Marc Goldman

Marc Goldman is a commercial litigator with more than 30 years of experience handling complex disputes in federal and state courts. Marc joined Massey & Gail in 2015 after practicing at Jenner & Block from 1994 through February 2015 where he became an equity partner in 2002.  He is a graduate of Harvard Law School where he served as a Supervising Editor of the Harvard Law Review.

Marc’s practice spans a wide range of high-stakes commercial matters, including antitrust securities, contract, patent, attorney malpractice, and constitutional disputes, in both individual actions and class proceedings. He has particular experience at the intersection of competition and technology. He represents a major financial institution in credit-card antitrust listigation, advises that  institution on issues involving data aggregators and the potential antitrust exposure of technology companies, and previously litigated competition issues arising under the Telecommunications Act of 1996.

Marc has participated in major internal investigations. Most recently, he Represented the Board of Directors of a national insurance services company in a confidential, high-stakes internal investigation arising from alleged employee misconduct toward the company’s main contractual counterparty. He analyzed the complex contracts for potential liability and damages issues and  conducted witness interviews, culminating in a formal report to the Board on advisable structural and personnel changes. He also helped the company renegotiate its contractual relationship.

He has also represented clients in regulatory proceedings and related litigation across telecommunications, securities, and energy. His work includes agency enforcement actions, challenges to rulemakings, and disputes between commercial actors operating within complex regulatory regimes. He served as national counsel to a major telecommunications carrier in more than a dozen high-stakes matters involving regulatory arbitrage schemes, litigating before the FCC, federal district courts, and courts of appeals, with each matter resulting in dismissal or favorable resolution.

Marc maintains an active appellate practice and has filed more than fifteen briefs in the U.S. Supreme Court. In 2020, he secured a Supreme Court victory for a client challenging the federal government’s refusal to make “risk corridor” payments to insurers participating in the Affordable Care Act exchanges. In 2021, he won a Tenth Circuit appeal overturning a summary judgment ruling in a trademark dispute. More recently, he successfully represented a national drug distributor challenging a state opioid statute. 

Marc is also committed to pro bono work. His pro bono matters have included class actions on behalf of public housing residents that resulted in significant consent decrees, a habeas matter involving a Guantanamo detainee that helped lead to a favorable plea agreement, and a successful challenge to a voter purge in Florida on behalf of a coalition of nonprofit organizations and individual voters.