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Stephen Rosenberg

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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.

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It’s been a fascinating week in insurance and ERISA news, making it a good week to be the author of an ongoing weekly series on hot topics, articles, posts and the like in these areas of law. Interestingly (to me, anyway), the first three stories directly concern cases and issues I have litigated many times…

Some weeks the Five Favorites write themselves and this week was one of them. I think it’s because so many of the articles hit right dead center on issues I have litigated or counseled on over the years, including disputes between excess and primary insurers, whether forfeiture under a 401(k) plan is appropriate, withdrawal liability…

We are having a blizzard in Boston today. It started around 3 in the morning and is expected to continue for much of the day. I thought I would take a break from snowblowing to finally finish my top ten countdown of my blog and LinkedIn posts of 2025. I had originally targeted the end…

This is a really educational week on Five Favorites for Friday. There is no hidden message or implicit critique buried in that point. It’s just that a number of comprehensive stories providing a detailed overview of key areas of development in ERISA litigation were published this past week and, solely because of their quality, make…

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…