"Earnings are going to overshadow their legal battle for at least a couple of hours... I think Goldman is going to tell us how we're going to open," James Hughes, market analyst from CMC Markets, told CNBC.com.
The overall stock market could "creep higher," but "it seems everyone is a little bit cautious," he said.
Elsewhere in earnings, Johnson & Johnson earned $1.62 per share, ahead of expectations to send shares up less than 1 percent. Coca-Cola beat expectations but fell short in revenue, sending its shares down 1.5 percent. Leather goods market Coach also beat estimates, and its shares gained 1.5 percent, as did Harley-Davidson, which gained 2.7 percent.
Monday saw a late-day comeback with the Dow and the S&P 500 posting gains for the session.
European shares were higher, but pared gains after the FSA announced its Goldman inquiry. Large parts of European airspace remain closed, but some countries have eased restrictions. Asian stocks closed mostly higher in the wake of a positive U.S. close.
Goldman is just one of a number of well-known companies that will release quarterly reports Tuesday as earnings season heats up. Earnings releases before the bell include: Biogen Idec, Bank of New York Mellon, Delta Air Lines, Brinker International, Forest Labs, State Street, UnitedHealth, and U.S. Bancorp.