Joshua A. Goldberg: Lawyer with Patterson Belknap Webb & Tyler LLP

Joshua A. Goldberg

View Joshua A. Goldberg 's Martindale-Hubbell Connected Profile
Phone212-336-2441

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Experience & Credentials
 

Practice Areas

  • White Collar Defense and Investigations
  • Litigation
  • Complex Commercial Actions
  • False Claims Act and Whistleblower Defense
  • Alternate Dispute Resolution
 
University University of Wisconsin, B.A., 1992
 
Law SchoolNew York University School of Law, J.D., magna cum laude, 1997 Associate Editor, New York University Law Review, Order of the Coif
 
AdmittedNew York; U.S. District Court; U.S. Court of Appeals; U.S. Court of Appeals; U.S. District Court
 
Biography

Joshua Goldberg is a partner in the firm's Litigation Department and a member of its White Collar Defense and Investigations group. Mr. Goldberg has extensive trial and appellate experience, having served as lead counsel in fifteen federal jury trials and having briefed and argued more than a dozen appeals before the U.S. Court of Appeals for the Second Circuit.

Mr. Goldberg's practice focuses on white collar criminal defense and related regulatory proceedings, internal investigations, and complex financial litigation. He has represented corporations and individuals in high-profile criminal and regulatory investigations involving alleged securities and commodities fraud, market manipulation, insider trading, antitrust violations, and violations of the federal Racketeer Influenced and Corrupt Organizations Act. He has also advised corporations regarding the Foreign Corrupt Practices Act and the False Claims Act, and has represented individuals and organizations in connection with investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the U.S. Congress, and state and local prosecutors.

Prior to joining Patterson Belknap, Mr. Goldberg served for eight years as an Assistant United States Attorney in the United States Attorney's Office for the Southern District of New York where he investigated and prosecuted complex white collar cases involving securities fraud, accounting fraud, market manipulation, investment adviser fraud, insider trading and commercial bribery. While working as a federal prosecutor, Mr. Goldberg was a member of the Securities and Commodities Fraud Task Force. He also prosecuted matters involving wire and mail fraud, money laundering, racketeering, murder, firearms and narcotics trafficking. In 2002, Mr. Goldberg received the Department of Justice Director's Award for Superior Performance. In 2010, Mr. Goldberg received a Prosecutor of the Year Award from the Federal Law Enforcement Foundation for investigating and prosecuting securities fraud at a major international corporation while serving in the U.S. Attorney's Office.

After graduation from law school, Mr. Goldberg served as a Law Clerk to the Hon. Barbara S. Jones, United States District Court for the Southern District of New York. Mr. Goldberg then worked as an associate at Patterson Belknap for three years before joining the United States Attorney's Office.

Representative Matters

Representation of a European bank in connection with an industry-wide investigation into alleged manipulation of the London Interbank Offered Rate (Libor) and the Euro Interbank Offered Rate (Euribor).

Representation of a European bank in connection with an industry-wide investigation into alleged manipulation of ISDAFIX.

Representation of a medical device manufacturer in connection with an investigation into alleged improprieties in the sale and marketing of a diagnostic assay.

Representation of a former top executive of a major retailer accused of violating the Foreign Corrupt Practices Act through operations in Mexico.

Representation of a cosmetics company in connection with a whistleblower action alleging violations of the Sarbanes-Oxley Act.

Representation of a company in connection with an investigation by the New York State Attorney General into political corruption and no-bid contracts.

Representation of a Fortune 100 company in connection with a whistleblower action alleging age discrimination, securities fraud, and violation of the Sarbanes-Oxley Act.

Representation of a pharmaceutical company in connection with an arbitration brought by a competitor alleging collusion and fraud in connection with the sale of a blockbuster drug.

Representation of a start-up company in connection with the investigation and recovery of funds embezzled by a former executive.

Representation of a financial services company in connection with a whistleblower action alleging wrongful termination and violations of the Sarbanes-Oxley Act.

Representation of individuals in connection with a criminal investigation into alleged misconduct related to the sale of financial products.

Representation of a Fortune 100 company in connection with an investigation and prosecution arising from allegations of misconduct related to a major public works project.

Representation of an executive at an international airline in connection with an investigation by the U.S. Department of Justice into alleged price-fixing of fuel surcharges.

Representation of a hedge fund portfolio manager in connection with a U.S. Department of Justice investigation into alleged insider trading.

Representation of a financial advisor in connection with a U.S. Department of Justice and SEC investigation and prosecution into alleged municipal bond bid-rigging in violation of the federal antitrust laws.

Representation of a major pharmaceutical research and development company in connection with a multi-billion dollar licensing dispute before an international arbitration tribunal in The Hague, Netherlands.

Representation of executive officers and members of the Board of Directors of a major pharmaceutical company in connection with multiple shareholder derivative actions alleging off-label marketing, violations of the federal anti-kickback statute, violations of the Foreign Corrupt Practices Act, and other regulatory violations.

Representation of a leading financial and business information provider in connection with allegations of corporate espionage and alleged violations of the federal antitrust laws, the Racketeer Influenced and Corrupt Organizations Act, and other state and federal laws.

Representation of an investment advisor and brokerage firm in connection with an investigation by the SEC into alleged securities fraud and violations of Rule 144 of the Securities Act of 1933.

Representation of an executive and several affiliated entities in connection with an investigation by the New York County District Attorney's Office into alleged financial improprieties.

Representation of a corporation before the United States District Court for the Southern District of New York in connection with recovering restitution as a victim of securities fraud related to a private investment in public equity (PIPE) transaction.

Significant Prosecutions
United States v. James J Treacy: Investigated and prosecuted the former President and COO of Monster Worldwide, Inc. for his role in a multi-year scheme to backdate numerous stock option grants at Monster, thereby causing Monster to misstate its financial results by more than $330 million.

United States v. Ross Mandell, et al.: Investigated and prosecuted several senior executives and officials of Sky Capital, a New York-based brokerage-dealer firm, for investment advisor fraud, market manipulation, and misappropriation of assets in connection with long-term scheme to defraud investors of approximately $140 million.

United States v. Mitchel Guttenberg, et al.: Prosecuted defendants for insider trading based on their use of nonpublic information regarding upcoming stock upgrades and downgrades at UBS, in violation of the federal securities laws.

United States v. Carole Argo: Investigated and prosecuted the former CFO and COO of SafeNet, Inc., a publicly-traded information resource corporation, for her role in a scheme to backdate millions of dollars' worth of employee stock option grants, in violation of the federal securities laws.

United States v. John Black, et al.: Prosecuted multiple defendants arrested as part of what was then described as the largest securities fraud investigation in history for their role in a scheme to defraud several New York-based union pension funds through kickbacks to organized crime figures and a corrupt investment advisor, in violation of various federal laws.

Significant Prosecutions

United States v. James J Treacy: Investigated and prosecuted the former President and COO of Monster Worldwide, Inc. for his role in a multi-year scheme to backdate numerous stock option grants at Monster, thereby causing Monster to misstate its financial results by more than $330 million.

United States v. Ross Mandell, et al.: Investigated and prosecuted several senior executives and officials of Sky Capital, a New York-based brokerage-dealer firm, for investment advisor fraud, market manipulation, and misappropriation of assets in connection with long-term scheme to defraud investors of approximately $140 million.

United States v. Mitchel Guttenberg, et al.: Prosecuted defendants for insider trading based on their use of nonpublic information regarding upcoming stock upgrades and downgrades at UBS, in violation of the federal securities laws.

United States v. Carole Argo: Investigated and prosecuted the former CFO and COO of SafeNet, Inc., a publicly-traded information resource corporation, for her role in a scheme to backdate millions of dollars' worth of employee stock option grants, in violation of the federal securities laws.

United States v. John Black, et al.: Prosecuted multiple defendants arrested as part of what was then described as the largest securities fraud investigation in history for their role in a scheme to defraud several New York-based union pension funds through kickbacks to organized crime figures and a corrupt investment advisor, in violation of various federal laws.

OTHER
Served as a faculty member in connection with the Lawline.com presentation of White Collar Crimes: The Notable Cases of 2009.??

Served as co-host in connection with 2010 Martindale-Hubbell counsel-to-counsel forum.

HONORS: Named in Super Lawyers 2012 and 2013 in the area of Criminal Defense: White Collar

Publications

Co-Author, KBR Case May Impact Internal Investigations, Law360(March 17, 2014)

Related Publications

July 2014
Appeals Court Confirms that Results of Internal Investigation are Privileged

June 2014
FDA Promises Guidance on Lawful Off-Label Promotion

June 2014
The Impact of the Supreme Court's RecentHalliburtonDecision on Securities Litigation

News

December 14, 2010
Firm Names Four New Partners and Three New Counsel

November 15, 2010
Joshua A. Goldberg Receives Prosecutor of the Year Award from FLEF

 
ISLN913849758
 

Documents by this lawyer on Martindale.com

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Appeals Court Confirms that Results of Internal Investigation are Privileged
Joshua A. Goldberg,Erik Haas,Deirdre A. McEvoy,Daniel S. Ruzumna,Harry Sandick, July 17, 2014
On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client privilege to corporations within the business setting as set forth by the...

FDA Promises Guidance on Lawful Off-Label Promotion
Michael F. Buchanan,William F. Cavanaugh,Joshua A. Goldberg,Erik Haas,Daniel S. Ruzumna, July 17, 2014
Earlier this month, the U.S. Food and Drug Administration (the “FDA”) announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The healthcare industry has heralded this announcement as a...

The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation
Joshua A. Goldberg,Erik Haas,Peter C. Harvey,James V. Masella, III,Peter W. Tomlinson, July 7, 2014
On June 23, 2014, the Supreme Court issued its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. In Halliburton, the Court declined to overrule Basic v. Levinson, but rather imposed limitations on the “fraud-on-the-market theory,” making it easier for securities class...

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Office Information

Joshua A. Goldberg

1133 Avenue of the Americas
New YorkNY 10036-6710




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