Skip to main content
Find a Lawyer
Wagner, Marcia S.

Marcia S. Wagner - Boston, MA

Attorney at The Wagner Law Group

ERISA Law Lawyers in Boston, MA

One Financial Center Suite 3610 Boston, MA 02111

  • 1 Super Lawyers®
  • 39 Years 
    Experience

Boston ERISA Law Lawyer

Updated: 03/10/2026

Areas of Practice

  • ERISA Law
  • Employee Benefits & Executive Compensation
  • Expert Witness
  • Mergers & Acquisitions
  • Legislative
  • Regulatory & Policy Services
  • Independent Fiduciary Services
  • HIPAA Privacy & Security
  • Bankruptcy & Restructuring

Attorney Information

Overview

Marcia S. Wagner is the founder of The Wagner Law Group, a certified woman-owned and operated business and one of the nation’s largest and most highly regarded boutique law firms, specializing in ERISA, employee benefits, executive compensation, employment, labor, human resources, personal law (estate planning and family) and investment management law. Ms. Wagner has been practicing employee benefits law for approximately 40 years. She founded The Wagner Law Group nearly 30 years ago and is the Firm’s Managing Partner. She graduated summa cum laude and Phi Beta Kappa from Cornell University and is a graduate of Harvard Law School.

Ms. Wagner is an authority on employee benefits matters, including qualified and non-qualified plans, fiduciary issues, deferred compensation, and welfare benefit arrangements. Her experience in employee benefits includes plan design, drafting and preparation, compliance, tax planning and consultation on all aspects of ERISA and the Internal Revenue Code. She consults with law firms, employee benefits organizations, and corporate and public plan sponsors, and serves as an expert witness in ERISA litigation (a recent Court decision cites Marcia’s expert testimony as having been pivotal to the outcome, finding her “experience with 403(b) plans impressive and her testimony consistent, reasonable, logical and ultimately, highly credible.”).

She counsels plan sponsors on qualified plans, 403(b) and 457 plans, multiple employer plans (MEPs), IRAs, employee stock ownership plans (ESOPs), executive compensation arrangements and retiree medical benefits in matters involving plan operation and maintenance, plan terminations, mergers and acquisitions, tax treatment of plan participants, use of life insurance and annuities, and derisking of pension liabilities.

Ms. Wagner also specializes in Title I of ERISA, and has obtained advisory opinions, information letters and prohibited transaction exemptions from the U.S. Department of Labor. She handles fiduciary matters impacting plan sponsors, investment and other fiduciary committees, investment managers and advisors, recordkeepers, broker-dealers, banks, and other financial services firms. Ms. Wagner advises clients on the avoidance and rectification of prohibited transactions, the development of compliance programs, and investment policies. She is a renowned expert in issues concerning pension plan investments and fiduciary issues, and her opinion has been sought by noted authorities in the employee benefits area, including governmental agencies.

Ms. Wagner works on Department of Labor, IRS and PBGC audits of plans as well as of financial institutions that service plans, and has negotiated numerous favorable closing agreements.

She was appointed Chair of the Employee Plans subcommittee of the IRS Tax Exempt & Government Entities Advisory Committee and received that agency’s highest honor. She is a Fellow of the American College of Employee Benefits Counsel and is the recipient of more than 50 professional honors.

Finally, Ms. Wagner has written hundreds of articles and 24 books. She is a highly sought after lecturer, and is widely quoted in The Wall Street Journal, Financial Times, and Pension & Investments. She has been a guest on Fox, CNN, Bloomberg, and NBC. Ms. Wagner also currently serves on the Board of Directors of the American Benefits Council as well as on the Board of Governors of the American College of Employee Benefits Counsel.


Awards and Honors

Super Lawyers® Selectees

SuperLawyers

Marcia S. Wagner included in a Super Lawyers® list

Honors

  • The Best Lawyers in America© for Employee Benefits (ERISA) Law 1999-2026
  • Massachusetts Lawyers Weekly Hall of Fame
  • 2024 Women Who Lead – Massachusetts Lawyers Weekly
  • 2023 Woman Leader in The Law – ALM Martindale-Hubbell
  • 401(k) Industry’s Most Influential 2022 – The 401kwire
  • New England’s Top Rated Lawyers 2022 – National Law Journal
  • 2022 Top Rated Lawyer – Martindale Hubbell
  • 2022 Woman Leader in The Law – ALM Martindale-Hubbell, 2013
  • Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society 2021, 2013
  • “2021 Best Lawyers “Women in Law” for Employee Benefits (ERISA) Law”, Best Lawyers Business Edition, Spring 2021, 2012
  • New England’s Top Rated Lawyers, The National Law Journal, July/August 2021, 2012
  • Top Women Attorneys in Massachusetts, Boston Magazine, April 2021
  • American Lawyer & National Law Journal Magazines 2021 Woman Leader in the Law
  • Best Lawyers in New England 2021
  • Top Attorneys in Massachusetts, Boston Magazine, 2020
  • Super Lawyers 2005-2025 (Massachusetts, New England)
  • Inducted by Massachusetts Lawyers Weekly in Top Women of Law Circle of Excellence 2019
  • Top 50: Women Massachusetts Super Lawyers List: 2024, 2025, 2019, 2015, 2014, 2010, 2009, 2008, 2007, 2006
  • Top 100: Massachusetts Super Lawyers List: 2008
  • Top 100: New England Super Lawyers List: 2008
  • Top 50: Women New England Super Lawyers List: 2019, 2009, 2008, 2007
  • Top Rated Lawyer by New England’s Legal Leaders Magazine, 2013 – 2016
  • 100 Most Influential People in The 401(k) Industry for 2015, 2014, 2013, 2012, 2011, 2010, 2009 401(k) Wire (Ms. Wagner is No. 15, 21, 21, 27, 40, 76, and 73, respectively)
  • Top Women of Law, Massachusetts Lawyers Weekly, 2011
  • “Top ERISA Attorney”, Fiduciary News, June 2011
  • Top 25 attorneys in the inaugural issue of Boston Business Journal’s Who’s Who of Attorneys in New England, 2011
  • Commissioner’s Award, IRS Tax Exempt & Government Entities Division, 2010
  • Boston’s Best Lawyers, The Boston Globe and Boston.com, 2010
  • Top 50 Female Attorneys in Massachusetts and New England, Law and Politics Magazine, 2009 and 2010
  • Top 10 Corporate Lawyers, Boston Women’s Business Journal and The Boston Herald, January 2009
  • Best Lawyers: Employee Benefits, Corporate Counsel, October 2006
  • AV Peer Review Rating, Very High to Preeminent Legal Ability and Integrity, LexisNexis Martindale-Hubbell, June 2005 – present
  • Delegate, Harvard Law School, 2003 – present
  • New England Employee Benefits Council Best Practices Award, 2002
  • Distinguished Author, presented by Bureau of National Affairs, Tax Management, Inc., 1994
  • Life Member of the National Registry of Who’s Who, 1999

Other Sources of Feedback About Marcia S. Wagner

Included on the 2026 Massachusetts Super Lawyers list


Past Lists

  • 2025 Massachusetts Super Lawyers list
  • 2024 Massachusetts Super Lawyers list
  • 2023 Massachusetts Super Lawyers list
  • 2022 Massachusetts Super Lawyers list
  • 2021 Massachusetts Super Lawyers list
  • 2020 Massachusetts Super Lawyers list
  • 2019 Massachusetts Super Lawyers list
  • 2018 Massachusetts Super Lawyers list
  • 2017 Massachusetts Super Lawyers list
  • 2016 Massachusetts Super Lawyers list
  • 2015 Massachusetts Super Lawyers list
  • 2014 Massachusetts Super Lawyers list
  • 2013 Massachusetts Super Lawyers list
  • 2012 Massachusetts Super Lawyers list
  • 2011 Massachusetts Super Lawyers list
  • 2010 Massachusetts Super Lawyers list
  • 2009 Massachusetts Super Lawyers list
  • 2008 Massachusetts Super Lawyers list
  • 2007 Massachusetts Super Lawyers list
  • 2006 Massachusetts Super Lawyers list
  • 2005 Massachusetts Super Lawyers list

Education

  • Legal Education

    • Harvard Law School, Cambridge, Massachusetts, 1987
      Juris Doctorate
      Honors: John M. Olin Law and Economics Research Fellowship; Who's Who Among American Law Students; Economics Teaching Fellowship at Harvard College
  • Non Legal Education

    • Cornell University, 1984
      B.A., Bachelor of Arts
      Honors: Summa cum laude; dean's list every semester; distinction in all subjects; honor societies: Phi Beta Kappa, Phi Kappa Phi, Alpha Lambda Delta
      Major: Double major in Economics and Government
    • London School of Economics and Political Science, 1983
      Graduate level Economics
      Honors: Class One Distinction, top 5% of all foreign students

Current Employment Position(s)

  • Founder & Managing Partner

Past Positions

  • Warner & Stackpole (now known as K&L Gates LLP), Partner, 1995 - 1996
  • Powers & Hall, Of Counsel, 1993 - 1995
  • Choate, Hall & Stewart, Associate, 1989 - 1993
  • Bingham, Dana & Gould (now known as Morgan, Lewis, Bockius LLP), Associate, 1987 - 1989
  • Harvard Law School, Teaching Assistant, 1986 - 1987
  • Harvard College, Economics Teaching Fellow, 1985 - 1986
  • Cornell University, Teaching Assistant, 1983 - 1984

Classes and Seminars

  • Controlled Group, Affiliated Service Group, Leased Employee and Independent Contractor Issues, Continuing Professional Education for Internal Revenue Service Employee Plans Audit Agents, Northeast Division of Internal Revenue Service, 2005 - Present
  • Federal Employment Rights (Guest Lecturer for ERISA Portion of Course) , Massachusetts School of Law , 2001 - Present
  • Pension Law, Bentley College, 1999 - 2000

Pro Bono Activities

  • Boston University Hillel, August 2020
  • Global Tracheostomy Collaborative, Board of Directors, 2019
  • Jewish National Fund, 2005
  • Standard & Poor's Retirement Planning Services Advisory Board, 1999-2000
  • Boston Modern Orchestra Project, Board of Directors, 1998-2000

Bar Admissions

  • Massachusetts, 1987
  • District of Columbia, 1987
  • New Hampshire, 2022

Other Affiliations

  • Member of the Board of Directors - American Benefits Council - Present
  • Member of the Board of Governors - American College of Employee Benefits Counsel - Present
  • Jewish National Fund – USA Lawyers for Israel (LFI) Society, 2005 - Present
  • Advisory Committee to the Policy Board of Directors - American Benefits Council - 2024
  • Global Tracheostomy Collaborative Board, 2019 - 2023
  • Membership to the National Association of Professional Women, 2007 - Present
  • IRS Advisory Committee on Tax Exempt and Government Entities: Advice and consultation to the IRS on pension matters: 2010 – Analysis and Recommendations Regarding the IRS’s Determination Letter Program; 2009 – International Pension Issues in a Global Economy: A Survey and Assessment of IRS’ Role in Breaking Down the Barriers; 2008 – Improving the Employee Plans Compliance Resolution System: A Roadmap for Greater Compliance, 1997 - 2010 (2010 Employee Benefits Subcommittee Chair)
  • Legg Mason Retirement Advisory Council, 2010 - 2015
  • American College of Employee Benefits Counsel, 2008 - Present (Fellow)
  • Harvard Law School, 10th, 15th, 20th, 25th and 30th Reunion Committee
  • Advisory Board on Compensation Planning for Tax Management, Inc., 1993 - Present
  • Advisory Council for Foundation for Fiduciary Studies, Joseph M. Katz School of Business, University of Pittsburgh, 2004 - Present
  • Standard & Poor’s Retirement Planning Services Advisory Board, 1998 - 2000
  • Board of Directors - Boston Modern Orchestra Project, 1998 - 2000
  • Advisory Board for Pension Assistance Project of Gerontology Institute of UMass Boston, 1993 - 1997
  • American Arbitration Association, Council of Arbitrators, 1993 - 1995
  • Commonwealth Institute – Million Dollar Circle Member, 2005 - Present
  • Editorial Advisory Committee for Profit Sharing/401(k) Council of America, 2005 - Present
  • Editorial Board for Law Firm Partnership & Benefits Report, 1999 - Present
  • Employee Benefits Committee, American Bar Association Tax Section, 1990 - Present
  • ERISA/Employee Benefits Law Committee, Boston Bar Association, 1990 - Present
  • Pension Liaison Committee, IRS Key District Office, Brooklyn, NY, 1992 - Present
  • Tax Section Council, Massachusetts Bar Association, 1992 - Present
  • New England Legal Foundation (Advisory Council Member)
  • Trial Law Institute (Member)
  • Diversity Law Institute (Member)
  • Order of Juris (Barrister)

Be the first to write a review!

There are currently no reviews for Marcia S. Wagner. Be the first to share your experience.

Write a Review

Disclaimer

Your Profile?  Update Now

When viewing a listing, consider the state advertising restrictions to which lawyers and law firms must adhere, as well as our FindLaw.com Legal Directory disclaimer. Some lawyers publish comparative information regarding the services that they provide which may be subject to specific comparative communications restrictions.

How do I choose a lawyer?

Consider the following:

  • Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
  • Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
  • Cost – How are the lawyer's fees structured — hourly or flat fee? Can the lawyer estimate the cost of your case?
  • City – Is the lawyer's office conveniently located?

Not sure what questions to ask a lawyer?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

Want to check lawyer discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

  • Ensure the attorney is currently licensed to practice in your state
  • Gain an understanding of his or her historical disciplinary record, if any.
  • Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.