Bingham

Bingham
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Daniel L. Goldberg

Partner

Dan Goldberg has a broad commercial litigation practice with a focus on antitrust, intellectual property and franchise cases, and has tried cases and argued appeals in courts around the country. He has acted as lead national and regional litigation counsel for a number of clients in complex franchise matters and has served as lead litigation counsel for the New England Patriots and the Boston Red Sox. He has both jury and bench trial experience in a wide variety of cases. His intellectual property litigation experience includes successful prosecution and defense of copyright claims and protection of team logos for the New England Patriots and Boston Red Sox. He has also counseled clients extensively on antitrust and trade regulation matters.

National Law Journal has named Dan one of the 10 most prominent litigators in Massachusetts. Best Lawyers, BTI, Lawdragon and Super Lawyers have listed him as a leading litigation lawyer in the United States. He is also ranked in Chambers USA and in the 2012 edition Dan earns considerable acclaim from clients, who note that he is “creative, fearless and remarkably efficient.”

Dan has authored numerous articles on distribution and franchising, antitrust, unfair competition, and a variety of other topics. He was the primary draftsman of the Massachusetts Antitrust Act. He has also been a frequent panelist, lecturer and chairperson of seminars and workshops related to antitrust, unfair trade practices, distribution and franchise litigation. He is the 19th president of the board of trustees of Massachusetts Continuing Legal Education (MCLE), which provides educational programs and reference materials for the Massachusetts legal community. Dan is a longtime MCLE volunteer and has been a member of the board since 2006.

Experience

  • Successfully defended the New England Patriots against a claim by MillerCoors that negotiations over a long term sponsorship agreement had ripened into an enforceable agreement.
  • Represented General Motors in a test case before the Second Circuit concerning the obligations of motor vehicle manufacturers under New York law to reimburse dealers for parts installed in connection with warranty repairs
  • Serving as lead counsel in a wide variety of complex commercial civil jury and non-jury trials and appeals in state and federal courts
  • Handling various distributor and dealer termination cases (and refusal to deal cases) in the automotive industry, the food and confectionery products industry, the building products industry, the office equipment industry, the animal feed industry, and others
  • Representing clients in appellate litigation in state and federal courts
  • Representing clients being investigated by the Department of Justice, the Federal Trade Commission and state antitrust enforcement agencies
  • Litigating civil antitrust suits in courts around the U.S. (involving claims of, e.g., monopolization, price-fixing, tying and price discrimination)
  • Establishing and implementing antitrust compliance programs for several national clients

Events

  • Guest Lecturer, Sports Law, Harvard Law School, Boston (2012, 2013)
  • Moderator, Hearsay Hazards, Advanced Legal Studies, Suffolk Law School, Boston (Sept. 12, 2013)
  • Speaker, Hot Topics in Antitrust Counseling, ABA Business Law Section Spring Meeting, Boston (April 16, 2011)

Publications

  • “Legal Roadmap to Compliance: Setting and Suggesting Minimum Resale Prices Within the Bounds of U.S. Antitrust Law,” Antitrust Hot Topics: What the Business Lawyer Needs to Know! (ABA Business Law Section April 16, 2011)

Memberships

  • American Bar Association
  • Boston Bar Association
  • Massachusetts Bar Association
  • President of the Board of Trustees, Massachusetts Continuing Legal Education (MCLE)

Awards & Honors

  • Best Lawyers, Bet-the-Company Litigation, Antitrust, Commercial Litigation (2006–2015)
  • Best Lawyers, Boston Litigation: Antitrust Lawyer of the Year (2013)
  • Benchmark Litigation, Antitrust, Intellectual Property, Commercial Litigation (Massachusetts) (2011–2013)
  • Chambers USA, Antitrust (Massachusetts) (2008–2014); General Commercial Litigation (Massachusetts) (2011–2014)
  • The BTI Client Service All-Stars, Client Service Excellence (2007, 2010–2011, 2013–2014)
  • Legal 500, Antitrust (2012)
  • Commissioner, Judicial Nominating Commission, Commonwealth of Massachusetts (2011)
  • Super Lawyers, Massachusetts (2004–2010); Business Litigation (2011)
  • PLC Cross-Border Competition and Leniency Handbook, Antitrust (2007–2009); Competition (2011–2012)
  • Lawdragon 3000 (2006, 2011)
  • Lawdragon 500 (2006)

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