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The Wagner Law Group
The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, estate planning, employment, labor and human resources, investment management, immigration and family law.

Established in 1996, The Wagner Law Group is dedicated to the highest standards of integrity, excellence and thought leadership and is considered to be amongst the nation's premier ERISA and employee benefits law firms. The firm has eight offices across the country, providing unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide. The Wagner Law Group's 33 attorneys, senior benefits consultant and seven paralegals combine many years of experience in their fields of practice with a variety of backgrounds. Nine of the attorneys are AV-rated by Martindale-Hubbell and six are Fellows of the American College of Employee Benefits Counsel, an invitation-only organization of nationally recognized employee benefits lawyers.  Five of the firm's attorneys have been named to the prestigious Super Lawyers list for 2017, which highlights outstanding lawyers based on a rigorous selection process. The Wagner Law Group is certified as a woman-owned and operated business by the Women's Business Enterprise National Council.
Contact Info
The Wagner Law Group
  Integrity | Excellence
Tel: (617) 357-5200 
Fax: (617) 357-5250 
99 Summer Street 
13th Floor
Boston, MA 02110

Washington, D.C.
Tel: (202) 969-2800
Fax: (202) 969-2568
 800 Connecticut Avenue, N.W.
Suite 810
Washington, D.C. 20006

Tel: (847) 990-9034
Fax: ( 847) 557-1312
190 South LaSalle Street
Suite 2100
Chicago, IL 60603
Palm Beach Gardens 
Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418
Tel: (813) 603-2959
Fax: (813) 603-2961
101 East Kennedy Boulevard
Suite 2140
Tampa, FL  33602 
San Francisco
Tel: (415) 625-0002
Fax: (415) 358-8300
300 Montgomery Street
Suite 600
San Francisco, CA 94104
St. Louis
Tel: (314) 236-0065
Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119

Tel: (617) 532-8080
Fax: (617) 532-9090
55 Old Bedford Road
Lincoln, MA 01773

Leading Attorney Marcia Wagner's Testimony
Cited by Court as Crucial in Dismissal of ERISA Case
Against New York University

  Boston, MA, August 1, 2018 - On July 31, 2018, the U.S. District Court for the Southern District of New York dismissed the class-action case against New York University (Sacerdote, et. al. v. New York University) for breach of its fiduciary duties under the Employee Retirement Income Security Act of 1974 ("ERISA") in administering its retirement plan on behalf of its employees. Nationally-recognized ERISA attorney, Marcia S. Wagner, principal of The Wagner Law Group, served as an expert witness for the defense in this seminal case. In its decision, the Court cited Ms. Wagner's expert testimony as particularly swaying:

" Defendant retained [Marcia] Wagner to provide expert testimony regarding NYU's processes relating to recordkeeping fees[...] The Court found her experience with 403(b) plans impressive and her testimony consistent, reasonable, logical and ultimately, highly credible."

Ms. Wagner is widely sought after as an expert witness and has successfully provided expert testimony and reports in a wide range of ERISA-related litigation. Specifically, she has testified concerning matters including (but not limited to): the standards of conduct imposed on custodians under ERISA and how those standards relate to custodians holding IRA assets; the level of monitoring expected from providers of custodial services, particularly in the context of fraudulent activity by third parties rendering investment advice to IRA owners and providing plan investments to IRAs; the investment allocation practices by Taft-Hartley plans seeking recovery of funds lost as a result of investment in fraudulent feeder funds, and the adherence to investment policy guidelines with respect to alternative investments; the allocation of plan expenses between formerly affiliated plan sponsors under an administrative cost-sharing agreement; a third-party administrator's putative authority to exercise signature authority on behalf of a plan sponsor and, pursuant to such purported authority, to transfer plan accounts to investment providers selected by the administrator; and, the rebuttal of a claim that ERISA fiduciary standards require liquidation of defined benefit pension plan assets within a precise period of time following notice of the plan's impending termination.

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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.