Profile

Elizabeth Smith is a corporate attorney whose practice focuses on employee benefits, executive compensation and corporate transactions.

Elizabeth works with clients to structure and maintain their tax-qualified retirement plans, including 401(k), 403(b) and pension plans, to support their employees’ retirement planning goals. She also counsels clients on a broad range of issues related to cafeteria plans, health and welfare plans, and wellness programs, including with regard to ERISA, HIPAA and ACA compliance. With respect to both retirement plans and health and welfare plans, Elizabeth advises clients on prudent fiduciary governance practices and negotiates clients’ contracts with plan service providers.

In addition, Elizabeth represents individuals, startups, public and private companies, and private equity firms in a range of business transactions, including mergers and acquisitions, and venture capital financings.

Honors & Awards

North Carolina Pro Bono Honor Society, 2022

Experience

Drafted amendments to and restatements of individually designed 401(k), pension, cafeteria, and health and welfare plans and associated summary plan descriptions.
Advised on legal compliance issues associated with company acquisitions and restructurings, and plan mergers and terminations.
Reviewed and negotiated service provider contracts and business associate agreements with third-party benefits vendors and insurance companies.
Trained benefit plan fiduciaries on their plan structure, governance process, fiduciary duties and ERISA litigation trends.
Advised benefit plan fiduciaries on their response to and implementation of new legislation, including the SECURE Act of 2019 and SECURE 2.0 Act of 2022.
Developed practical strategies for employer self-correction of plan operational errors.
Drafted and filed IRS Voluntary Correction Program submission on behalf of employee stock ownership plan.