Dan Goldberg has litigated high-stakes commercial disputes for more than 25 years in a trial practice of national and international scope. He is regularly engaged by clients mid-litigation to try or close out their cases, and to take on matters presenting particularly novel and difficult issues. 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 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 Holwell Shuster & Goldberg 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.
Dan has represented clients in other high-profile bankruptcies and disputes involving hedge funds, including a dispute between the Soros spinoff hedge fund Camulos Capital and a German subsidiary of Lehman Brothers over a $100 million repo agreement.
He also previously represented Royal Bank of Canada and the State Bank of India in connection with Enron’s bankruptcy and the securities class actions growing out of it, and testified as an expert for the agent bank in the Puerto Rico bankruptcy on the appropriate reserve to be held back from the Plan distribution for litigation costs to defend claims asserted by members of the lender group.
Among other high-profile matters, he currently represents Alberta’s government-owned investment fund seeking hundreds of millions of dollars from various insurers over increased insurance rates; an ad hoc group of bondholders in the LATAM bankruptcy; Melody Capital Partners in a lawsuit against former hedge fund manager Philip Falcone over his alleged failure to repay a series of loans; TIG Insurance Company in an appeal in the Second Circuit addressing when an ADR provision requires subsequent agreement to use arbitration in order to be enforceable; a European bondholder challenging the debt restructuring of airline service-provider Swissport; and the Republic of Uzbekistan in a civil forfeiture action commenced by the United States. Additionally, he recently represented 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.
Before founding HSG, Dan was a litigation partner at White & Case and then at Kasowitz, Benson, Torres & Friedman. He was named one of 30 Litigation Trailblazers by The National Law Journal in 2018.