Thomas Clark
Adjunct Professor
The Wagner Law Group, A Professional Corporation, Boston, Massachusetts. February 2015 – present
Partner
- Counsel employers in all aspects of employee benefits design, implementation and compliance for all types of benefits programs, including: retirement plans, health and welfare plans and executive and incentive compensation arrangements
- Counsel retirement industry service providers in all aspects of their fiduciary duties and compliance obligations in providing services to plan sponsors, plan participants, and qualified retirement plans.
- Draft white papers for service providers concerning all aspects of ERISA
- Litigate all types of claims related to employee benefit plans, including ERISA fiduciary breach matters and benefit denials
- Editor-in-Chief of the Fiduciary Matters Blog and ERISA Litigation Index, a blog visited over 120,000 times since its first publication in March 2013 – http://blog.fraplantools.com
The Lowenbaum Partnership – St. Louis, Missouri. May 2014 – February 2015
Partner – Employee Benefits Team
Duties similar to above.
Washington University School of Law – St. Louis, Missouri . February 2014 – Present
Adjunct Professor of Law
Teach ERISA Fiduciary Law spring semester course to JD and Tax LL.M. students
FRA PlanTools – Charlotte, North Carolina / St. Louis, Missouri. May 2014 – Present
Outside General Counsel
- Provide legal advice regarding creation and implementation of custom fiduciary and business development solutions to retirement industry service providers
- Draft and negotiate custom software development and consulting contracts
- Negotiate and purchase E&O and fiduciary insurance
Chief Comp. Officer, Director of Fiduciary Oversight, March 2013 – May 2014
General Counsel
- Developed and provided ERISA consulting and compliance products to plan sponsors and service providers
- Taught custom ERISA training to plan sponsors and service providers
- Drafted white papers for service providers concerning all aspects of ERISA
- Developed and implemented online social media and marketing strategy
- Provided expert witness services to law firms concerning ERISA
Schlichter, Bogard & Denton – St. Louis, Missouri. July 2008 – March 2013
ERISA Associate
- Litigated complex ERISA class action cases and appeals
- Researched complex issues of law related to ERISA and state pension fiduciary law, securities laws, financial investing for institutional clients, and complex litigation
- Responsible for primary communications with clients
- Drafted affirmative and responsive summary judgment, class certification, discovery, and appellate memoranda
- Drafted affirmative and responsive written discovery
- Researched, developed, and implemented strategy for depositions including second chair participation in approximately twenty depositions of parties, Rule 26 designated experts, apex witnesses, and third parties
- Coordinated Rule 26 designated expert reports and testimony
- Experienced with document production exceeding five million pages
- Experienced with federal district and appellate court practice and pleadings
Bryan Cave, LLP – St. Louis, Missouri. Fall 2007
LL.M. in Taxation Unpaid Legal Intern
Supported Employee Benefits and Executive Compensation Client Service Group in the areas of defined contribution plans, defined benefit plans, executive compensation, COBRA, HIPAA, international benefits taxation, and securities law
Law Offices of Suzanne Brown – St. Louis, Missouri. Fall 2006
Unpaid Legal Intern – Immigration Law
National Labor Relations Board, Region 14 – St. Louis, Missouri. Summer 2006
Unpaid Legal Intern
- Education
Washington University School of Law – St. Louis, Missouri May 2008
LL.M. in Taxation; Employee Benefits Focus
Washington University School of Law – St. Louis, Missouri May 2007
Juris Doctorate
Notre Dame London Law Centre – London, England Summer 2005
The College of New Jersey – Ewing, New Jersey May 2004
B.S., Economics, cum laude
- Courses
- ERISA Fiduciary Law
- Publications
- Fiduciary Implications of Flexible Retirement Income Solutions – Franklin Templeton Investments, June 2018
- Rules and Income and Cyber, Oh My! – NAPA Net, May 7, 2018
- DOL’s Clock Is Ticking on Whether to Appeal 5th Circuit Decision – NAPA Net, April 25, 2018
- 401(k) lawsuits being brought more aggressively against retirement plan advisers – Investment News, April 17, 2018
– View this article in .PDF format - Parties of Interest Increasingly Being Tested in Plan Litigation – NAPA Net, April 17, 2018
- DOL increases fines, conducts fewer retirement plan audits – Employee Benefit News, April 16, 2018
- Suit “Cases” – Lessons from 401(k) Litigation – Tom Clark, co-panelist at the 2018 NAPA 401(k) Summit, April, 15 -17, 2018, Music City Center, Nashville, TN
– More details here - Are 401(k) advisers the next DOL targets? – Investment News, April 11, 2018
– View this article in .PDF format - Caught in the Crosshairs of TCJA and Conflict of Interest: Meals and Entertainment – NAPA Net, March 21, 2018
- Retirement Plan Legislative & Regulatory Update – Speaker, TD Ameritrade’s National LINC 2018 conference, January 31 – February 3, 2018, Hyatt Regency, Orlando, FL
– More details here - Experts Share How Fees, Fiduciary, Technology Will Impact 401k Space – 401(k) Specialist, October 23, 2017
- The Current State of Retirement Plan Litigation – PlanSponsor, October 19, 2017
- Wagner Law Group attorney underscores: The fiduciary rule is in effect – PlanAdviser, October 18, 2017
- Most Employees Get No Advice on Retirement Accounts – WealthManagement.com, September 11, 2017
- Betterment’s Chief Gathers Experts for 401(k) Day – The 401(k) Wire, September 8, 2017
- NYU Retirement Plan Suit Trimmed by Judge but Moving Forward – Bloomberg BNA, August 28, 2017
- Current Status of the DOL Conflict of Interest Rule & Related State Initiatives – Webinar for the Financial Planning Association, Wednesday, August 17, 2017
- You’ve Been Served: A Plan Sponsor’s Look into ERISA Litigation – Webinar for Sheridan Road Financial, Thursday, July 27, 2017, 12:00 PM – 1:00 PM EDT
- Paris, Plans and Plenty of 401(k) Fun – 401(k) Specialist, July 26, 2017
- Excessive Fee Litigation Latest ‘Darling’ of Plaintiffs’ Bar – NAPA Net, July 24, 2017
- Questions About 401(k) Litigation? – NAPA Net, July 17, 2017
- Summer Issue of Plan Consultant Now Online – ASPPA Net, July 11, 2017
- DOL Fiduciary Rule Hot Topics – Speaker at the Sheridan Road 2017 Kohler Confernce, June 25, 2017 to June 27, 2017, at the American Club, Kohler, WI
- Guess Who’s Coming to the NAPA DC Fly-In Forum? – NAPA Net, June 23, 2017
- How Will Retirement Fit With Tax Reform? – NAPA Net, June 1, 2016
- ERISA Litigation and the Best Interest Contract Exemption – Speaker at the NAPA DC Fly-in Forum, July 18 -19, 2017, Washington Court Hotel, Washington D.C.
- New Speakers Confirmed for NAPA DC Fly-In Forum – NAPA Net, May 23, 2017
- Betterment for Business Banks on Fiduciary Boost – 401(k) Specialist, May 22, 2017
- Ready for a New Wave of Fiduciary Litigation? – NAPA Net, May 18, 2017
- ERISA Litigation – Speaker at Plan Sponsor Council of America 70th Annual National Conference, May 2 – 3, Drake Hotel, Chicago, IL
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – BenefitsLink, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Yahoo Finance, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – StreetInsider, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Econotimes, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Euroinvestor, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – SPi News, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Money News, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – StockGuru, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – EIN News, , April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – ForexTV, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – 4-trader, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – Nasdaq, April 26, 2017
- Premier ERISA Law Firm, The Wagner Law Group, Reinforces its Leadership With the Appointment of Thomas E. Clark, Jr. as Partner – April 26, 2017
- OMB Finishes Review of Fiduciary Rule Delay Request – Think Advisor, February 28, 2017
- Google Exec Joins Betterment for Business’ Board Of Advisors – WealthManagement.com, February 21, 2017
- DOJ Files to Halt Thrivent Case Against DOL Fiduciary Rule – Think Advisor, February 17, 2017
- Law Dean Alexander Acosta Picked for Labor Secretary – National Law Journal, February 16, 2017
View the article in .pdf format here - Trump Nominates Acosta as Labor Secretary – Think Advisor, February 16, 2017
- DOL’s Retirement-Savings Rule Survives Another Court Challenge – National Law Journal, February 8, 2017
- The year in technology: Data tools, robo-advisers and telemedicine – Employee Benefit Adviser, December 13 2016
- Warning: Don’t Expect Revisions or Reversals in DOL Rule – ThinkAdvisor, October 24, 2016
- Fiduciary rule causing some advisers to reconsider comp models – Financial Planning, October 18 2016
- 401k Fiduciary Rule: ‘Everyone Shares The Blame’ – 401(k) Specialist, October 4, 2016
- Education, training programs crop up as DOL fiduciary rule looms – Investment News, September 19, 2016
- PANC 2016: The New Fiduciary Rule – Plan Adviser, September 15, 2016
- Morgan Stanley hit with $150 million 401(k) lawsuit for self-dealing and excessive fees – Investment News, August 19, 2016
- Expected Return Key to Pension Plan ESG Investments – Pension & Benefits Daily, August 2, 2016
- The Recent Wage of ERISA Litigation Is Turning into a Tsunami – 401(k) Advisor, May 2016
- The Evolution of ERISA Fiduciary Best Practices – Investments & Wealth Monitor, March/April 2016
- Money market funds come under fire in spate of 401(k) suits – Investment News, March 3, 2016
- Betterment’s 401(k) Platform Goes Live – WealthManagement.com, January 28, 2016
- Attorney Schlichter preps new round of 401(k) suits – Investment News, January 22, 2016
- 401(k) suit targeting Vanguard fees could support case for active funds – Investment News, January 12, 2016
- Fidelity targeted in another ERISA class-action suit – Investment News, December 17, 2015
- SEC expected to take big step in BP company stock lawsuit – Pensions & Investments, December 14, 2015
- Ascension pension settlement highlights vulnerability of ‘church plans’ – St. Louis Post-Dispatch, August 7, 2015
- Historic $62 Million Settlement on Behalf of Lockheed Martin Employees – Business Wire, July 20, 2015
- ERISA experts weigh in on Tibble victory – BenefitsPro, May 22, 2015
- Settlements offer lessons in breach suits – Pensions & Investments, February 23, 2015
- Published in the Journal of Pension Benefits; 401(k) Advisor; Plan Consultant
- Quoted regarding expertise in ERISA in publications such as Associated Press; Reuters; Bloomberg.com; Forbes.com; Pensions & Investments; BNA Pension & Benefits; Benefitspro.com; RIABiz.com
- Presented ERISA topics to 2013 & 2014 Center for Due Diligence Conference, Charlotte CEBS, Emp. Benefits Assoc. of St. Louis, Nationwide Insurance, C-Biz Retirement, J.P. Morgan Retirement, 2015 Unified Trust Advisor’s Conference (scheduled); 2015 National Association of Pension Administrators (NIPA) Annual Conference (scheduled)
- Activity and Affiliations
- American Bar Association (2008 – present)
- Missouri Bar Association (2008 – present)
- Employee Benefits Association of St. Louis (2013 – Present)
- Friends of Arch Grants, Founding Board Member (2013 – present)