Stephen D. Rosenberg

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. Awards and Honors Super Lawyers® Selectees Stephen D. Rosenberg included in a Super Lawyers® list 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 Other Sources of Feedback About Stephen D. Rosenberg Included on the 2026Massachusetts Super Lawyers list Past Lists 2025 Massachusetts Super Lawyers list 2024 Massachusetts Super Lawyers list

• Partner

• The McCormack Firm, Partner - Chair of Firm's ERISA practice, 1991 - 2014

• 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

• Doe v. Liberty Mutual
• Citation: 423 Mass. 366
• Year: 1996
• Serial Number: 1996172973
• Cohen v. Liberty Mutual Insurance
• Citation: 41 Mass. App. Ct. 748
• Court: Mass. App. Ct.
• Serial Number: 1996268002
• Loftis v. Liberty Mutual Insurance
• Citation: 1995 WL 491340
• Court: Mass Super
• Serial Number: 1995169690
• Lexington Ins. Co. v. Dreyfuss Bros., Inc
• Citation: 1993 WL 102629
• Court: D.D.C.
• Year: 1993
• Serial Number: 1993082752
• Trustees of Cantabury Heights Manor Condominium v. Public Service Mutual Ins. Co.
• Citation: 5 Mass. L. Rptr. 341
• Serial Number: 1996144090

• Massachusetts, 1991
• U.S. District Court District of Massachusetts