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Stephen D. Rosenberg - Boston, MA
125 High StreetOliver Street Tower, 5th Floor Boston, MA 02110
The Wagner Law Group
Boston ERISA Law Lawyer
Overview
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.
Stephen has extensive experience in class action litigation and commercial arbitration, with substantial first chair trial experience in both state and federal courts. One federal district court judge described his work as class action lead counsel as "a very good job in all aspects." Stephen was named one of the best 15 ERISA lawyers in the country in 2015 by the National Association of Plan Advisors, and is the sole author of an award-winning blog on ERISA and insurance litigation.
Stephen is also an experienced commercial and insurance litigator, with decades of experience representing clients in complex insurance coverage, insurance bad faith, director and officer liability, professional liability, patent infringement and copyright infringement disputes. He has tried patent infringement, product liability, director and officer liability, consumer protection, insurance bad faith, reinsurance and commercial insurance coverage cases to verdict in state courts, federal courts and commercial arbitrations.
Stephen frequently represents insurers and corporate policyholders in commercial liability, reinsurance, chapter 93A, and bad faith disputes, having litigated and arbitrated complex coverage disputes throughout the country and internationally. Stephen has tried multiple bad faith cases seeking millions of dollars in damages from insurers for alleged violations of Massachusetts' unfair claim settlement practices act.
In addition, Stephen counsels clients on ERISA compliance and plan operation issues. He assists clients in correcting problems with ERISA plans and in drafting plan documents, counsels legal departments on the operations of ERISA governed plans, and serves as counsel to retirement plan committees. He regularly advises senior management, including senior executives and general counsel, on ERISA compliance and litigation. He is also often retained by start up and emerging technology and software companies to provide counsel on patent, copyright and software issues, including claims of infringement and contractual disputes with customers.
Stephen has been quoted extensively in the media concerning ERISA litigation, including by the Wall Street Journal, Massachusetts Lawyers Weekly, National Law Journal and Bloomberg BNA. He has published extensively on ERISA litigation issues, including articles on excessive fee disputes, and has lectured regularly on both ERISA and insurance issues at leading industry conferences.
About Stephen D. Rosenberg
Current Employment Position(s)
- Partner
Practice Areas
- ERISA Law
- Employee Benefits & Executive Compensation
- Litigation
- Taft-Hartley Trusts
Representative Cases
- Doe v. Liberty Mutual, 423 Mass. 366 (1996)
- Cohen v. Liberty Mutual Insurance, 41 Mass. App. Ct. 748 (Mass. App. Ct. 1996)
- Loftis v. Liberty Mutual Insurance, 1995 WL 491340 (Mass Super )
- Lexington Ins. Co. v. Dreyfuss Bros., Inc, 1993 WL 102629 (D.D.C. 1993)
- Trustees of Cantabury Heights Manor Condominium v. Public Service Mutual Ins. Co., 5 Mass. L. Rptr. 341 (1996)
Qualifications
Bar Admissions
- Massachusetts, 1991
- U.S. District Court District of Massachusetts
Classes and Seminars
- Liability Insurance for ERISA Plan Sponsors: Minimizing Financial Risks During the Pandemic and Economic Downturn - Co-presneter Strafford Webinar, December 2, 2020
- THE CENTRE BARELY HOLDS: ERISA PREEMPTION AFTER GOBEILLE V. LIBERTY MUTUAL INSURANCE COMPANY, Bloomberg BNA Compensation Planning Tax Advisory Board, New York, NY, May 19, 2016
- COVID-19 and Director and Officer Liability: Defense, Insurance Coverage and the Role of the Broker - Panelist with Machua Millett (Marsh USA), The Wagner Law Group free webinar, May 12, 2020, 1:00 PM (ET)
- Faculty, “Liability Insurance for ERISA Plan Sponsors: Maximizing Coverage Under Employee Benefits and Fiduciary Liability Policies - Securing Coverage for Civil Damages and Tax Assessments Arising From the ACA and Other Claims,” June 4, 2015 Strafford Webinar
- Panelist, “Benefit Claim Litigation,” 9th National Forum on ERISA Litigation, sponsored by the American Conference Institute, April 13-14, 2015
- Presenter, “Fiduciary Exception to the Attorney-Client Privilege,” 9th National Forum on ERISA Litigation, sponsored by the American Conference Institute, April 13-14, 2015
- Speaker, “Ethical Issues in ERISA Litigation,” 8th National Forum on ERISA Litigation, sponsored by the American Conference Institute, October 27-28, 2014
- Sole Presenter, "ERISA Litigation Update," ASPPA Boston Regional Conference, July 2014
- Faculty, "Executive Compensation Law," MCLE, June 2012. Presented "Litigating Top-Hat Plans and Similar Disputes."
- Speaker, "The Year of Disclosure: New Retirement Plan Regulations and Legislation Impacting 401(k) and 403(b) Plans," New England Employee Benefits Council, March 2012
- Presenter, "Cyber Risks and Coverage: Questions to Consider," National Presentation for AIG, New York City and national intra-company broadcast, March 2012
- Sole Presenter, "Fiduciary Exposure and Liability," BrightScope Client Webinar, September 2010
- Speaker, "Insurance: What is Your Company Getting and What Should it be Asking For?" New England Corporate Counsel Association, May 2009
- Panelist, "Pension Fiduciaries in the Hot Seat: What to Avoid & How to React if Sued," sponsored by Pension Governance Inc., April 2009
- Sole Presenter, "ERISA Litigation: An Update from the Front Lines," ASPPA Benefits Council of New England, January 2009
Past Positions
- The McCormack Firm, Partner - Chair of Firm's ERISA practice, 1991 - 2014
Education
- Boston University School of Law, Boston, Massachusetts, 1990
J.D.
Honors: G. Joseph Tauro Distinguished Scholar; Paul Liacos Scholar
Honors: American Jurisprudence Award, Criminal Law
Law Review: Articles Editor, Annual Review of Banking Law - American University, Washington, District of Columbia, 1986
B.S.
Articles
Published Works
- Supreme Court Broadly Interprets the Scope of ERISA's Church Plan Exemption - ASSPA / Plan Consultant, Fall 2017
- Courts Redefine ERISA's Church Plan Exemption - Plan Consultant Magazine (an official publication of ASPPA), Fall 2014
- “Real Knowledge, Fake Knowledge, and the Duty to Inquire: Time Limitations in ERISA Litigation,” Journal of Pension Benefits, Vol. 21, No. 4, Summer 2014
- "Opening Up the Courthouse Door: The Second Circuit Weighs In on Exhaustion of Administrative Remedies," Journal of Pension Benefits, Vol.20, No. 4, Summer 2013
- "Looking Closely at Operational Competence: ERISA Litigation Moves Away from Doctrine and Towards a Careful Review of Plan Performance," Journal of Pension Benefits, Vol. 20, No. 2, Winter 2013
- "An ERISA Litigator Looks at the New Department of Labor Definition of Fiduciary," Journal of Pension Benefits, Vol. 19, No.4, Summer 2012
- "Structural Impediments to Breach of Fiduciary Duty Claims," Journal of Pension Benefits, Vol. 19, No.2, Winter 2012
- "Retreat from the High Water Mark: Breach of Fiduciary Duty Claims Involving Excessive Fees after Tibble v. Edison International," Journal of Pension Benefits, Vol. 18, No. 3, Spring 2011
- "Patent Litigation Doesn't Have to be Prohibitively Expensive," New England In-House Magazine, November 30, 2007
- "The Expanding Scope of Advertising Injury Coverage," Declarations, Summer 1992
- Sole Author, Boston ERISA and Insurance Litigation Blog (twice named a Top Law Blog by Lexis/Nexis)
Office Information
Address
125 High StreetOliver Street Tower, 5th Floor Boston, MA 02110
Phone
Fax
- 617-357-5250
Achievements
Other Sources of Feedback About Stephen D. Rosenberg
Honors
- Quoted in "Pension Fund Litigation Could Slow Investments," New York, December 4, 2007 - Present
- Interviewed in "Firm blog vs. personal blog: How to choose," Wisconsin Law Journal, June 22, 2009 - Present
- Featured in "Blogged Down," Boston Business Journal, November 20, 2009 - November 26, 2009
- Quoted extensively on fiduciary duties under ERISA in "Deere & Co. Successfully Defends 401(k) Fee Suit," InsideCounsel Magazine, 2009 - Present
- "Exclusive Interview: Boston ERISA Legal Author Stephen Rosenberg Explains DOL's New Fiduciary Definition," Fiduciary News, January 11, 2011 - Present
- Quoted extensively on the subject of patenting ERISA and tax related strategies in "A Warning to ERISA Practitioners: Your Benefit Plan Strategies May Be Patented", 34 Pens. & Benefits Rep. (BNA) 1329
- Featured in front page article on ERISA standing issues, "Retirees Granted ERISA Standing to Sue Fiduciaries," Massachusetts Lawyers Weekly, July 28, 2008 - Present
- Retained Asset Accounts Under ERISA Allowed - Massachusetts Lawyers Weekly, July 16, 2014 - Present
- 10 Insider Blogs Every 401k Plan Sponsor & Fiduciary Must Read (Part I) - Fiduciary News, November 25, 2014 - Present
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