Biography

ROBERT D. GOLDSTEIN is a Member of the Firm in the Litigation and Health Care and Life Sciences practices of the firm's New York office. He concentrates on Commercial Litigation, as well as Government and Internal Investigations and Litigation.

Commercial Litigation

Mr. Goldstein has more than 20 years of commercial litigation experience representing clients in a wide range of industries, including health care, securities and financial services, consulting, advertising and media, pharmaceutical, manufacturing and distributing and not-for-profits. Mr. Goldstein's substantive litigation experience is similarly diverse, and includes:

  • Restrictive covenant, non-compete and trade secret issues
  • Unfair competition claims
  • Corporate governance disputes
  • Partnership and shareholder relations
  • Partnership disputes
  • Shareholder derivate actions
  • Securities transactions
  • Intellectual property disputes
  • Antitrust claims
  • RICO claims and defenses
  • Trusts and estates actions
  • ERISA actions
  • Bankruptcy disputes

Mr. Goldstein regularly appears in federal and state courts, and before arbitrators and administrative agencies. He has handled bench and jury trials, arbitrations, mediations, TRO and preliminary injunction hearings and appeals covering a broad range of complex legal and factual issues. Mr. Goldstein also devotes a significant portion of his practice to counseling and advising clients as to strategies to minimize the risk of litigation.

The breadth of Mr. Goldstein's experience is reflected in the following representative sample of decisions in cases he has litigated:

  • FTI Consulting, Inc. v. Graves (not reported in F. Supp.2d), 2007 WL 2192200, S.D.N.Y., July 31, 2007 (NO. 05 CIV 6719 NRB)
  • Deloitte & Touche USA LLP v. Lamela (not reported in A.2d), 2007 WL 1114075, 32 Del. J. Corp. L. 897, Del.Ch., April 06, 2007 (NO. CIV.A. 1542-VCP)
  • Glades Pharmaceuticals, LLC v. Call, Inc. (not reported in F. Supp.2d), 2005 WL 563726, E.D.Pa., March 09, 2005 (NO. CIV. 04-4259)


Government and Internal Investigations and Litigation

Mr. Goldstein represents and defends clients, primarily within the health care industry, in connection with government and internal civil and criminal investigations and False Claims Act claims.

In connection with his Government and Internal Investigations practice, Mr. Goldstein:

  • Represents clients who are subjects of preliminary and formal investigations by the U.S. Department of Justice; the U.S. Department of Health and Human Services, Office of the Inspector General; and other state and federal governmental authorities
  • Conducts internal compliance investigations and advises clients on compliance issues, including voluntary self-disclosure issues
  • Assists clients in developing corporate compliance plans
  • Defends and counsels clients in litigation related to fraud and abuse laws such as federal and state false claims acts, qui tam cases, unfair trade practices and other enforcement activities
  • Represents MCOs, HMOs, nursing homes, home health agencies, health care providers, manufacturers and suppliers before courts and administrative agencies at the federal and state level

Mr. Goldstein's recent experience in Government and Internal Investigations includes:

  • Advising MCO's regarding disclosure obligations pursuant to managed care contract with State agency
  • Defending an MCO in connection with a New York State Attorney General civil and criminal investigation of alleged fraud and abuse, which resulted in a full settlement and release of claims against the MCO
  • Representing a private hospital in a qui tam action with government interveners alleging violations of the False Claims Act, ant-kickback statutes and state licensing obligations
  • Conducting an internal investigation on behalf of a hospital regarding potential Medicare fraud by an employee and advised the client as to disclosure requirements
  • Preparing voluntary self-disclosures of fraud and abuse on behalf of clients
  • Assisting a client in developing a comprehensive compliance plan consistent with government requirements and recommendations

Mr. Goldstein writes and speaks on a variety of topics, including the scope of enforceability of post-employment restrictive covenants, government investigations, internal corporate and shareholder disputes, methods and strategies to minimize the risk of litigation and Sarbanes-Oxley issues.

Education

  • The George Washington University Law School (J.D., 1989)
    • with honors
  • Florida International University (B.A., 1986)
    • with high honors

Court Admissions

  • Delaware Court of Chancery
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court, District of Maryland
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Northern District of Pennsylvania
  • U.S. District Court, Southern District of New York

Bar Admissions

  • New York