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Jim Goldberg’s practice concentrates on complex commercial litigation, involving financial institutions, PACE lenders and clean energy districts, private equity funds, real estate developers and underwriters, as well as consumer class actions. He is an experienced trial lawyer, having tried cases in federal and state courts in California and Texas and before the American Arbitration Association, representing both plaintiffs and defendants. He has appeared and argued cases before the California Court of Appeals and the United States Courts of Appeal for the Ninth and Eleventh Circuits.

Jim has experience representing financial institutions in litigation concerning federal regulation of the industry, including TILA, RESPA and HUD servicing regulations, as well as state consumer protection statutes, including California Business and Professions Code Sections 17200 and 17500, and common law predatory lending claims. He has defended against consumer class actions involving banking and insurance issues in state and federal courts in Alabama, California, Illinois, New Jersey, Pennsylvania, Texas and Wisconsin.

Jim also has experience representing aerospace manufacturers, air carriers, electronics manufacturers, high-tech manufacturers, car rental companies, hospitality corporations, medical billing companies, broadcast companies and individuals in commercial disputes regarding trade secrets, employee hiring, accounting practices, insurance licensing, insurance coverage, false advertising and unfair competition, in a “Superfund” cost recovery trial, and in catastrophic personal injury and wrongful death actions.

Prior to joining Bryan Cave, Jim was a partner in the now-defunct, San Francisco based firm of Folger, Levin & Kahn, where he practiced for twenty-three years.

Prior to practicing in California, Jim had a federal court clerkship in the United States District Court for the Western District of Wisconsin, after graduating from the University of Chicago Law School.

Civic Involvement & Honors

    • Board Member, Delivering Innovations in Supportive Housing
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Professional Affiliations

    • American Bar Association, Litigation Section
    • California Bar Association, Litigation Section
    • San Francisco Bar Association, Intellectual Property Section
    • California Bar Association, Litigation Section
    • San Francisco Bar Association, Intellectual Property Section
    • San Francisco Bar Association, Intellectual Property Section
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Representative Experience

• Represented manufacturer of clean rooms in action against former employees and competitor for unfair competition and violations of the Lanham Act and the Racketeer Influenced and Corrupt Organizations Act (RICO); see Huntair v. Gladstone, 2011 WL 672660 (N.D. Cal.)
• Represented private equity fund in action alleging breach of loan and security agreement and breach of environmental indemnity agreement
• Defended air carrier in catastrophic personal injury action
• Represented office equipment manufacturer in action against former employees for misappropriation of trade secrets
• Defended secured creditor in putative class action by unsecured creditors
• Represented commercial publisher in action against former executives and competitor for unfair competition and violation of Lanham Act. See Western Directories v. Golden Guide Directories, 2009 WL 1625945 (N.D. Cal.)
• Defended secured lenders in lender liability suits, including putative class actions, alleging violations of TILA, HOEPA, RESPA, FDCPA, the Civil Rights Act (Section 1981) and state consumer protections statutes. See e.g. McOmie-Gray v. Bank of America, 667 F. 3d 1325 (9th Cir. 2012); Pfeifer v. Countrywide Home Loans (2012) 211 Cal. App. 4th 1250; Merritt v. Countrywide Financial Corporation, 759 F. 3d 1023(9th Cir. 2014) and 583 Fed. Appx. 662 (9th Cir. 2014)
• Defended real estate developer in action alleging breach of loan agreement
• Represented underwriter in action to enjoin FINRA arbitration regarding marketing of securities
• Defended electric utilities in FOIA action brought by public interest group
• Defended leading hospitality company in case alleging interference with resort development
• Represented University patent holder in action against licensee for failure to use best efforts to exploit patents commercially, leading to return of patent rights to client
• Represented car rental company in an arbitration for breach of contract and vexatious conduct against insurer to recover costs incurred in settling a class action
• Defended a healthcare company in federal court breach of contract trial
• Defended car rental company in a class action alleging unfair business practices in charging for rentals nationwide
• Represented an automobile manufacturer in an internal investigation related to SEC inquiries
• Defended car rental company in class actions in state and federal courts, alleging unfair business practices in the sale of optional products nationwide
• Represented a software systems integrator in a jury trial in a case alleging fraud in the sale of software
• Defended a savings and loan in a case alleging a bank officer had been providing investment advice to a client
• Defended a telephony start-up in a case alleging unfair competition and theft of trade secrets
• Represented international electronics manufacturer in a six-week Superfund cost recovery trial
• Defended a military contractor in a case alleging unfair competition and theft of trade secrets in the development of armored vehicles
• Defended savings and loan in a nationwide class action in federal court, alleging breach of contract and statutory violation in adjusting interest rates
• Defended hospitality corporation in class action alleging violation of the Americans With Disabilities Act
• Represented a manufacturer of aerospace fasteners in an action for breach of warranty against supplier of titanium certified to aerospace standards

Publications

"Debt Collector Has Burden to Prove FDCPA Exception,"  Lexology, August 6, 2015

"Agreeing to a Lower Interest Rate is Fraudulent?"  Lexology, September 2, 2015

"Transfer of Servicing Letter under RESPA Triggers FDCPA Notice Requirements," Lexology, September 15, 2015