Dan W. Goldfine

Member
Phoenix

Dan Goldfine is a business-focused litigator with a demonstrated history of resolving difficult legal challenges. With an abundance of experience handling class action and other complex litigation for his clients, including matters involving antitrust, insurance coverage, Racketeer Influenced and Corrupt Organizations Act (RICO), consumer fraud and consumer protection laws, Dan understands how litigation risks impact a business and aims to mitigate these risks to the fullest extent possible.

Dan has defended companies and executives in federal and state courts in more than 40 states.  He is based in Dickinson Wright’s Phoenix office. 

Dan has also represented companies and independent directors in government and internal investigations of allegations of managerial, officer or board wrongdoing. His background as a business owner and trial attorney with the U.S. Department of Justice, Antitrust Division, provides him with a unique perspective which he uses to bring creative courtroom solutions to his clients.

Education & Credentials

Education

University of Minnesota Law School

J.D.

University of Wisconsin-Madison

B.S.

Bar Admission

  • Arizona
  • Minnesota

Areas Of Practice

Antitrust & Trade Regulation Class Action Commercial & Business Litigation Insurance Litigation Government Investigations & Securities Enforcement White Collar Criminal Defense Internal Investigations: Domestic & International

Acknowledgements

  • Chambers USA
    • Litigation: General Commercial, White Collar Crime & Government Investigations
  • Benchmark Litigation
    • United States (National) and Local Litigation Star, 2024
    • National and Local (Arizona) Litigation Star, Antitrust, Class Action & General Litigation
  • America’s Top 50 Lawyers
    • Antitrust – Arizona
  • Ranking Arizona
    • Best of Arizona Attorneys, White-Collar Crime Defense
  • Arizona Business Magazine
    • Arizona Top Lawyer
  • Best Lawyers in America®
    • Commercial Litigation, Insurance Law, 2024

 

Prominent Assignments

Class Action

  • Represented large national automobile insurer in $21 billion nationwide consumer class action alleging price fixing of insurance. Obtained dismissal with prejudice.
  • Defended client in multi-billion dollar Racketeer Influenced and Corrupt Organizations Act (RICO) class action. Obtained dismissal with prejudice at trial.
  • Defended client in a nationwide class action alleging breach of contract and consumer fraud.Defeated nationwide class allegations on a motion to strike and obtained dismissal of the remaining state class allegations.
  • Defended companies in healthcare, pharmaceutical and insurance industries in addition to manufacturers and consumer marketers against antitrust, RICO, False Claims Act and consumer fraud class actions filed in federal and state courts in California, Arizona, Florida, Illinois, Indiana, Washington, Nevada, Utah, Oregon, Georgia, Minnesota, Alabama, Louisiana, Mississippi, Pennsylvania, New Jersey and Ohio, obtaining dismissals and summary judgments and defeating many classes seeking certification.
  • Defended several hospitals in both U.S. Department of Justice (DOJ) investigation and tag-along class action, alleging that hospitals and trade association had fixed wages of part-time nurses and other employment issues. Obtained declination by DOJ and denial of certification of more than 80 percent of alleged class.
  • Defended a large automobile insurer against Florida, Ohio and Louisiana statewide class actions alleging the suppression of valuations of total loss vehicles. In Florida, obtained dismissals with prejudice. In Ohio, obtained a dismissal with prejudice in part and defeated class certification for the remainder of the claim on an adverse impact theory. In Louisiana, defeated class certification on adverse impact theory.The Fifth Circuit affirmed.
  • Defended a large automobile insurer against a nationwide class action filed in the Northern District of Illinois alleging the suppression of labor rates. Obtained a dismissal with prejudice on all federal and state claims.
  • Represented automobile manufacturer in consumer class action alleging price fixing. Obtained dismissal with prejudice.
  • Defended internet, email and telemarketing companies against allegations of consumer fraud and violations of state consumer protection statutes in multiple states including California and New York.
  • Persuaded 9th Circuit to reverse order remanding state consumer protection class action to state court.
  • Defended large automobile insurer against nationwide class action claim alleging breach of insurance agreement and potential exposure in excess of $1 billion. Obtained order striking the nationwide class, and the state-only class action was dismissed with prejudice.
  • Defended auto manufacturers in grey market antitrust class actions.

Antitrust

  • Defended clients against antitrust charges in more than 20 states, obtaining dismissals with prejudice at trial level and, after arguing before the 11th Circuit sitting en banc, affirmance.
  • Represented long-distance provider in lawsuit claiming monopolization, obtaining dismissal with prejudice.
  • Defended large Arizona hospital chain against antitrust conspiracy allegations. Obtained a dismissal of the antitrust claim with prejudice.
  • Defended the Arizona State Bar against antitrust conspiracy allegations. Obtained a dismissal with prejudice.
  • Counseled clients applying for and receiving corporate leniency from DOJ and state Attorneys General.
  • Represented two healthcare providers who alleged that monopolist hospital had blocked their opening of competing outpatient facility. Obtained multi-million dollar settlement.

Appellate Arguments

  • Argued before the Fifth Circuit to affirm denial of certification of a putative class of insureds claiming undervaluation of total loss claims.
  • Argued before the 11th Circuit en banc to affirm the dismissal of antitrust and common law claims involving the payment of repair costs. Affirmed, leading to the dismissal with prejudice of more than 20 such claims brought by several hundred body shops across the U.S. in an MDL.
  • Argued before the Ninth Circuit to affirm denial of remand of a class action to state court involving loss of use and rental reimbursements. Affirmed.
  • Argued before the Ninth Circuit to affirm dismissal of a nationwide class action alleging failure to pay for scanning. Affirmed in relevant part, leading to a striking of the nationwide class and dismissal with prejudice on remand.
  • Briefed in opposition to a CAFA jurisdiction petition before the Ninth Circuit. Petition denied.
  • Briefed in favor of reversing the certification of a nationwide class alleging price-fixing and the denial of a motion to dismiss before the 11th Circuit. Class certification reversed and the matter was dismissed with prejudice.
  • Briefed and argued multiple appeals before the Arizona Court of Appeal and the Arizona Supreme Court.

Other

  • Obtained $277 million jury verdict in business-against-business dispute on behalf of large publicly held Arizona company.
  • Represented pharmaceutical wholesaler in warehouse fire matter, leading to total settlements with insurers and warehouse operator in excess of $50 million.
  • Defended large Phoenix-based company during Securities and Exchange Commission (SEC) and DOJ investigation of insider trading by chief executive officer (CEO) and chairperson. Obtained declinations from both SEC and DOJ.
  • Defended companies against allegations of options backdating. Resulted in no enforcement actions.

Professional Involvement

  • American Bar Association
    • Chair, White Collar Crime, Southwest Region
  • Arizona State Bar Association
    • Executive Board, Antitrust Section

Community Involvement

  • Arizona Juvenile Justice Commission
    • Gubernatorial Commission, 2010-2018
  • Foundation of the Federal Bar Association
    • Committee Member, Public Service Scholarship, Earl W. Kintner Memorial Fund
  • Overman Foundation
    • Chair, 2004-present
  • J Street
    • Regional Advisory Council

Court Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court

Publications/Presentations

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