Michael A. Schloss
Of Counsel
Practice Areas
Biography
Michael is also a highly sought-after speaker on a wide range of topics relating to Title I of ERISA and DOL activities and is the recipient of multiple awards for his service at the DOL, including the prestigious Alan D. Lebowitz Award, recognizing managers and supervisors who exemplify dedication, a distinguished career of excellence and commitment to mentoring future leaders.
Publications
- DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets – Pensions & Investments, September 23, 2024 (PDF)
- BAE Beats 401(k) Plan Forfeiture Suit – planadviser, September 9, 2024 (PDF)
- 401(k) Forfeiture Lawsuit Wave Still Splashing West Coast – 401(k) Specialist, August 20, 2024 (PDF)
- Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases – PLANSPONSOR, August 20, 2024 (PDF)
- If You Cross-Trade Securities, Make Sure Not to Cross ERISA – Bloomberg Tax, March 8, 2023 (PDF)
- DOL Streamlines PTE Application Rule With New Requirements – Co-author, Bloomberg Law, February 29, 2024 (PDF)
- Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case – FleetOwner, December 15, 2023 (PDF)
- Merrill Edge in Hot Seat Over Rates Paid on IRAs – Financial Planning, December 14, 2023 (PDF)
- If You Buy Pension Risk Transfers, Don’t Buy a Pig in a Poke – Bloomberg Tax, August 10, 2023 (PDF)
- Pension Benefits at Yellow Corp. Secured by Teamsters Fund Bailout This Year – Pensions & Investments, August 1, 2023 (PDF)
- ERISA Allows Plan Fiduciaries to Pursue More Than Just Money – Bloomberg Tax, July 10, 2023 (PDF)
Education
- Benjamin N. Cardozo School of Law, New York, New York
- J.D. - 06/1987
- Yeshiva College, New York, New York
- B.A. - 09/1983
- Major: History
Bar Admissions
- Supreme Court of the United States of America
- California
- District of Columbia
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Northern District of California
- U.S. District Court Southern District of California
- U.S. District Court Eastern District of Wisconsin
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals 10th Circuit
Speaking Engagements
- Surviving the New DOL Game Plan for Prohibited Transaction Exemptions – Panelist, The Wagner Law Group Webinar, March 19, 2024, 12:00 – 1:00 PM (EDT) – Click here for recording
Sought-after speaker on a wide range of topics relating to Title I of ERISA and Department of Labor activities before a variety of audiences including:
- Administration on Aging
- Pension Rights Center
- The ESOP Association
- Financial Industry Regulatory Authority
- In-House Benefits Counsel Network (“IBCN”)
- American Bar Association sections and committees
- Mid-Sized Pension Management Conference
- American Society of Pension Actuaries
- Greater Valley Forge Human Resource Association
- Fordham International Derivatives & Risk Management Symposium
- The National Society of Compliance Professionals.
Honors
- U.S. Department of Labor Alan D. Lebowitz Award, 2019 - Award to recognize managers and supervisors who exemplify Alan Lebowitz’s dedication, distinguished career of excellence, and commitment to mentoring future leaders
Law Alerts
Update – Recent Developments in Forfeiture Cases
The Wagner Law Group continues to monitor the recent flood of “forfeiture” litigation. This alert is our sixth update reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses asserted against them and the court opinions deciding the...
Forfeiture Cases Update – BAE Prevails on a Motion to Dismiss
Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer contributions...
Forfeiture Cases – Update
Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer contributions instead of to reduce administrative...
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm, Michael Schloss was the Director of the Office of Enforcement at the U.S....
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly sought-after speaker on a wide range of topics relating to Title I of...