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Each episode offers employers candid, in-depth interviews with industry experts, new best practices and valuable perspectives on current events.  

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Episode Guest:

Thomas Clark, JD

ERISA Attorney, Of Counsel

Wagner Law Group

Recent 401(k) Litigation & DOL Activity: Will it Bring Pain or Gain for Employers

Guest: Thomas Clark, JD

I am proud to say that this episode, well except for the title, was greatly influenced by input I received from our email subscribers!  To everyone who shared feedback on what you wanted me discuss with Tom Clark, ERISA Attorney and Of Counsel at the Wagner Law Group, thank you!  As a reminder, as an email subscriber you get advance notice of many of our podcast guests and the opportunity to submit questions and topics for me to cover with them.  If you have not subscribed to our email list yet, go to today and join the community!  In my conversation with Tom, based on your feedback we first focus on the current trends in 401(k) litigation and then close with updates on what employers should know about DOL activities.  Tom, does a great job breaking things down in an easy to understand, yet impactful way which will leave you with plenty to think about going into 2017.  Some of my favorites were his input on how 401(k) lawsuits get started, a behind the scenes glimpse of what plaintiffs’ attorneys must do to bring a 401(k) lawsuit and some changes and decisions many plan sponsors should anticipate in the coming months due to recent DOL activity.  After you listen, love to hear your perspectives on whether 2017 will bring you and your fellow plan fiduciaries, pain or help you continue down a path towards gain!  Send me an email at  This is a fast moving and information packed episode, enjoy!

Guest Bio

Tom is Of Counsel with The Wagner Law Group, a law firm specializing in ERISA & Employee Benefits, Estate Planning, and Employment, Labor & Human Resources Law. His expertise encompasses all aspects of employee benefits programs, including the design, implementation and compliance of retirement plans, health and welfare plans, and executive and incentive compensation arrangements. He also has a robust practice assisting industry service providers in meeting their ERISA compliance and general business needs. 

Tom is also a well-seasoned ERISA litigator. Earlier in his career, he worked for the law firm of Schlichter, Bogard & Denton including on such landmark cases as Tibble v. Edison, which was heard this year by the U.S. Supreme Court. 

Tom is Editor-in-Chief of the Fiduciary Matters Blog, a blog visited over 150,000 times since its first publication in March 2013. He also teaches ERISA Fiduciary Law as an Adjunct Professor at the Washington University in St. Louis School of Law, his alma mater.

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