Daniel P Goldberg

Practice Areas

Daniel P. Goldberg brings nearly 30 years of experience and a deep knowledge of the hedge fund, banking, and retail industries to a trial practice focused on disputes relating to commercial contracts, financial instruments, business torts, partnership disputes, bankruptcy, and commercial leases. Dan is regularly engaged by clients mid-litigation to try or close out their cases. In two different cases with more than $1 billion at stake, Dan has been called in during the late stages to resolve massive putback actions. In one, for Bank of New York Mellon, he and his team at Holwell Shuster & Goldberg quickly won two key appeals, forcing the defendant into favorable settlement discussions. The second involved the historic Lehman Brothers bankruptcy, where both U.S. Bank and Wilmington Trust pulled HSG in late as lead trial counsel on their RMBS claims. After several weeks of trial in the U.S. Bankruptcy Court for the Southern District of New York, Dan and the HSG team secured a $2.4 billion award against Lehman Brothers.

His engagements, including the representation of Royal Bank of Canada in connection with the Enron bankruptcy and securities class action litigation arising from it, have taken him to trial and appellate courts throughout the country, including in New York, Delaware, California, Pennsylvania, Connecticut, Massachusetts, Florida, Ohio, Indiana, Colorado, New Jersey, Nevada, Washington, Illinois, and Arkansas; he also has handled arguments and arbitrations in foreign jurisdictions. His work has resulted in numerous published opinions on commercial law issues, both at the federal and state court levels.

Career

Before co-founding HSG in 2012, Dan was a litigation partner at White & Case and then at Kasowitz. He also clerked for the Hon. Sondra Miller of the New York Supreme Court, Appellate Division, Second Department.

Personal

An avid sailor, Dan currently sits on the Advisory Board of Hudson River Community Sailing, a charitable organization that helps underserved New York City youth become leaders and achieve academic success through sailing education.

Professional Memberships

Dan is a Past Secretary to the Committee on Second Circuit Courts for the Federal Bar Council.

Awards

Education

Work Highlights

Among other high-profile matters, Dan represents and has represented Alberta’s government-owned investment fund seeking hundreds of millions of dollars from insurers over increased insurance rates; several bondholders in their defense of an action challenging the financial restructuring of Incora; an importer of PPE against Walmart in a jury trial resulting in a $101 million verdict arising out of the pandemic; a former portfolio manager against Neuberger Berman in an arbitration related to the proper valuation of his equity interest; the proprietor of the “Mother Wolf” group of restaurants against Relevant Group over the ownership of the restaurants and related IP; the Republic of Uzbekistan in a civil forfeiture action commenced by the United States; Eurofins, a French biotech conglomerate, in a high-profile action concerning Aqua Dots, a defective toy distributed worldwide; and an entity owned by Facebook co-founder Eduardo Saverin in an action against an investment advisor over investments in Facebook stock, a case in which he notched summary judgment and a multimillion-dollar judgment. Additionally, he recently represented Melody Business Finance in litigation against former hedge fund billionaire Philip Falcone, securing an award of $69.8 million—approximately 99% of the amount sought following a trial on damages.

Expert in these Jurisdictions

• New York

• U.S. Court of Appeals, Second Circuit

• U.S. Court of Appeals, Third Circuit

• U.S. District Court, District of Colorado

• U.S. District Court, Eastern District of New York

• U.S. District Court, Northern District of New York

• U.S. District Court, Southern District of New York

• U.S. District Court, Western District of New York