The Wagner Law Group
A Boutique Law Firm for Sophisticated ESOP Services

The Wagner Law Group is a nationally recognized boutique law firm that specializes in offering a wide range of superior legal services in the area of ERISA and employee benefits. Built on the solid foundation of its owner, Marcia S. Wagner’s extensive industry experience and passion for law, it combines the attributes of a small law firm with the specialization of large practices, making it one of the most respected ERISA and employee benefits law firms.

“We adopt a practical approach to offer sophisticated legal solutions to clients while providing the personalized attention, integrity, excellence, and thought leadership of a boutique law firm,” says Wagner.

A key area of focus for The Wagner Law Group is employee stock ownership plans (ESOPs). The firm is well-versed in every aspect of ESOPs, regularly advising public and private companies across a diverse range of industries on ESOP matters. The firm boasts the experience and expertise needed to seamlessly navigate from large to closely held organizations as well as individuals across the full range of legal and regulatory requirements. This includes tax, fiduciary, and cross-border legal issues pertaining to ESOPs

With over three decades of experience in working with stock plans and ESOPs, The Wagner Law Group understands the challenges facing businesses in this complicated area of the law. One of the major challenges is the increasing government agency oversight of new and existing ESOPs, with little formal guidance to follow. For example, the Department of Labor has aggressively challenged ESOP valuations without having issued the regulations to guide these transactions. The Wagner Law Group distinguishes itself as an ideal and trusted advisor in such circumstances, having been involved in litigation on both sides of the issue. It represents plan participants pursuing additional proceeds for ESOP shares acquired for too little, as well as plan sponsors defending against claims that their ESOP overpaid for shares.

The Wagner Law Group routinely provides advice and guidance on reshuffling shares among accounts and refinancing ESOPs, alleviating common issues associated with mature ESOPs in allocating shares to new employees. The firm has also worked with companies that have become acquisition targets. A myriad of issues is associated with such sales, and the firm works closely with ESOP sponsors and trustees in order to provide reliable counsel regarding the various implications of the sales of such companies.

Illustrating The Wagner Law Group’s service excellence is a recent success, where the team was engaged to create a new ESOP. This involved crafting plan documents, transactional documents, and loan agreements. The client wanted a $20 million transaction completed before year-end, as they were concerned that favorable tax laws would change the following calendar year. The negotiations with an independent trustee had established the terms of the transaction, and the firm’s team worked closely with the trustee counsel and the client’s executives to draft and negotiate the final points of the necessary documents and closed the transaction on New Year’s Eve.

At the heart of The Wagner Law Group’s excellence lies a team of professionals with in-depth knowledge of ERISA and employee benefits, employment law, and private client services. These lawyers are equipped with a wealth of practical experience and legal knowledge to help clients, be it plan sponsors, trustees, participants, lenders, or the selling shareholder group. The attorneys can address everything, from designing plans and navigating administrative issues to drafting plan documents, summary plan descriptions, and correcting operational failures. The Wagner Law Group can also serve as an independent fiduciary in ESOP matters.

The Wagner Law Group sidesteps the traditional multi-layered approach and employs only seasoned experts to navigate clients’ projects, offering unmatched experience while ensuring cost efficiency. The firm assigns attorneys to ESOP projects to address issues for which they are already qualified, and provides meaningful assistance, resulting in clients receiving maximum value in association with its representation. With its unique breadth and depth of expertise and offices spread across the country, The Wagner Law Group continues its mission of providing unparalleled legal advice to clients, serving as the most trusted partner for large, small, and nonprofit corporations and individuals and government entities worldwide.