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Morgan Lewis
Goldberg

Daniel L. Goldberg

Senior Counsel

daniel.goldberg@morganlewis.com

Boston Phone +1.617.951.8327 Fax +1.617.345.5042

One Federal St.//Boston, MA 02110-1726//United States

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.

selected representations

  • 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

Awards and Affiliations

Senior Statespeople, Antitrust, Massachusetts, Chambers USA (2021) 

Senior Statespeople, Litigation: General Commercial, Massachusetts, Chambers USA (2021) 

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, 2022) 

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)

Recognized, Antitrust, Appellate, Intellectual Property, Commercial Litigation, Benchmark Litigation (Massachusetts) (2011–2016)

Recommended, Antitrust, The Legal 500 US (2012)

Recognized, Massachusetts, Super Lawyers (2004–2010)

Recognized, Business Litigation, Super Lawyers (2011)

Recognized, Antitrust, PLC Cross-Border Competition and Leniency Handbook (2007–2009)

Recognized, Competition, PLC Cross-Border Competition and Leniency Handbook (2011–2012)

Recognized, Lawdragon 3000 (2006, 2011)

Recognized, Lawdragon 500 (2006)

Commissioner, Judicial Nominating Commission, Commonwealth of Massachusetts (2011)

Member, American Bar Association

Member, Boston Bar Association

Member, Massachusetts Bar Association

Fellow, American College of Trial Lawyers

President of the Board of Trustees, Massachusetts Continuing Legal Education (MCLE)

Admissions

  • Massachusetts
  • 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

Clerkships

  • Clerkship to Judge Edward M. McEntee of the US Court of Appeals for the First Circuit (1971 - 1972)

Education

  • Harvard Law School, 1971, Juris Doctor, Cum Laude
  • Trinity College, 1968, Bachelor of Arts, Cum Laude

Sectors

  • Transportation
  • Automotive & Mobility
  • Sports

Services

  • Commercial Litigation
  • Litigation, Regulation & Investigations
  • Antitrust & Competition
  • Technology Transactions
  • Intellectual Property
  • Intellectual Property Litigation
  • Appellate
  • Class Actions & Group Litigation

Events

1/19/2016 - Auto Distribution: Current Issues & Future Trends Workshop

News

7/22/2021 - Morgan Lewis Lawyers David Bowman and Daniel Goldberg Elected to Massachusetts ACLU 2021 Board Leadership
7/19/2021 - BigLaw Partners Among New Crop of Massachusetts ACLU Directors, Law360
3/29/2018 - BTI Consulting Group Names Five Morgan Lewis Lawyers Client Service All-Stars for Third Consecutive Year
10/5/2015 - American College of Trial Lawyers Inducts Morgan Lewis Partner Daniel Goldberg

Publications

Q1 | 2022 - Morgan Lewis Automotive & Mobility – Q1 | 2022
Q4 | 2021 - Morgan Lewis Automotive & Mobility – Q4 | 2021
Q3 | 2021 - Morgan Lewis Automotive & Mobility – Q3 | 2021
Q2 | 2021 - Morgan Lewis Automotive & Mobility – Q2 | 2021
Q1 | 2021 - Morgan Lewis Automotive & Mobility – Q1 | 2021
2015-2022 - Morgan Lewis Automotive & Mobility
Q4 | 2020 - Morgan Lewis Automotive & Mobility – Q4 | 2020
Q3 | 2020 - Morgan Lewis Automotive & Mobility – Q3 | 2020
Q2 | 2020 - Morgan Lewis Automotive & Mobility – Q2 | 2020
Q1 | 2020 - Morgan Lewis Automotive & Mobility – Q1 | 2020
Q4 | 2019 - Morgan Lewis Automotive & Mobility – Q4 | 2019
Q3 | 2019 - Morgan Lewis Automotive & Mobility – Q3 | 2019
Q2 | 2019 - Morgan Lewis Automotive & Mobility – Q2 | 2019
Q1 | 2019 - Morgan Lewis Automotive – Q1 | 2019
Q4 | 2018 - Morgan Lewis Automotive – Q4 | 2018
Q3 | 2018 - Morgan Lewis Automotive – Q3 | 2018
Q2 | 2018 - Morgan Lewis Automotive – Q2 | 2018
Q1 | 2018 - Morgan Lewis Automotive – Q1 | 2018
Q4 | 2017 - Morgan Lewis Automotive | Q4 2017
Q3 | 2017 - Morgan Lewis Automotive | Q3 2017
Q2 | 2017 - Morgan Lewis Automotive | Q2 2017
Q1 | 2017 - Morgan Lewis Automotive – Q1 | 2017
Q4 | 2016 - Morgan Lewis Automotive – Q4 | 2016
Q3 | 2016 - Morgan Lewis Automotive – Q3 | 2016
Q2 | 2016 - Morgan Lewis Automotive – Q2 | 2016
Q1 | 2016 - Morgan Lewis Automotive – Q1 | 2016
Q4 | 2015 - Morgan Lewis Automotive – Q4 | 2015