Dave Rosenberg

Dave Rosenberg is counsel in the firm’s Complex Litigation & Dispute Resolution and Financial Industry Litigation practices. David joined Goodwin in 2011. David primarily represents companies in complex class actions alleging violations of ERISA, the Investment Company Act of 1940, and state and federal consumer financial services laws. 

Representative experience includes:

• Representation of several financial services companies in nationwide ERISA class actions alleging that investment options in 401(k) plans had excessive fees and/or poor performance. These include several actions challenging mutual fund companies’ use of their own products as investment options in their own retirement plans
• Representation of a large transportation company in a nationwide ERISA class action challenging its hiring of a delegated investment fiduciary for its 401(k) plan
• Representation of a large consumer products company in a nationwide ERISA class action challenging the allocation of forfeitures within its 401(k) plan
• Representation of a large financial services company in a nationwide ERISA class action challenging the use of drug rebates in its medical plan
• Representation of a large insurance company in a putative nationwide ERISA class action challenging its use of retained asset accounts to pay life insurance claims
• Representation of a large mutual fund company in litigation under the Investment Company Act challenging the fees charged by certain of the company's mutual funds
• Representation of a large financial services company in several nationwide class actions challenging its practices with respect to residential lender-placed homeowners, flood, and wind insurance
• Representation of a financial services company in connection with government enforcement actions challenging services it provided to Native American tribal lenders that originated small-dollar consumer loans

David is a member of the American Bar Association and the Boston Bar Association.

Prior to attending law school, David was an accountant in the Boston office of Ernst & Young LLP primarily working on behalf of mutual fund company clients. During law school, he completed an internship with the Enforcement Division of the US Securities and Exchange Commission and served on the Boston University Law Review. Following law school, David served a one-year fellowship with the Suffolk County District Attorney’s Office’s Special Prosecutions Unit. There he prosecuted cases involving white collar crime and public corruption.

David has been selected for inclusion in The Legal 500 US 2022 and 2024 for his work in ERISA Litigation. He has also been recognized as a One to Watch in Employee Benefits (ERISA) Law by Best Lawyers in 2023 and 2024.

David is an editor to Goodwin’s ERISA Litigation Update.

David is the author of “Allocating the Burden of Persuasion for Entry Issues in the Government’s Horizontal Merger Cases,” a note that appeared in the 2010 edition of the Boston University Law Review.