David Goroff

Foley & Lardner LLP

David B. Goroff is a partner with Foley & Lardner LLP. He currently serves as national co-chair of the firm’s Appellate Practice and previously served as chair from 2001 – 2010. He is also a member of the firm’s Bankruptcy & Business Reorganizations and Antitrust Practices.

He has substantial trial experience and an emphasis in appellate litigation, bankruptcy litigation, and antitrust litigation and counseling.

Mr. Goroff has 26 years of experience as an appellate lawyer and has worked on hundreds of appeals before the nation’s federal and state appellate courts, state supreme courts and the United States Supreme Court.

He also has extensive experience with administrative appeals and a particular emphasis in bankruptcy appeals. As an appellate lawyer, he assists clients in all aspects of appellate practice, including preparing briefs, presenting oral arguments, drafting appellate motions, drafting petitions for certiorari, leave to appeal, rehearing, or en banc review, preparing amicus briefs, conducting moot courts and advising on appellate strategy.

Selected appellate representations include:

  • Rush University Medical Center v. Sessions, No. 112906 (Ill. Sup. Ct. 2012). Presently leading appeal on case before Illinois Supreme Court on question of whether a self-settled spendthrift trust is binding against creditors.
  • McKinstry v. Sergent, No. 7:11-CV-00133-ART (Bankruptcy appeal to E.D. Ky. March 21, 2012). Successfully represented trustee in coal bankruptcy in appeal brought by company’s former CEO contesting remand of Trustee’s claims to state court on abstention grounds.
  • Smith v. Sallie Mae, No. 11-2625, (6th Cir. 2012). Leading defense of appeal on behalf of educational loan lender concerning whether case is subject to mandatory arbitration.
  • In re Resource Technology, 662 F.3d 472 (7th Cir. 2011). Argued on behalf of claimant in appeal concerning whether Bankruptcy Court erroneously denied priority, post-petition claim against Chapter 7 Trustee for tortious conduct.
  • State of West Virginia ex rel. McGraw v. CVS Pharmacy, Inc., 646 F.3d 169 (4th Cir.), cert. denied, 132 S. Ct. 761 (Nov. 28, 2011). Argued on behalf of nation’s six largest pharmacy chains in appeal challenging remand of lawsuit removed under federal Class Action Fairness Act, 29 U.S.C. § 1332(d).
  • United States Steel v. Sandifer, No. 10-1821 (7th Circuit). Prepared proposed amicus brief on behalf of National Association of Manufacturers, American Meat Institute and Society for Human Resource Management on Fair Labor Standards Act matter. (amicus denied).
  • McConkey v. Van Hollen, 783 N.W.2d 855 (Wis. Sup. Ct. 2010). Represented Lambda Legal Defense Fund as amicus curiae in lawsuit that sought to challenge constitutionality of Wisconsin state amendment barring same-sex couples from marrying.

Selected trial representations include:

  • Dynamed, Inc. v. Life Spine, Inc. (Baltimore, Md. City Court 2010). First-chair trial counsel representing medical device manufacturer in suit concerning alleged tortious interference with competitor’s covenant not to compete. Obtained judgment as a matter of law on behalf of client from trial court.
  • In re Resource Technology Corp., (Bankr. N.D. Ill. 2010). First-chair counsel in bankruptcy trial contesting denial of administrative claim based on tortious conduct attributable to Chapter 7 Trustee.
  • Peltz v. Arrow Electronics, 383 B.R. 139 (Bankr. E.D. Mo. 2008). Obtained $12.5 million victory as first chair in one-week bench trial on behalf of Plan Administrator for bankrupt information services company in preference lawsuit against opponent, a Fortune 100 company.
  • EEOC v. Custom Companies (N.D. Ill. 2006). Defended trucking firm in jury trial against claims of sexual harassment and retaliatory discharge (split verdict).
  • In re Old Naples Securities, Inc., 343 B.R. (Bankr. M.D. Fla. 2006). First-chair trial counsel representing Securities Investors Protection Act trustee in challenging Ponzi scheme and acts of fraud that led to collapse of brokerage firm.
  • In re TWA (Bankr. D. Del. 2001). Successfully represented a consortium of airports in preliminary injunction evidentiary hearing challenging debtor-airline’s misuse of passenger facility charges.

Mr. Goroff is experienced in all facets of bankruptcy practice, including representing debtors, Chapter 11 and Chapter 7 Trustees, creditors committees, asset purchasers, claimants, secured lenders, plan administrators and liquidating trustees.

Selected bankruptcy representations include:

  • In re Black Diamond Mining Co.: Taft A. McKinstry, As Trustee Of The Board of Unsecured Creditors Trust v, Harold E. Sergent, et al., 11-cv-00133-ART (E.D. Ky, 2011).
  • In re Centrix Financial (D. Colo.). Representing liquidating trustee in bankruptcy concerning the failure of a multi-billion dollar subprime automobile lender. Leading litigation of suits challenging fraudulent transfers and acts of fraud and breach of fiduciary duty by directors and officers and to enforce fidelity bond.
  • In re Farmland (Bankr. W.D. Mo.). Represented Liquidating Trustee in bankruptcy of agricultural cooperative. Conducted investigation into possible claims against directors and officers.
  • In re Grabill (Bankr. N.D. Ill.). Represented Chapter 11 trustee in all facets of bankruptcy of corporate conglomerate.

Mr. Goroff’s antitrust counseling includes preparing antitrust compliance programs for clients, structuring joint ventures, advising clients regarding the application of antitrust laws to previously regulated industries, advising clients on trade association participation and assisting clients with the merger review process before the Federal Trade Commission and the U.S. Department of Justice.

This has included the preparation of Hart-Scott Rodino filings, white papers, and other materials in response to agency “Second Requests” for information. His health care industry counseling has included issues regarding establishing managed care networks, provider contracts, mergers, joint ventures, most-favored nation clauses, exclusive provider contracts, staff privilege issues, medical device manufacturing and distribution, and medical records issues. He was previously vice-chair of the Books and Treatises Section of the American Bar Association Antitrust Section (1997-1998).

Selected antitrust litigation representations include:

  • McDowell Pharmacy, Inc. v. West Virginia CVS Pharmacy, LLC, (pending, Circuit Court of McDowell County, West Virginia). Defending pharmaceutical company against claims of market and customer allocation, group boycott and refusal to deal under West Virginia antitrust laws.
  • Green v. Peoples Energy Corp. (N.D. Ill. 2003). Successfully litigated dismissal of class action suit against Illinois natural gas utilities regarding rule mandating use of gas meters.
  • Sunguard Systems International v. WTD Consulting, 99 C 6987 (N.D. Ill. 2001). Represented client in defending against antitrust counterclaim filed in trade secret case.
  • Federal Trade Commission v. B.A.T. Industries (S.D.N.Y 1994). As second-chair counsel, represented American Brands in a Clayton Act Section 7 action brought by the FTC to enjoin the sale of a $1 billion division of American Brands to British American Tobacco. This matter included a week-long preliminary injunction hearing and settle on terms which allowed the client to complete its sale at the original price.

Mr. Goroff is active in a variety of professional groups including the American Civil Liberties Union of Illinois, for which he serves on the board of directors and as a member of the executive committee.

He also has frequently acted as cooperating counsel for the agency. Mr. Goroff has served as vice chair of the American Bar Association’s Antitrust Section and also as a member of the Books and Treatises Committee. He has served as an adjunct professor for the University of Illinois Law School and Chicago-Kent College of Law and also as an instructor for the Illinois Institute of Continuing Legal Education and the National Institute for Trial Advocacy.

Mr. Goroff is a graduate of Columbia University’s Law School (J.D., 1985), where he was a Harlan Fiske Stone Scholar and a notes and comments editor of the Columbia Law Review. He received his bachelor’s degree from the University of Illinois (B.A., summa cum laude, 1982), where he was elected to Phi Beta Kappa. Following law school, Mr. Goroff served as a law clerk for the Hon. Richard D. Cudahy of the U.S. Court of Appeals for the Seventh Circuit.

Mr. Goroff is admitted to practice in Illinois, the U.S. District Courts for the Northern District of Illinois, Central District of Illinois, the Eastern District of Michigan, the Western District of Michigan, the United States District Court for the District of Colorado, the United States District Court for the Western District of Wisconsin, the Eastern District of North Carolina, the U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh, and Eighth Circuits, and the U.S. Supreme Court.

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