Carl E. Goldfarb
t: 954 356 0011
f: 954 356 0022
Areas of Practice
Yale Law School, J.D., 1995; Michael Egger Price, Potter Stewart Prize
Yale University, B.A., summa cum laude, English, Philosophy, 1979; Phi Beta Kappa
Hon. Stephen Reinhardt, United States Court of Appeals for the Ninth Circuit, 1995-1996
New Jersey and Florida
Carl Goldfarb’s practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or securities claims, and frequently brought as class actions. He also specializes in appellate advocacy.
Mr. Goldfarb served as co-counsel in Halliburton Co. v. Erica P. John Fund, Inc., 134 S.Ct. 2389 (2014) (“Halliburton II”) and in Erica P. John Fund, Inc. v. Halliburton, 131 S.Ct. 2179 (2011) (“Halliburton I”), and led the briefing at the Supreme Court in both appeals. In Halliburton I, the U.S. Supreme Court ruled unanimously for Mr. Goldfarb’s client, and in Halliburton II, the Court ruled for Mr. Goldfarb’s client on the most important issue in the case.
Mr. Goldfarb was named as one of the “Legal Elite” in the area of Commercial Litigation in Florida Trend’s “Florida Legal Elite” for 2014. Mr. Goldfarb and his co-counsel were recognized by the Daily Business Review as: the most effective lawyers in the pro bono category in 2015 and in the class action category in 2009 and as finalists in the appellate advocacy category in 2014 and in the class action category in 2011.
Representative cases include:
- An appeal on behalf of plaintiffs’ in a Madoff feeder fund case, which led to the overturning of an order dismissing the action.
- Representation of two condominium associations in an action against the developer/hotel owner, which led to a favorable settlement for the associations.
- Defense of a leading national bank in a series of cases concerning the bank’s securities lending business, including a case where the court denied plaintiff’s motion to certify a national class.
- Representation of a major international law firm, which culminated in a favorable settlement.
- 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.
- Defense of Fresh Del Monte in state antitrust actions alleging monopolization of the fresh pineapple business. The trial court denied plaintiff’s motion for class certification in Florida in 2011, and in California in 2009.
- 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.
Mr. Goldfarb 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 major company in an antitrust investigation. 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 a certified class of more than 2 million children seeking to enforce federal Medicaid rights in federal court in Florida, and for his work on that case was honored by the American Academy of Pediatrics with its Child Health Advocate Award and by the Florida Medical Association with its Distinguished Layman Award. On December 31, 2014, following a 90-plus day bench trial, the district court in that case issued a 153-page sweeping decision in favor of the plaintiffs. See Florida Pediatric Society et al. v. Dudek et al, Case No. 05-23037-ClV-Jordan/O’Sullivan (S.D. Fla. Dec. 31, 2014).
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 has spoken regularly about appellate advocacy, securities law, antitrust issues, and class actions at various CLE seminars. Mr. Goldfarb spoke about federal securities law in 2014 at NERA’s summer seminar in Lake Tahoe, California and in 2015 at the Institute for Law & Economic Policy’s Spring meeting in Scottsdale, Arizona.
Mr. Goldfarb serves as president of the Board of Directors of the Americans for Immigrant Justice, one of the nation’s leading non-profit groups providing free legal representation to indigent immigrants and refugees.
Selected Professional Awards and Associations
American Bar Association
Florida Bar Association
Daily Business Review “Most Effective Lawyer” recognition in 2015 (pro bono)
Allocating the Local Apportionment Pie; What Portion Should Legal Resident Aliens Receive?, 104 Yale Law Review Journal 1441 (1995)
Circuits Split on Class Action Certification Requirements (Daily Business Review)
Supreme Court upholds Basic v. Levinson (In The News)
The BSF Report: Spring 2013 (03.08.2013)
After a Decade of Antitrust Litigation, An Extra-Sweet Victory for Fresh Del Monte (Firm Newsletter Spring 2011)
Supreme Court Grants BSF's Cert Petition in Securities Case (Firm Newsletter Spring 2011)
BSF Bats Down Antitrust Claims Against Fresh Del Monte (Winter 2010)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
Firm Cited for Landmark Pro Bono Litigation on Behalf of 1.6 Million Florida Children (January 14, 2008, at A1)
Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)
Fresh Del Monte and Senior Officers Found Not Liable in Miami Trial (November 20, 2006)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Appellate Staff, Civil Division, United States Department of Justice, 1997-1999