About David L. Goldberg

Veteran litigator David Goldberg helps financial institutions in high-stakes, complex litigation and enforcement matters. As a former AUSA who spent a decade as in-house counsel for a financial services firm, David knows firsthand the pressures and challenges his clients face. His no-surprises approach to litigation and investigations offers peace of mind when stakes are high and the outcome is uncertain.

Understanding financial services disputes from the inside out

As executive director and senior associate general counsel for UBS Securities LLC, David managed many of the firm's largest investment banking disputes and regulatory investigations. He knows the challenges and opportunities financial institutions face during regulatory investigations and enforcement matters, and his understanding of the industry allows him to position his clients for the best outcomes possible. David also spent seven years at UBS Wealth Management Americas, where he personally handled hundreds of retail investor arbitrations, disputes and regulatory matters.

In his role as in-house counsel, David handled most types of major class-action and securities litigation. These included residential mortgage-backed securities, auction rate securities, collateralized debt obligations, structured products, affiliated bank sweeps programs and market timing cases. David also worked across all of the key product areas that comprise an integrated modern financial institution, representing UBS's equities, fixed income, investment banking advisory and wealth management franchises.

David previously served with distinction as an AUSA in the US Attorney's Office for the Eastern District of New York, where he received the John Marshall Award, one of the highest honors given by the DOJ.

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Practice Focus

  • Securities enforcement and litigation
  • Broker-dealer litigation and arbitration
  • Class actions
  • Commercial litigation, including disputes related to contracts, fraud and fiduciary duty claims, raiding and recruiting, and employment
  • Regulatory enforcement investigations and litigation
  • Internal investigations
  • Intellectual property disputes

Representative Experience

  • Defended state-licensed industrial bank against allegations of wrongful liquidation of securities collateral in action seeking more than $60 million. Obtained summary judgment dismissing breach of contract and fiduciary duty claims. Client was awarded attorney’s fees/costs incurred.
  • Represented employer in breach of contract dispute with former employees. Won TRO and preliminary injunction in state court action to enforce restrictive covenants.
  • Successfully moved for change of venue in ISDA swaps litigation.
  • Represented international banking client in trading dispute. Won dismissal and First Department appeal.
  • Represented US-based broker-dealer in federal and state court consumer protection statutory litigation. Won dismissal of class action claims.
  • Represented registered representatives in FINRA investigations. No formal actions resulted.
  • Represented US-based broker-dealer in FINRA arbitration proceedings related to alleged wrongful liquidation claims. Arbitration panel awarded less than 4% of claimed damages after two-week evidentiary hearings.
  • Represent international financial institution in insurance policy dispute.
  • Represent defendant in RICO action.
  • Represented international financial institution in RMBS class action litigation.
  • Represented international financial institution in FINRA arbitration proceeding arising from credit crisis market failures.
  • Counsel in internal investigation/review of fee dispute for global investment banking firm.
  • Counsel in internal investigation/review of trading loss for global investment banking firm.
  • Represent successor in interest of industrial partnership in ICC arbitration involving breach of contract claims.

News

Publications

Presentations and Events

Practices
Education
  • Boston University School of Law, JD, cum laude
  • University of Pennsylvania, BA, with honors
Bar Admissions
  • New York
Community Involvements
  • Securities Industry and Financial Markets Association, Litigation Advisory Committee Chairman
  • West Side Campaign Against Hunger, Board Member
Recognitions
Recognized or listed in the following:
  • Best Lawyers in America
    Litigation – Securities, 2020–2023
  • Super Lawyers
    New York, 2018–2022
  • The Legal 500 United States
    Recommended Attorney, 2014, 2016, 2020, 2022
  • US Attorney General
    John Marshall Award for Outstanding Legal Achievement, 1998
Award Methodologies