Daniel Goldberg at Holwell Shuster & Goldberg LLP represents commercial and financial services clients in connection to complex disputes. Within this, Goldberg’s practice focuses on commercial contractual disputes, business torts, bankruptcy and financial instruments. Some of Goldberg’s key clients include Melody Business Finance LLC, PPD Development, and Glatt.
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Career

Dan Goldberg brings more than 25 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 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 his 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, and Illinois; he has also handled arguments and arbitrations in foreign jurisdictions. His work has resulted in numerous published opinions on commercial law issues at the federal and state court levels.

Among other high-profile matters, he represents or 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; the Republic of Uzbekistan in a civil forfeiture action commenced by the United States; a subsidiary of 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, where he notched summary judgment and a multimillion-dollar judgment. 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.

Before co-founding HSG, Dan was a litigation partner at White & Case and then at Kasowitz, Benson, Torres & Friedman. He is a past secretary to the Committee on Second Circuit Courts for the Federal Bar Council. Dan has been recognized as a leading lawyer for Litigation: General Commercial by Chambers USA, a Litigation Star by Benchmark Litigation, and a Litigation Trailblazer by The National Law Journal.

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.

Memberships
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
Education

Pace University School of Law (J.D., magna cum laude, 1995; Editor, Pace Law Review)

Trinity College (B.A., 1989)

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Key clients

  • Melody Business Finance, LLC Alberta Investment Management Corporation (AIMCo) PPD Development Glatt

Work highlights

Represented Melody Business Finance LLC as a third party in connection with litigation among former partners, winning $70 million.
Represented AIMCo, an investment fund, as a securities intermediary. The commercial litigation spanned multiple jurisdictions and was valued at over $100 million.
Represented PPD Development in a breach of contract dispute with Edgewood Partners Insurance Center (EPIC).