Dan W. Goldfine

Experience

Class Action

• Represented large national automobile insurer in $21 billion nationwide consumer class action alleging price fixing of insurance. Obtained dismissal with prejudice.
• Defended client in multi-billion-dollar Racketeer Influenced and Corrupt Organizations Act (RICO) class action. Obtained dismissal with prejudice at trial.
• Defended client in a nationwide class action alleging breach of contract and consumer fraud. Defeated nationwide class allegations on a motion to strike and obtained dismissal of the remaining state class allegations.
• Defended companies in healthcare, pharmaceutical and insurance industries in addition to manufacturers and consumer marketers against antitrust, RICO, False Claims Act and consumer fraud class actions filed in federal and state courts in California, Arizona, Florida, Illinois, Indiana, Washington, Nevada, Utah, Oregon, Georgia, Minnesota, Alabama, Louisiana, Mississippi, Pennsylvania, New Jersey and Ohio, obtaining dismissals and summary judgments and defeating many classes seeking certification.
• Defended several hospitals in both U.S. Department of Justice (DOJ) investigation and tag-along class action, alleging that hospitals and trade association had fixed wages of part-time nurses and other employment issues. Obtained declination by DOJ and denial of certification of more than 80 percent of alleged class.
• Defended a large automobile insurer against Florida, Ohio and Louisiana statewide class actions alleging the suppression of valuations of total loss vehicles. In Florida, obtained dismissals with prejudice. In Ohio, obtained a dismissal with prejudice in part and defeated class certification for the remainder of the claim on an adverse impact theory. In Louisiana, defeated class certification on adverse impact theory. The Fifth Circuit affirmed.
• Defended a large automobile insurer against a nationwide class action filed in the Northern District of Illinois alleging the suppression of labor rates. Obtained a dismissal with prejudice on all federal and state claims.
• Represented automobile manufacturer in consumer class action alleging price fixing. Obtained dismissal with prejudice.
• Defended internet, email and telemarketing companies against allegations of consumer fraud and violations of state consumer protection statutes in multiple states including California and New York.
• Persuaded 9th Circuit to reverse order remanding state consumer protection class action to state court.
• Defended large automobile insurer against nationwide class action claim alleging breach of insurance agreement and potential exposure in excess of $1 billion. Obtained order striking the nationwide class, and the state-only class action was dismissed with prejudice.
• Defended auto manufacturers in grey market antitrust class actions.

Antitrust

• Defended clients against antitrust charges in more than 20 states, obtaining dismissals with prejudice at trial level and, after arguing before the 11th Circuit sitting en banc, affirmance.
• Represented long-distance provider in lawsuit claiming monopolization, obtaining dismissal with prejudice.
• Defended large Arizona hospital chain against antitrust conspiracy allegations. Obtained a dismissal of the antitrust claim with prejudice.
• Defended the Arizona State Bar against antitrust conspiracy allegations. Obtained a dismissal with prejudice.
• Counseled clients applying for and receiving corporate leniency from DOJ and state Attorneys General.
• Represented two healthcare providers who alleged that monopolist hospital had blocked their opening of competing outpatient facility. Obtained multi-million-dollar settlement.

Appellate Arguments

• Argued before the Fifth Circuit to affirm denial of certification of a putative class of insureds claiming undervaluation of total loss claims.
• Argued before the 11th Circuit en banc to affirm the dismissal of antitrust and common law claims involving the payment of repair costs. Affirmed, leading to the dismissal with prejudice of more than 20 such claims brought by several hundred body shops across the U.S. in an MDL.
• Argued before the Ninth Circuit to affirm denial of remand of a class action to state court involving loss of use and rental reimbursements. Affirmed.
• Argued before the Ninth Circuit to affirm dismissal of a nationwide class action alleging failure to pay for scanning. Affirmed in relevant part, leading to a striking of the nationwide class and dismissal with prejudice on remand.
• Briefed in opposition to a CAFA jurisdiction petition before the Ninth Circuit. Petition denied.
• Briefed in favor of reversing the certification of a nationwide class alleging price-fixing and the denial of a motion to dismiss before the 11th Circuit. Class certification reversed and the matter was dismissed with prejudice.
• Briefed and argued multiple appeals before the Arizona Court of Appeal and the Arizona Supreme Court.

Government Investigations

• Represented a client at sentencing following convictions for price-fixing and wire fraud. After four days of contested evidentiary hearings, persuaded the court to impose a 40-month sentence, more than 90 months below the 130–148 months sought by the government, and to find no victim harm despite the government's request for more than $4 million in restitution.
• Defended public companies in both parallel DOJ-SEC investigations and SEC investigations looking at allegations of market manipulation and insider trading, obtaining no enforcement action in each instance.
• Defended the president of a PAC against allegations of bribery involving dark money expenditures, preventing a grand jury indictment.
• Defended the Chief of Staff of a U.S. Congressman against allegations of bribery, obtaining an official declination of prosecution.
• Defended a retired Army general against allegations of business dealings in violation of multiple federal laws, including the Espionage Act. Obtained an official declination of prosecution.

Additional Experience

• Obtained $277 million jury verdict in business-against-business dispute on behalf of large publicly held Arizona company.
• Represented pharmaceutical wholesaler in warehouse fire matter, leading to total settlements with insurers and warehouse operator in excess of $50 million.
• Defended large Phoenix-based company during Securities and Exchange Commission (SEC) and DOJ investigation of insider trading by chief executive officer and chairperson. Obtained declinations from both SEC and DOJ.
• Defended companies against allegations of options backdating. Resulted in no enforcement actions.

Recognitions

Professional & Civic Activities