ERISA Litigation Is Turning into a Tsunami – 401(k) Advisor, May 2016
- The Evolution of ERISA Fiduciary Best Practices – Investments & Wealth Monitor, March/April 2016
- Money market funds come under fire in spate of 401(k) suits – Investment News, March 3, 2016
- Betterment’s 401(k) Platform Goes Live – WealthManagement.com, January 28, 2016
- Attorney Schlichter preps new round of 401(k) suits – Investment News, January 22, 2016
- 401(k) suit targeting Vanguard fees could support case for active funds – Investment News, January 12, 2016
- Fidelity targeted in another ERISA class-action suit – Investment News, December 17, 2015
- SEC expected to take big step in BP company stock lawsuit – Pensions & Investments, December 14, 2015
- Ascension pension settlement highlights vulnerability of ‘church plans’ – St. Louis Post-Dispatch, August 7, 2015
- Historic $62 Million Settlement on Behalf of Lockheed Martin Employees – Business Wire, July 20, 2015
- ERISA experts weigh in on Tibble victory – BenefitsPro, May 22, 2015
- Settlements offer lessons in breach suits – Pensions & Investments, February 23, 2015
- Regularly quoted regarding expertise in ERISA in publications such as Associated Press; Reuters; Bloomberg.com; Forbes.com; Pensions & Investments; BNA Pension & Benefits; Benefitspro.com; RIABiz.com
Published Articles
- Retirement Plans in Bankruptcy – Ivelisse Berio LeBeau, Israel Goldowitz and Jordan Mamorsky, Thomson Reuters Practical Law, November 5, 2021
- The Debate Over Plan Participant Data as ERISA Plan Assets – 401(k) Advisor, September 2020
- Year-End Plan Amendments – 401(k) Advisor, November, 2019
- Fiduciary Implications of Flexible Retirement Income Solutions – Franklin Templeton Investments, June 2018
- Published in the Journal of Pension Benefits; 401(k) Advisor; Plan Consultant
Speaking Engagements
- Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation – Panelist, NAPA D.C. Fly-In Forum, Washington D.C., July 30 – 31, 2024 – Click here for details
- Qualified Default Investment Annuities (QDIAs) – Start to Finish, Default to Payout – U.S. Department of Labor ERISA Advisory Council testimony, July 10, 2024
- Reimagining Retirement: Participant Data in Your Practice – Panelist, Endeavor Retirement live webinar, July 23, 2024 – Click here for recording
- Examining Increasing Health Plan Fee Litigation – Panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 – 3:00 PM (EDT) – Click here for details
- 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
- What does the Coming Election Mean for the Fiduciary Rule? – National Association of Plan Advisors (NAPA), August 26, 2024
- Look Beyond the Label when Exploring ESG Investment Options – Lord Abbot, September 9, 2021
Education
- 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
Honors
- Best Lawyers, 2021-2025