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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.

Some things are just evergreen when it comes to ERISA, a point that is driven home whenever, as now, I publish my top ten most read blog posts of the prior year. The Supreme Court just returned, for about the umpteenth time, to the subject of excessive fee class action litigation and the question

Over on LinkedIn, Megan Wade, who writes “A Brief Review – A Connecticut Appellate Law Blog” and recently launched an appellate litigation practice in Connecticut, asked the question of at what stage of a case trial counsel should associate in appellate counsel. I thought I would answer this from the perspective

This is a really good day to be returning to my countdown of the top ten most read blog posts of 2024, because just yesterday, the Supreme Court returned to a central issue in ERISA class action and excessive fee litigation: namely, what are the pleading standards and how can they be used

I don’t exactly understand why this particular post made it all the way up the rankings to be the sixth most read post on my blog in 2024, as substantively it isn’t anywhere near as interesting to me as most of the other posts in the top ten, which discuss more novel or esoteric

Story after story keep telling the same story – that class action litigation against ERISA plan sponsors and fiduciaries is a growth industry. Encore Fiduciary’s Daniel Aronowitz and Karolina Jozwiak have a great, data rich piece out in Planadvisor documenting this fact, and the legal media world is all atwitter about the latest new way

It’s interesting. Blog posts have “legs” (you should get the intentional pun in a minute) for all sorts of reasons, and it can be hard to figure out why in any particular case. With regard to my eighth most popular blog post of 2024, it might have been the great picture of horses

Continuing with my countdown of my top ten most read blog posts of 2024 – as chosen by you, the reader! – leads me today to one of my favorite topics, namely the increasing targeting of small (relatively speaking) ERISA plans by class action firms bringing suits alleging that the plans were too expensive. In

When I was growing up back in the seventies, one of the highlights of the end of the year was that the rock stations would all compile lists of the top songs of the year, and then play them all in one long countdown – often without any ads! There was no Spotify yet, or

Like many lawyers with expertise in insurance coverage, I was immediately contacted after the pandemic hit by business owners – often restaurant and bar owners – about seeking business interruption coverage under their insurance policies. My usual conclusion was that you could at least submit a claim and see what happens, but that, unless you

So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation. One story, which to protect the innocent I won’t otherwise identify, involves court approval of