" 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.