Biography

Mr. Goldberger, a litigator, concentrates his practice in a wide variety of complex commercial matters including securities litigation, consumer fraud class actions, restrictive covenants, derivative actions, internal investigations, False Claims Act litigation, RICO litigation and issues relating to the availability of insurance coverage for commercial litigation matters.

Mr. Goldberger has represented clients of every size from start-ups to Fortune 500 public clients, and from virtually every industry including: financial institutions, stockbrokers, investment/securities industry, banks and banking, accounting firms, cable and telecommunications, real estate investment trusts, real estate partnerships, construction companies, engineering firms, equipment leasing, semiconductors, chemicals, retailers, shopping centers, home shopping companies, slot machines, hospitals, nursing homes and funeral homes.

Mr. Goldberger has worked on a wide variety of securities cases in the federal district courts and the federal appellate courts. He has also represented clients in NASD and NYSE arbitration proceedings on securities matters.  Mr. Goldberger has also successfully defended derivative litigation as well as an important case revolving around a hospital's ownership of research information generated as a result of treatment performed on its patients.  He also conducted an arbitration in which the client was awarded $16.2 million.  

Mr. Goldberger has been involved in many consumer fraud class actions matters.  He has also worked on more than 20 restrictive covenant matters. He has used his experience litigating these matters to aid clients when drafting employment agreements that involve such clauses. The kinds of restrictive covenants he has encountered run the gamut from the mundane (e.g., non-solicitation covenants that prevent poaching clients or customers of the former employer) to the complex (e.g., agreements that involve a garden leave clause that requires an employee to work from home, while continuing to receive his or her usual salary and benefits, once notice is given to the employer of an intent to work for a competitor).

For more than 20 years, Mr. Goldberger has advised clients about insurance and litigated with insurance carriers on a variety of D&O liability insurance matters. He also has performed risk analysis and due diligence for clients when selecting D&O coverage. He has also obtained coverage for clients under various policies for commercial matters when such coverage seemed at first glance to be unavailable.

Mr. Goldberger has argued in the Supreme Court of the United States and in appellate and trial courts throughout the United States.

Education

University of Pennsylvania Law School, Philadelphia, PA, 1978
J.D.
cum laude
Order of the Coif

University of Pennsylvania, Philadelphia, PA 1975
B.A. 
magna cum laude

Honors and Awards

Editor, University of Pennsylvania Law Review
Phi Beta Kappa

Professional Associations and Memberships

American Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association

Bar Admissions

Pennsylvania, 1978