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Scott Wagner

Scott V. Wagner

Phone: 404.504.7789
Fax: 404.365.9532
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Scott Wagner counsels clients to address and solve a wide-range of employee benefits issues, including retirement plan, executive compensation, and health and welfare plan matters.  Scott has extensive experience with executive compensation and equity matters, and various other federal and state laws related to health and welfare plans.  Scott also often works with clients on employee benefits and executive compensation issues involved in mergers and acquisitions and other corporate transactions.  He represents clients before regulatory agencies on various matters, including employee benefit plan audits and investigations, and plan corrections.

Before entering private practice, Scott was an attorney at the Pension Benefit Guaranty Corporation (PBGC) in Washington, D.C.  

Representative Experience

  • Advised publicly traded companies with employee benefits pre-merger planning and post transaction integration.
  • Structured cross-border equity and executive employment agreements for multinational companies transferring executives to the United States.
  • Assisted with defined benefit pension plan administrative issues, committee advice, determination letters, plan freeze amendments, and plan terminations.
  • Counseled employers with analysis and impact under Affordable Care Act and shared responsibility provisions, and developed compliance strategies.
  • Assisted tax-exempt and religious-based entities with ERISA coverage determinations, and the administration and creation of 403(b), 457(b), and 457(f) plans.
  • Represented numerous employers through IRS and DOL retirement and welfare plan audits.
  • Assisted plan fiduciaries with review of plan restatements and service provider contracts and fee agreements.
  • Prepared numerous DOL and IRS plan correction program submissions for 401(k) and defined benefit plans.
  • Successful in obtaining dismissal of ERISA claim for benefits, claim for breach of fiduciary duty, and claim for equitable relief on a Motion to Dismiss for a large restaurant franchisor and operator.


  • Selected, Chambers USA, Employee Benefits/Executive Compensation, 2022 - 2024
  • Selected, Super Lawyers, Employee Benefits, Rising Stars, 2022 - 2023


  • Member, American Bar Association, Section on Taxation, Employee Benefits Committee

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