The Wagner Law Group | Est. 1996

Sophisticated Legal Solutions Boutique-Style Service


Barry Salkin concentrates his practice in ERISA and employee benefits law. He has significant expertise drafting, amending and negotiating various ERISA and employee benefit plans, including defined benefit pension plans, profit sharing plans, 401(k) plans, as well as qualified and non-qualified deferred compensation programs. He also has wide-ranging experience crafting group medical and health plans involving Health Care Reform, HIPAA, and COBRA. In addition, he has represented clients in ERISA litigation and audits.

His clients include multi-national corporations, closely-held companies, high-net-worth individuals, financial institutions, governmental agencies, investment groups, and tax-exempt organizations such as hospitals and physicians' organizations.

Barry also advises clients on all aspects of retirement plan tax-qualification requirements and the application of labor and securities laws and regulations to sponsors of employee benefit plans and executive compensation programs. Moreover, he has extensive experience in establishing, merging and terminating benefit plans and compensation agreements, and counsels clients on fiduciary responsibilities and prohibited transactions.

Prior to joining The Wagner Law Group, Barry served as counsel and senior attorney at leading law firms in Manhattan.


Publications & Media



Television Appearances

  • Discussing November 2, 2021 Law Alert by Jon Schultze, and Susan Rees, November 16, 2021 (PDF)
  • Service Provider Collaboration and the DOL’s Cybersecurity Guidance – Jon Schultze, Susan Rees, November 5, 2021 (PDF)


  • Harvard Law School, Cambridge, Massachusetts
    • J.D., MA - 1977
    • Honors: cum laude
  • Harvard University, Cambridge, MA
    • Ph.D. - 1974
    • Major: American History
  • Rutgers University, New Brunswick, NJ
    • B.A. - 1968
    • Honors: summa cum laude
    • Honors: Valedictorian
    • Major: History
  • Harvard University, Cambridge, MA
    • M.A. - 1969
    • Major: American History

Bar Admissions

  • New York
  • U.S. Tax Court
  • U.S. District Court Southern District of New York
  • U.S. Court of Appeals 2nd Circuit


  • Who's Who in America - Marquis Who's Who - As of 2020
  • Honored as a Founding Volunteer Attorney by Pro Bono Partnership at the 2017 Volunteer Recognition Event
  • Fellow of the American College of Employee Benefits Counsel, 2006 - Present
  • Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present
  • New York Super Lawyers List, 2011 - Present
  • Pro Bono Partnership Volunteer of the Year, 2010

Professional Associations

  • Member of the Journal of Pension Planning & Compliance Editorial Board
  • Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present
  • Member of the Editorial Advisory Board of Benefits Law Journal, June 2015 - Present

Law Alerts

The Retirement Security (Nee Fiduciary) Rule Rides Again

By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new regulation defining who is a fiduciary who provides investment advice...