- Employment litigation
- Employment law advice and compliance
- Employee benefits litigation
- ERISA advice and compliance
Bar & Court Admissions
- South Carolina, 1993
- United States District Court for the District of South Carolina, 1994
- United States Court of Appeals for the Fourth Circuit, 1996
Washington and Lee University School of Law
- J.D., 1993
University of South Carolina
- B.A., cum laude, Political Science, 1990
- Phi Beta Kappa
- Omicron Delta Kappa
“Quick responses to problems help stop them from becoming crises. That is one of the things my clients value most.”
--Brian Magargle, Employee Benefits Lawyer
Since 1993, Brian Magargle has practiced employment law, and he began practicing in the area of employee benefits and ERISA in 1995. He has experience with a wide variety of employment law issues, including:
all forms of discrimination litigation (Title VII, ADA, ADEA, Equal Pay Act, etc.)
administrative charges of discrimination (EEOC and state level)
employment law compliance and prevention practices
personnel policy drafting and reviews
general employment advice
He has also handled several appeals in the employment law area. In 2003, Brian was intimately involved in the drafting and passage of the South Carolina statute which prevents employee handbooks from being considered contracts of employment.
In addition, Brian routinely handles a broad range of employee benefits issues for clients of all sizes, including:
health care reform (Affordable Care Act)
HIPAA Privacy Rule compliance
COBRA advice and compliance
welfare benefit plan drafting, amendment, and administration
wellness program design and administration
ERISA and other employee benefits litigation
He is a frequent speaker on new developments in benefits law, especially health care reform, and has written several articles on employee benefit plan issues.
Mr. Magargle also periodically worked for the South Carolina Manufacturers Alliance prior to and while attending law school.
“Health Care Reform: Where do Employers Stand Now Following the U.S. Supreme Court Ruling,” CAI Triad Employment Law Update, Greensboro NC (2012).
“Affordable Care Act Workshop,” Georgia Employers’ Association, webinar (2012).
“Cooking Up Recipes for a Health Workplace: Dessert Tray – A Benefits and HR Sampler,” Employers’ Association, Charlotte NC (2012).
"GINA: It's More Than Just A Pretty Name," S.C. Chamber of Commerce 21st Annual Human Resources Conference, Myrtle Beach, SC, May 16, 2011.
"Bridge to Justice: How the Federal Government is Increasing Employee Litigation," Made in S.C. Magazine, S.C. Manufacturers Alliance (May 2011).
"The Times, They Are A' Changin: How Health Care Reform Will Soon Impact Your Company," Made in S.C. Magazine, S.C. Manufacturers Alliance (November 2010).
"Cutting Edge Seminar Series: How Healthy is Your Company Wellness Program?" May 3, 2007, in Winston-Salem, NC.
“The Aging Workforce and Health Benefits: Challenges and Solutions,” Greater Columbia Chamber of Commerce Focal Points, Vol. 13 Issue 10 (October 2005).
COBRA Compliance Manual (co-author), Haynsworth, Baldwin, Johnson & Greaves LLC (2003).
"Applicability of the Attorney-Client Privilege in ERISA Cases," Federal Discovery News, Vol. 9 Issue 1 (December 2002).
“Court to rule on oral employment contracts,” South Carolina Business Journal, South Carolina Chamber of Commerce, Vol. 21, Issue 4 (May 2002).
Awards & Recognition
- AV® Peer Review Rated By Martindale Hubbell
- Recognized by Chambers USA (2011-2012, 2015)
- South Carolina Bar Association
- Richland County Bar Association
- National Institute of Trial Advocacy (NITA), 1997 Graduate
- South Carolina Bar, Law-Related Education Committee (1996 to present)
- Leadership Columbia, 2003 Graduate
- Washington and Lee Alumni Association, Palmetto Chapter
Other Personal Background Information and Interests
- Brian is married to the former Paula Sommerkamp, who is also an attorney and a Master Social Worker. They have one son and a spoiled rotten Alaskan Malamute named Dakota. Brian and Paula enjoy traveling, Duke basketball, and USC football.