Brian T. Goldman

Brian Goldman brings a deep understanding of the financial markets as well as appellate litigation to his wide-ranging commercial litigation practice. Before joining Holwell Shuster & Goldberg, he clerked for two federal judges at the appellate level: Judge Richard J. Sullivan of the U.S. Court of Appeals for the Second Circuit and Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. Before entering Columbia Law School, where he was awarded the Ruth Bader Ginsburg Prize (given to the top several students in each graduating class), he gained extensive practical experience in the markets as an analyst at Barclays.

Brian has litigated a broad range of commercial cases in state and federal court at all stages, including trial, and has represented parties in arbitration in the LCIA, ICC, and AAA. He has drafted and filed briefs in state and federal appellate courts around the country, including the U.S. Supreme Court.

Brian also maintains an active pro bono practice, and was recently appointed by the Ninth Circuit to brief and argue an appeal concerning the legality of a removal order. He also served as counsel of record in an appeal in the Seventh Circuit and succeeded in securing a remand for his client.

Noteworthy

• Presented a CLE with the National Academy of Arbitrators on an amicus brief filed by HSG on behalf of the NAA in the United States Supreme Court in Morgan v. Sundance, Inc.

Notable Cases

• Melody Capital Partners, an investment fund, as plaintiff in various litigations and out-of-court foreclosures under the Uniform Commercial Code resulting from defaults under loan agreements secured by equity interests, real estate, and fine art, among other collateral.
• Valassis, a MacAndrews & Forbes company, as plaintiff in litigation against News Corp and its subsidiaries alleging federal and state antitrust violations, unfair competition, and tortious interference. The district court denied defendants’ motion for summary judgment in 2019, sending the case to a jury for trial.
• Online media company in putative class action alleging violation of the Video Privacy Protection Act (VPPA).
• Minority partners and management of an auto-loan servicing business in Puerto Rico, in a contentious partnership dispute with the majority partner, a prominent New York hedge fund.

Writings

• “The Classical Avoidance Canon as a Principle of Construction,” 43 J. LEGIS. 170 (2017)
• “Federal Regulation, Judicial Stays, and the Right to Appeal,” FEDSOC BLOG (Jan. 3, 2017)