Daniel L. Goldberg has a broad commercial litigation practice with a focus on antitrust, intellectual property, and franchise cases, and tries cases and argues appeals in courts around the country. He has acted as lead national and regional litigation counsel 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.
Dan’s 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 also counsels clients extensively on antitrust and trade regulation matters.
Dan has authored numerous articles on distribution and franchising, antitrust, unfair competition, and a variety of other topics, and was the primary draftsman of the Massachusetts Antitrust Act. He is a frequent panelist, lecturer, and chairperson of seminars and workshops related to antitrust, unfair trade practices, distribution, and franchise litigation.
Dan 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. 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. Before joining Morgan Lewis, Dan was a partner in the antitrust and trade regulation practice of another international law firm.
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 US (involving claims of, e.g., monopolization, price-fixing, tying and price discrimination)
Establishing and implementing antitrust compliance programs for several national clients
Harvard Law School, 1971, Juris Doctor, Cum Laude
Trinity College, 1968, Bachelor of Arts, Cum Laude
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the First Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US District Court for the District of Massachusetts
Supreme Court of the United States
Clerkship to Judge Edward M. McEntee of the US Court of Appeals for the First Circuit (1971 - 1972)
Awards and Affiliations
Ranked, Antitrust, Massachusetts, Chambers USA (2020)
Ranked, Litigation: General Commercial, Massachusetts, Chambers USA (2020)
Recognized, Bet-the-Company Litigation, Boston; Litigation – Antitrust, Boston; Commercial Litigation, Boston, The Best Lawyers in America (2006–2020)
Member, Practice Group of the Year, Competition, Law360 (2017–2020)
Recognized, US News & World Report and Best Lawyers 2017 Practice Group of the Year for Antitrust Law
Band 1, Antitrust, Massachusetts, Chambers USA (2008–2014, 2016–2019)
Band 1, Litigation: General Commercial, Massachusetts, Chambers USA (2011–2019)
Client Service All-Star, BTI Consulting Group (2007, 2010, 2011, 2013, 2014, 2018)
Lawyer of the Year, Bet-the-Company Litigation, Boston, The Best Lawyers in America (2019)
Lawyer of the Year, Antitrust Litigation, Boston, The Best Lawyers in America (2013)