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Washington, D.C.
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Practices
Industries

Roy Goldberg

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Partner  

Mr. Goldberg is a partner in the Business Trial Practice Group in the firm’s Washington, D.C. office, and is the head of the Firm’s aviation industry team.

Areas of Practice

Mr. Goldberg has extensive experience since 1989 in commercial and regulatory litigation before federal and state courts, government agencies and domestic and international arbitration panels.  Substantive areas of litigation include antitrust, aviation matters, commercial contract disputes, patent and trademark litigation, challenges to government user fees and rules and regulations, and international trade matters.

Education

  • J.D., University of Colorado, 1987
  • B.A., University of Kansas, 1984

Clerkships

  • Law Clerk to The Honorable Jim R. Carrigan, U.S. District Court for District of Colorado

Admissions

  • D.C.
  • Maryland
  • Colorado
  • U.S. District Court for District of Columbia
  • U.S. District Court for District of Maryland
  • U.S. Supreme Court
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for D.C. Circuit
  • U.S. Court of International Trade
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit

Antitrust Matters

Mr. Goldberg has represented airlines in connection with allegations of price signaling and price fixing, and has represented a major telecommunications company on antitrust issues.  Mr. Goldberg also has represented entities on issues relating to anticompetitive conduct in the financial services industry.  Mr. Goldberg has counseled various companies and trade associations on a variety of antitrust issues.

Aviation Law Matters

Mr. Goldberg has represented several airlines on matters relating to U.S. laws and regulations that impact airline operations and the conduct of their business in the United States. 

In November 2008, Mr. Goldberg successfully argued a case challenging millions of dollars in security screening fees imposed by the U.S. Transportation Security Administration.  Southwest Airlines Co. v . Transp. Sec. Admin., 554 F.3d 1065 (D.C. Cir. 2009). 

In September 2008, Mr. Goldberg obtained dismissal of a class action suit in California alleging that an airline improperly collected Mexican tourism taxes from exempt passengers.  The case is now on appeal to the U.S. Court of Appeals for the Ninth Circuit.

In 2007, Mr. Goldberg served as lead trial counsel for seven U.S. airlines challenging millions of dollars in new airport terminal charges at Los Angeles International Airport.  Key issues in the litigation involved (1) whether the fees were unjustly discriminatory, and (2) whether the airport operator (LAX) abused its monopoly power position by using “fair market value” pricing to set the fees.  Following a month long trial the U.S. Department of Transportation, on June 15, 2007, ruled that the new charges unjustly discriminated against the air carriers and ordered the airport to refund all of the unlawful fees.  The ruling sets important legal precedent, provides critical protections to air carriers against unjust discrimination by airports, and should result in more than 100 million dollars in refunds and cost savings to the airlines.  In December 2008 Mr. Goldberg argued on behalf of the airlines in connection with the appeal of the DOT decision before the U.S. Court of Appeals for the D.C. Circuit.  (A decision is expected later this year.)

In 2008, Mr. Goldberg successfully persuaded the U.S. Department of Transportation to rule that a “privilege fee” imposed by the Township of Tinicum, Pennsylvania on airlines using the runways at Philadelphia International Airport was unlawful.  In January 2009, Mr. Goldberg argued on behalf of the airlines in connection with the appeal of the DOT decision before the U.S. Court of Appeals for the Third Circuit.  (A decision is expected later this year.)

In 2003, Mr. Goldberg successfully argued a case on behalf of a coalition of international airlines that challenged air traffic control user fees imposed on “overflights” by the U.S. Federal Aviation Administration.  Air Transport Association of Canada v. FAA, 323 F.3d 1093 (D.C. Cir. April 8, 2003). The outcome of that case and related litigation resulted in refunds of several millions of dollars plus cost savings in the hundreds of millions of dollars for the international aviation community. Mr. Goldberg played an important role in successfully challenging the same type of user fees in 1998.  Asiana Airlines v. FAA, 134 F.3d 393 (D.C. Cir. 1998).

Mr. Goldberg also represented an airline challenging passenger facility charges imposed by the airports in Minneapolis-St. Paul and Memphis.  Northwest Airlines, Inc. v. FAA, 14 F.3d 64 (D.C. Cir. 1994).



Intellectual Property Matters

Representation of plaintiffs and defendants in disputes involving claims for patent infringement, trademark or copyright infringement, misappropriation of trade secrets; extensive counseling in these areas; also represent trademark applicants in matters before the U.S. Patent and Trademark Office.  Mr. Goldberg was successful in obtaining the dismissal of a patent infringement suit against a major international airline, without the airline having to pay a single dollar in damages, and with most of the legal fees paid by a third party under an indemnification agreement. He obtained dismissal of a similar patent infringement lawsuit against the same airline the previous year. In 2008, Mr. Goldberg obtained a preliminary injunction for pharmaceutical company alleging patent infringement against competitor.  Everett Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc., 573 F.Supp.2d 855 (D.N.J. 2008).  Representation of trademark owners in disputes to obtain Internet domain names; and representation of companies in contract and tort disputes relating to telecommunications and computer software and equipment and systems integration matters.

Other Matters

Mr. Goldberg obtained a ruling from the U.S. Court of Appeals for the Fourth Circuit affirming the summary judgment entered the prior year on behalf of a major seller of telecommunications equipment against a former salesperson seeking $12 million in additional sales commissions.   Rahrig v. Alcatel USA Marketing, Inc. 217 Fed. Appx. 189 (4th Cir. 2006). 

In 2006, Mr. Goldberg led a trial team that obtained a jury verdict finding that the defendant managing general partners of a limited partnership had breached the fiduciary duties owed to the firm’s client.  The verdict was affirmed on appeal.   Alloy v. Wills Family Trust¸ 944 A.2d 1234 (Md. App. 2008). 

Mr. Goldberg successfully defended a summary judgment obtained on behalf of a major financial services company in an appeal to the U.S. Court of Appeals for the Fourth Circuit filed by a borrower who claimed that the financial services company had engaged in a fraud on the court.  Asterbadi v. CIT, 176 Fed. Appx. 426 (4th Cir. 2006).

Successful representation of major landowner in District of Columbia in eminent domain litigation relating to Washington Nationals Baseball Stadium.

Representation of companies and trade organizations challenging user fees imposed by government agencies and other administrative and judicial challenges of agency determinations.  Handled more than two dozen bid protests involving contracts for U.S. Agency for International Development, U.S. Mint, U.S. Department of Veterans Affairs, and contract disputes involving the Federal Energy Regulatory Commission and the U.S. Mint.  Also extensive experience in antidumping cases and other Customs, Commerce Department and Treasury Department matters pertaining to the importation and exportation of goods and technology.

Articles

  • "Will it Happen Again? -- FAA's Disastrous Prior Experience with User Fees." Journal of Air Law and Commerce, Spring 2006
  • "A Safety Net for the Internet", Lead Author
  • "What To Do When Local Governments Unfairly Block Development Projects," Legal Times, April, 2005
  • "Intellectual Property Issues Arising with B2B Exchanges", Chapter in Aspen Treatise, 2002
  • "When Unimportant Is Interesting: The Negligible Import Exception to Cumulation in Antidumping and Countervailing Duty Investigations", 25 Geo. Wash. J. Int'l L. & Econ. 721, 721-36, 1992
  • "The First Thing We Do a/k/a Shakespeare and the Law (of Government Contracts)", The Clause, Board of Contract Appeals Bar Association, Spring 2002

Interviews

Speeches

  • "Airline Challenges to Airport Abuses of Economic Power," 2007 International Air Transport Association Legal Symposium, Istanbul, Turkey, 2007
  • "ATC and Airport Privatisation" (Breakout Session), The Airline Industry's Next 100 Years: New Destination With New Maps – International Air Transport Association Legal Symposium, Singapore, February 2003
  • "How Airlines Can Protect Themselves Against Cyber-Attacks", Legal Advisory Council of the International Air Transport Association, Montreal, September 2001

Events

 
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