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.
- 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
- 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.
September 12, 2019
September 13, 2018
June 17, 2016
July 3, 2014
July 11, 2013
October 10, 2019
Attorney-Consultant Privilege? Key Considerations for Fund Managers When Utilizing, Invoking and Waiving the Kovel Privilege for ConsultantsOctober 20, 2016
September 21, 2015
July 20, 2015
Second Circuit Decision Provides Guidance for Drafting Enforceable Broker-Dealer Agreement Forum Selection ClauseSeptember 4, 2014
January 14, 2014
SDNY Holds No Attorney-Client Privilege Applies to Communications With In-House Legal Department in ChinaDecember 13, 2013
December 5, 2013
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Presentations and Events
PresenterJune 9, 2020
Co-presenterMay 19, 2020
October 10, 2019
Speaker | Litigation UpdateOctober 26, 2017
Panelist | A Practitioner's Guide to Managing a Regulatory InvestigationMarch 19–22, 2017
PresenterOctober 27, 2016
Recent Legal Developments on Securities and Derivatives Issues for Sell-Side and Buy-Side Market ParticipantsPanelistJuly 27, 2016
HostOctober 6, 2015
Panelist | Financial Crisis Litigation: Is the End in Sight?March 15–18, 2015
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