Clients seek Dan Brandenburg for his extensive experience in and knowledge of pension and welfare benefit plans, executive compensation (including plans for tax-exempt organizations) and executive employment matters. He also has substantial experience with association-sponsored, member service programs.
Dan represents clients regularly before the Internal Revenue Service, the U.S. Department of Labor and the Pension Benefit Guaranty Corporation. He has particular expertise in aiding clients with voluntary compliance programs of the IRS and DOL, and in responding to audits and investigations initiated by IRS, DOL and PBGC.
Dan's practice also includes advising clients on the Affordable Care Act, corporate governance, international employee benefits, and labor and employment law as well as tax matters.
Prior to joining The Wagner Law Group, Dan was a partner at one leading law firm in Washington, D.C., and served as the managing partner at another leading Washington, D.C. firm.
US Department of Labor Announces New Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Record-Keepers and Plan Participants - ECFC Flex Reporter, June 2021
Seven Attorneys from The Wagner Law Group Named to 2020 Super Lawyers Lists - November 3, 2020
Benefits Industry Newsmakers - BenefitsPro, September 7, 2020 (PDF)
- Overview of IRS Notices 2020-29 and 2020-33 Covering Changes to Cafeteria Plans, Healthcare FSAs and Dependent Care FSAs - ECFC Flex Reproter, Volume 24, No. 2, June 2020
- 8 Executive Pay Considerations for an Economic Downturn - Co-author with Mark Poerio, Law360, January 14, 2020 (PDF Version)
- Executive Compensation Excise Tax: Who, What, and How Much? - American Society of Association Executives, November 12, 2019
- Association Health Plan Update - ECFC Flex Reporter, Volume 23, No. 2, June 2019
- PSNC 2019: Best Practices for Your Retirement Plan Committee - PLANSPONSOR, June 12, 2019
- Nonprofits Grapple With Shifting 457(f) Landscape - PLANSPONSOR, October 16, 2018
- Status of the DOL Fiduciary Conflict of Interest Rule as it Applies to HSAs that are Part of a High Deductible Health Plan - The ECFC Flex Reporter, Volume 21, Number 3, September 2017
- Postponement of the ERISA Fiduciary Rules on ERISA Investments Background and Possible Impact,The ECFC Flex Reporter, Volume 21, No. 1, March 2017
- Overview of the New Fiduciary Rule with Respect to Individual Retirement Accounts and Health Savings Accounts and its Effect on Employers and Advisors - American Bar Association’s Summer TIPS Employee Benefits Law Committee Newsletter, August 19, 2016
- The New ERISA Fiduciary Rules, Impact on HSAs and HSA Service Providers - ECFC Flex Reporter, June 30, 2016
- The Supreme Court Ruled on Health Reform – Now What Is An Employer to Do? - American Bar Association Employee Benefits Law Committee Newsletter, January 7, 2013
- A Hot Issue in Employee Benefits in America – The DOL Proposes an Expanded Definition of Fiduciary - International Pension Lawyer, Volume 73., October 21, 2011
Seminars and Webinars
- he SECURE Act and Spending Bills: Advice for Plan Sponsors and Service Providers - Dan Brandenburg and Dannae Delano, panelists, The Wagner Law Group FREE webinar, February 13, 2020, 1:00 - 2:00 PM (ET) - Recording available here - PowerPoint presentation available here
- Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives - co-panelist with Mark Poerio, The Wagner Law Group FREE live webinar, Janaury 22, 2020, 12:00 - 1:00 PM (ET) - Recording available here - Powerpoint presentation available here
- Best Practices for Your Retirement Plan Committee - Panelist, 2019 Plan Sponsor National Conference, June 7, 2019
- Flexible Benefits: Medical Savings Accounts, Paid Time Off and Other Tax-Preferred, Non-Pension Benefits - Speaker at the IPEBLA 17th Biennial Conference, May 19 - 22, 2019, Lisbon, Portugal - More details here
- The Wagner Law Group Employee Benefits Briefing - co-panelist, with Izzy Goldowitz, Canadace Quinn, Susan Rees and Stephen Wilkes FREE webinar, March 28, 2019, 1:00 - 2:00 PM (ET) - Recording available here - Powerpoint slides available here
- Tax Exempt Organizations: Governance, Design and Taxation of Executive Compensation - Dan Brandenburg and Mark Poerio, Free Webinar, October 16, 2018 - View Presentation Here
- Association Health Plans and Short-Term Limited-Duration Health Insurance – Dan Brandenburg, panelist on the Technical Advisory Group Rapid Response Panel at the 37th ECFC Annual Conference, March 14 -18, 2-18, Hyatt Regency Capitol Hill, Washington, D.C.
- More details here
- The Effect as of July 6, 2017 of the DOL Fiduciary Conflict of Interest Rule on HSA Custodians, Trustees and Fiduciaries of HSAs that are part of a High Deductible Health Plan, ECFC Teleconference Series, July 12, 2017 - Speaker
Memberships and Affiliations
- Vice-Chair – American Bar Association Employee Benefits General Committee – 2018/19
- Vice Chair for the Employee Benefits Committee of the Torts, Trial and Insurance Practice Section, 2010 - 2018
- Liaison to the Publications Committee for the Section of Taxation from the Employee Benefits Committee of the Section of Taxation, 2017-18.
- The District of Columbia Bar Association, 1975.
- Member, IRS Tax Exempt and Government Entities Employee Plans Mid-Atlantic Area Pension Liaison Group
- Charter Class of Fellows, American College of Employee Benefit Counsel.
- Employers Council on Flexible Compensation (ECFC) Flex Technical Advisory Council
- ECFC's Charter Class of Professionals Certified in Flexible Compensation Instruction
- Board of Trustees, Milton Gottesman Jewish Primary Day School of the Nation’s Capital, 2016 - Present
- LL.M. (Taxation), Georgetown University Law Center, 1978
- J.D., Georgetown University Law Center, 1975
- B.A., B.S., Rutgers University, 1972
- 2020 - Super Lawyers
- 2020 American Registry "Best of the Best" - America’s Most Honored Lawyers for 2020
- 2020 Washington D.C. SuperLawyers
- 2020 Top Rated Lawyer in Labor & Employment Law - Martindale-Hubbell
- 2001 - Present - Best Lawyers
- 2019 Top Rated Lawyer in Trust & Estates Law - The American Lawyer & Corporate Counsel
- 2019 Top Rated Lawyer in Labor & Employment Law - Martindale-Hubbell
- 2017 American Registry “Best of the Best”
- AV Peer Review Rated, Labor & Employment Law, Martindale-Hubbell
- Selected for inclusion in Washington, DC’s Super Lawyers, 2007 to present