Marc A. Goldman

PARTNER

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Massey & Gail LLP
The Wharf
1000 Maine Ave. SW
Suite 450
Washington, D.C. 20024

Office: 202.652.4511
Direct: 202.650.5453
Fax: 312.379.0467

Marc Goldman has over 25 years of experience as a commercial litigator.  From 1994 through February 2015, he worked at Jenner & Block, where he became an equity partner in 2002.

Marc has handled a wide array of complex commercial matters (both individual disputes and class actions) including securities, contract, patent, attorney malpractice and constitutional disputes.  He has deep experience in competition and technology issues. He advises a major financial institution on the relationship of banks to data aggregators and on the potential vulnerability of technology companies to antitrust challenges. He previously spent many years litigating competition issues growing out of the Telecommunications Act of 1996.

Marc has represented clients in regulatory proceedings and related litigation in areas that include telecommunications, securities, and energy.  His work spans agency enforcement actions, challenges to rulemakings, and litigation between commercial actors substantially impacted by regulatory regimes.  For example, he served as national counsel to a major telecommunications carrier in more than a dozen high stakes cases concerning regulatory arbitrage schemes—cases that he litigated before the FCC, district courts, and courts of appeal and that all resulted in dismissals or favorable settlements.

An experienced appellate lawyer, Marc has filed more than fifteen Supreme Court briefs and maintains an active appellate practice.  In 2020, the Supreme Court delivered a victory to Marc’s client who challenged the government’s refusal  to make “risk-corridor” payments to certain insurers that participated in the first health-care exchanges under the Affordable Care Act. His current cases include a 10th Circuit case in which he was brought in to challenge a federal district court decision finding his client had no trademark rights, and representation of a national drug distributor helping to challenge a state opioid statute with multiple troublesome features.

Driven by a long-standing commitment to pro bono work, Marc has brought his legal expertise to bear for underserved groups and individuals.  Currently, Marc is advocating on behalf of two unions to help defend antidiscrimination regulations applicable to government contractors.  His previous pro bono work includes class actions on behalf of public housing residents that resulted in significant consent decrees, a habeas action on behalf of the second Guantanamo detainee charged with war crimes that helped facilitate a favorable plea agreement, and a successful challenge to a voter purge in Florida on behalf of a coalition of non-profits and individual voters.

In the spring of 1999, he served as a visiting professor of constitutional law at the University of Iowa Law School.

  • Harvard Law School, J.D., magna cum laude, 1993. Supervising Editor of the Harvard Law Review.
  • Harvard College, A.B., magna cum laude, 1988. Ranked in top 5 in nation in college debate.
  • Harvard Graduate School, 1988-1990. Completed coursework and examinations for a Ph.D. in Government.

  • The Honorable Edward Becker, Chief Judge of the U.S. Court of Appeals for the Third Circuit

  • District of Columbia
  • United States Supreme Court
  • United States Court of Appeals for the D.C. Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Federal Claims

  • Making Sense of Prometheus, Intellectual Property, ABA Section of Litigation, (September 12, 2012)
  • The USTA Decisions and the Rise and Fall of Telephone Competition, 22 Communications Lawyer (Summer 2004)
  • Case Comment, Grounds for Modification of Consent Decrees: Rufo v. Inmates of Suffolk County Jail, 106 Harvard Law Review (1992)
  • Panel, Washington College of Law, Supreme Court Series:  Lexmark International, Inc. v. Static Control Components, Inc ; available at http://www.pijip-impact.org/lexmark (December 12, 2013)

  • Founding Board Member of Washington Urban Debate League
  • Active pro bono practice

  • Telecommunications
    • Served as lead counsel for national telecommunications carrier in more than a dozen cases involving regulatory arbitrage, leading to dismissal of one on statutory grounds, invalidation of a tariff in another, dismissal on grounds of issue preclusion in a third, and favorable settlements in the remainder.
    • Worked with renowned constitutional expert on 2019 report on First Amendment implications of state privacy statute.
    • Served as lead counsel to major telecommunications carrier in three class actions concerning overbilling, resulting in dismissal of one and successful resolution of the other two prior to class certification.
    • Represented major telecommunications carrier on appeals related to telecommunications issues, including Supreme Court cases on the meaning of the Communications Act of 1996, the interaction between the antitrust laws and the Communications Act, and the interaction of abstention doctrines and the Communications Act.
    • Advocated for clients in numerous FCC proceedings including proceedings to implement the Telecommunications Act of 1996, such as an FCC arbitration on pricing models, and proceedings to obtain approval of mergers.
  • Finance and Securities
    • Advised major financial institution on multiplicity of issues including Dodd Frank financial regulations, relationship of banks and financial aggregators, growth of Apple Pay, and frequent-flier credit cards.
    • Represented Fortune 50 company in a later-settled SEC investigation involving pension, derivatives and commodities accounting and disclosure issues.
    • Represented bankrupt Fortune 500 company in successful effort to obtain recourse from banks that sold auction rate securities that later became nearly valueless.
    • Helped defend largest FINRA arbitration award in history arising from the failure of the auction rate securities market.
  • Other regulatory-related litigation
    • Represented insurance company in successful Supreme Court challenge to failure of government to abide by its obligation to make “risk-corridor payments” under the Affordable Care Act.
    • Represented major drug distributor to help industry association challenge a bizarre state statute that required opioid distributors and manufacturers to make certain payments.
    • Helped North Carolina Public Utilities Commission investigate potential misrepresentations in merger of energy companies.
    • Represented a subsidiary of Delta Airlines in challenging to EPA rule on renewable fuel standards at D.C. Circuit and in crafting strategy at EPA to waive or revise policy going forward.
    • Assisted United Autoworkers and the Communications Workers of America in defending government antidiscrimination rules applicable to government contractors.
  • Other Competition
    • Represented major railroad in price-fixing class action.
    • Represented plaintiffs in successful response to appeal of attorneys’ fees decision in antitrust action against NCAA.
  • Attorney Malpractice
    • Represented Fortune 50 company in attorney-malpractice action against lawyers who, at behest of insurance company, had defended company in major tort suit – leading to advantageous settlement.
    • Represented buyer/lessor (major financial institution) in making claims against attorneys of seller/lessee who had given opinion letter that had induced buyer/lessor to enter transaction shortly before seller/lessee went bankrupt – leading to advantageous settlement.
  • Contract
    • Represented major financial institution in successful appeal of judgment for breach of brokerage contract.
    • Represented former CEO in dispute over company’s effort to deny him his options, resulting in advantageous settlement.
    • Represented holding company in dispute over funds placed in escrow pursuant to stock purchase agreement.
    • Represented real estate company in challenge to city’s decision to renege on agreement to agree – resulting in advantageous settlement.
  • Intellectual Property
    • Represented American Intellectual Property Law Association in filing Supreme Court amicus brief regarding standing for false advertising under the Lanham Act. Brief was described as “powerful” in a Scotusblog article and many of its arguments were accepted in the Supreme Court’s decision. Mr. Goldman participated in a panel in the case with video at http://www.pijip.org/lexmark.
    • Drafted Supreme Court amicus brief for Pharmaceutical Research and Manufacturers of Americae on the scope of patentable subject matter.
    • Drafted Supreme Court brief for BIO on scope of the patent venue statute.
    • Briefed and awaiting argument in 10th Circuit case on trademark rights.
    • Helped successfully defend a major patent verdict at the Federal Circuit and to obtain a remand for award of additional damages.
    • Represented a patent-holder defending the validity of its patents at the Federal Circuit against a § 101 challenge, resulting in a successful settlement.
    • Drafted multiple Federal Circuit briefs on claim construction, validity, inequitable conduct and attorneys’ fees.
    • Represented MCI in patent litigation against AT&T, resulting in successful settlement.
  • Pro Bono
    • Represented two Florida voters and a coalition of nonprofits in response to a 2012 voter purge in Florida, resulting in: (1) an 11th Circuit decision declaring the purge illegal because such systematic purges could not occur within 90 days of a federal election, and (2) settlement of other claims resulting in restoration of voters to the rolls prior to the 2012 election.
    • Defended one of the first two Guantanamo detainees charged with war crimes. Case resulted in plea bargain, six-month sentence and release.
    • Helped United Autoworkers and Communications Workers of America defend government antidiscrimination rules applicable to government contractors.
    • Represented class that challenged discrimination in Miami public housing and Section 8 program, resulting in consent decree altering intake procedures and other aspects of housing system for 10 years.
    • Successfully argued Fourth Circuit appeal precluding modification of consent decree in Baltimore case involving desegregation of public housing.
    • Prepared Supreme Court amicus brief for coalition of social scientists in Town of Greece v. Galloway. arguing that prayer before town council meetings is coercive in a manner different than that before federal or state legislative sessions.
    • Filed Supreme Court amicus brief for coalition of law professors who successfully argued that post-trial challenges to jury verdicts should be permitted based on evidence of racial bias in jury deliberations.