Elizabeth S. Goldberg

Liz has broad experience representing both plan and service provider clients in DOL ERISA investigations. Liz has worked on more than 40 such DOL investigations including matters that have involved significant monetary disputes or enterprise risk. In assisting in such matters, Liz draws on her prior work experience that includes six years at the DOL’s Office of the Solicitor, primarily as an ERISA litigator. Liz also works with clients to perform internal audits to minimize any potential liability related to DOL investigations or ERISA litigation.

Liz’s experience also includes other matters before the DOL, including prohibited transaction exemption applications and representing clients in other DOL regulatory processes (such as ERISA rulemaking).

Liz advises fiduciaries and related parties and service providers on ERISA fiduciary compliance including on ERISA’s fiduciary rules, governance issues, and prohibited transaction exemptions. This includes her work with fiduciaries on governance issues, such as setting up fiduciary committees and drafting investment policies. She also provides related counseling on general employee benefit plan issues, such as tax qualification rules.

Liz negotiates all manner of benefits contracts on behalf of plans and financial services providers, including investment management agreements, trust agreements, transition management services, administrative service and recordkeeping contracts, and consulting agreements.

Liz has developed a specialization in a number of emerging fiduciary issues, including the use of ESG factors in investing, such as by private and public retirement plans and investment managers to the same. She has represented a wide range of investor and asset manager clients before federal and state regulators with respect to their ESG investing and proxy voting practices. Additionally, she  provides ongoing advice related to such ESG investing and proxy voting considerations.

Liz has also developed a specialization in considerations related to privacy and cybersecurity risks facing employee benefit plans, as well as the use of proprietary investments funds and services in retirement plans.