Carl E. Goldfarb
practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair competition claims, both in trial courts and on appeal.
He also specializes in class action litigation, regularly representing plaintiffs and defendants.
is co-counsel in Erica P. John Fund, Inc.
v. Halliburton, -- S.Ct. ----, 2011 WL 2175208 (U.S.), 79 USLW 4416, 11 Cal. Daily Op.
Serv. 6803, in which the U.S. Supreme Court
on June 6, 2011 ruled unanimously for the plaintiff, Mr. Goldfarb's
The Court reversed the Fifth Circuit, which had denied plaintiff's motion for class certification in that federal securities action.
led the briefing at both the petition and merit stages.
Significant other recent representations include:
Defense of Fresh Del Monte in a federal antitrust litigation alleging monopolization of the fresh pineapple business.
In 2009, the district court (SDNY) entered summary judgment in favor of Del Monte
, and the Second Circuit affirmed that judgment in 2010.
and co-counsel were recognized by Daily Business Review for most effective lawyers in area of class action cases in 2009.
Defense of Fresh Del Monte in state antitrust litigation alleging monopolization of the fresh pineapple business.
In 2009, the state trial court in California denied plaintiffs' motion for class certification.
Defense of Fresh Del Monte in an indirect purchaser antitrust action in federal court.
The court denied plaintiffs' motion to certify a national class in that action in 2008.
has represented the seller of a technology business in a two-month arbitration regarding breach of contract and fraud claims; a major tobacco company in antitrust litigation; and a large New York financial institution in a series of cases growing out of its securities lending program.
Mr. Goldfarb is fluent in Spanish and has significant experience in litigation that has a nexus to Latin America.
Mr. Goldfarb is also co-lead counsel in the firm's pro bono representation of Florida children seeking to enforce federal Medicaid rights in federal court.
The district court in that case certified a class of more than 1.5 million children enrolled in or eligible for Medicaid in Florida.
The bench trial commenced December 7, 2009, and has already run ten sessions and is expected to continue for a number of months in a series of periodic trial settings.
Prior to joining Boies, Schiller & Flexner LLP, Mr. Goldfarb served on the Appellate Staff with the Civil Division of the United States Department of Justice in the District of Columbia.
With the Department, he
argued more than a dozen cases in the United States Court of Appeals
and drafted several Supreme Court Briefs for the Office of the Solicitor General.
Mr. Goldfarb also worked as a reporter for several daily newspapers and was one of twelve Miami Herald reporters to contribute to a staff Pulitzer Prize in 1991 for breaking news.
Mr. Goldfarb serves on the Board of Directors of the Florida Immigrant Advocacy Center, one of the nation's leading non-profit groups providing free legal representation to indigent immigrants and refugees, and recently completed a third, one-year term as president of the Board.