Department of Labor Supports Employers in Forfeiture Allocation Litigation
Department of Labor Supports Employers in Forfeiture Allocation Litigation - Marcia Wagner, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, September, 2025
Sophisticated Legal Solutions Boutique-Style Service
Court Reviews FMLA Employee Certification and Notice Requirements
In Jackson v. U. S. Postal Service, the Court of Appeals for the Sixth Circuit has ruled that a medical certification under the Family and Medical Leave Act (“FMLA”) does not create a “hard cap” on the amount of unforeseeable, intermittent FMLA leave that may be taken...
Employer May Not Unilaterally Impose Arbitration Requirement
In Platt v. Sodexo, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employer cannot create an arbitration requirement by unilaterally modifying an ERISA-covered group health plan. Instead, the employer must obtain consent from the relevant...
Blueprint for Success: Marcia Wagner’s Guiding Principles
Blueprint for Success: Marcia Wagner’s Guiding Principles - Marcia Wagner, Trailblazers Webinar by Income Conductor, Tuesday, September 30, 2025 - Click here for recording
“End Run” Around ERISA Remedies Not Permitted
In Orabona v. Santander Banks, the U.S. Court of Appeals for the First Circuit confirmed the extent of ERISA preemption over state laws. Law. ERISA generally preempts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” A...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk - Marcia Wagner, Stephen Wilkes and Seth Gaudreau, 401(k) Advisor, July-August, 2025
4 Appellate Arguments for Benefits Attys to Watch in Sept.
4 Appellate Arguments for Benefits Attys to Watch in Sept. - Andrew Oringer, Law360, August 29, 2025 (PDF)
14 Attorneys from The Wagner Law Group to be Recognized in 2026 Edition of The Best Lawyers in America©
14 Attorneys from The Wagner Law Group to be Recognized in 2026 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, August 21, 2025 (PDF)
Agencies Suspend Limited Duration Health Insurance Rules
In a Statement issued August 7, 2025, the Departments of Labor, Health and Human Services (“HHS”), and the Treasury (the “Departments”) have announced they will not enforce the current regulations for short-term, limited-duration health insurance contracts....
Envestnet’s Six-Year Legal Fight Over Software ‘Misappropriation’ Dealt Likely Major Blow After a Key Ruling
Envestnet's Six-Year Legal Fight Over Software 'Misappropriation' Dealt Likely Major Blow After a Key Ruling - Ari Sonneberg, RIABiz, August 20, 2025 (PDF)