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Stephen has chaired the ERISA and insurance coverage/bad faith litigation practices at two Boston firms, and has practiced extensively in commercial litigation for nearly 30 years. As head of the Wagner Law Group's ERISA litigation practice, he represents plan sponsors, plan fiduciaries, financial advisors, plan participants, company executives, third-party administrators, employers and others in a broad range of ERISA disputes, including breach of fiduciary duty, denial of benefit, Employee Stock Ownership Plan and deferred compensation matters.

I was in the First Circuit courtroom not too long ago waiting to argue when I became interested in another case on the argument list, which concerned the overlap of legal malpractice and patent law, both areas in which I have litigated cases in the past. But what really grabbed my attention about the case

In some ways, the second most popular post on my blog in 2025 was my favorite – and objectively likely my “best” – post of the year, in any venue. It hit early and accurately, and provided actionable advice to an at-risk population, namely employers who sponsor 401(k) plans and the fiduciaries who operate them.

Wow – what an embarrassment of riches this week. Partly because of developments in AI and the law, partly because of regulatory and litigation developments in ERISA and partly because the insurance world never stops spinning, there is a metaphorical feast of articles and the like that I could discuss in this week’s edition of

I continue to push through the last few in my countdown of my Top Ten posts on this blog in 2025, having now reached the number three post. Number three is actually one of my favorites. It raises the question of when, exactly, AI claims processing is proper and when, instead, it will prove to

This is the latest in a series of posts, always published on Friday, discussing five articles, topics, videos, podcasts, blog posts and the like that crossed my desk during the week just ended. Some weeks, the post has a consistent theme, such as last week when it turned out to be essentially “all ERISA, all

It’s probably become obvious over the years to anyone that reads this blog regularly, that I love contracts. It was my favorite class during first year of law school (everyone else preferred torts, with its car crashes and the like) and one of the reasons I have spent decades litigating insurance coverage disputes is they

I am continuing with the countdown of my top ten most popular blog or LinkedIn posts of 2025, and we have now made it all the way to number four. For those of you new to the countdown, you can find the rules of the contest here.

The fourth most popular post of 2025

This week’s Five Favorites is very ERISA heavy. Sometimes that’s just the way the world spins, as there is a lot going on with retirement plans and ERISA litigation, even at the Supreme Court. A lot of it touches on some of my favorite topics, such as the role of the jury trial in ERISA

I am determined to finish my countdown of my ten most popular posts of 2025 while we are still within sight of the beginning of the year – in other words, before the calendar flips over to February.

So with that said, I am taking a break from drafting a number of complaints that I