Richard Goldstein joined Heller Ehrman in 2001 and practices commercial litigation.  He is a member of the Antitrust & Trade Regulation and Securities Litigation Practice Groups.

Experience

Mr. Goldstein represents some of the world’s leading companies in federal and state antitrust litigation involving industries as diverse as pharmaceuticals, payment cards, technology, and electrical wiring installation.  In addition, he counsels both public and private corporations on antitrust compliance issues and internal investigations, and has represented corporate executives in civil and criminal antitrust matters.  Mr. Goldstein has particular experience in handling pharmaceutical industry antitrust issues, having spent several years as in-house counsel to Merck & Co., Inc.

Mr. Goldstein also has an extensive securities litigation practice, and represents major auditing firms and financial services companies, as well as individuals, in civil and criminal securities litigation, as well as government and internal investigations.

Representative Engagements

Antitrust Litigation

• In re Vitamin C Antitrust Litigation:  Represents Jiangsu Jiangshan Pharmaceutical Co., Ltd., one of the largest pharmaceutical manufacturers in China, in its defense of claims that it fixed the price of vitamin C exported to the United States in violation of the Sherman Act.  This complex, multi-district litigation is the first antitrust case brought against Chinese defendants in a U.S. court.
• Secondary Pharmaceutical Wholesaler Antitrust Litigation:  Lead counsel for Merck & Co., Inc. in its defense of allegations by a secondary pharmaceutical wholesaler that the major manufacturers of brand name prescription drugs, as well as the primary drug wholesalers, violated Section 1 of the Sherman Act by conspiring to refuse to sell to the plaintiff.
• Electrical Industry Antitrust Litigation:  Defended Forest Electric Corp., the largest electrical contractor in New York City and an employer of members of the International Brotherhood of Electrical Workers, in federal antitrust litigation brought by telecommunications equipment installation contractors who employ members of the Communications Workers of America.  Subsequently hired to represent two co-defendants to oppose Plaintiffs’ appeal of the court’s granting Defendants’ summary judgment motion.
• European Currency Exchange Antitrust Litigation:  Represented Banca Intesa S.p.A., a major Italian bank, in litigation brought by a putative class of consumers who alleged that several European banks violated the Sherman Act by fixing fees charged for exchanging one European currency for another.  The case ended on a successful motion to dismiss, which was upheld by the U.S. Court of Appeals for the Second Circuit and, subsequently, by the Supreme Court.
• Payment Card Industry Antitrust Litigation:  Represented Visa U.S.A. Inc. in antitrust litigation brought by consumers and large national retailers challenging certain of Visa’s by-laws and business practices.  The cases involved Sherman Act and state law claims in both federal and state courts.
• In re Isostatic Graphite Antitrust Litigation:  Represented a senior executive of a leading French manufacturing company in class action lawsuits alleging price-fixing in violation of the Sherman Act.
• In re Brand Name Prescription Drugs Antitrust Litigation:  Prior to joining Heller Ehrman, represented Merck & Co., Inc. in industry-wide multi-district litigation, defending allegations of price-fixing in violation of the Sherman Act and price discrimination in violation of the Robinson-Patman Act.
• Antitrust Counseling:  Counseled manufacturer and marketer of branded and generic pharmaceuticals in developing pricing, antitrust and corporate ethics policies; advised leading self-storage company on competitive intelligence practices and policies.

Securities Litigation

• Beacon Hill Hedge Fund Litigation:  Successfully defended Ernst & Young Cayman Islands in federal securities litigation stemming from the collapse of a hedge fund that traded mortgage-backed securities, securing dismissal of all claims.  Currently represents Ernst & Young Cayman Islands in subsequent action in New York state court.
• In re Amaranth Natural Gas Commodities Litigation:  Represents the principal of hedge fund manager Amaranth LLC in federal securities litigation.  This putative class action is pending in the Southern District of New York.
• Patrick v. Allen, et al.:  Defended board members of land-holding corporation against shareholder claims of breach of fiduciary duty and waste of corporate assets.  The case, brought in the Southern District of New York, followed the successful defense of an earlier state court litigation arising out of the same facts.
• Litman v. UniCapital Corp.:  Represented Ernst & Young LLP in federal court against a claim of auditor’s liability related to EY LLP’s audit of the financial statements of an aircraft engine leasing company.
• In re Safety-Kleen Rollins Shareholders Litigation:  Defended PricewaterhouseCoopers Canada in federal court against a claim of auditor’s liability related to PwC Canada’s audit of the financial statements of a corporation targeted for acquisition.
• Mutual Fund Investigations:  Represents former mutual fund trader in government investigations relating to the alleged market timing and late trading of mutual funds.

Other Commercial Litigation

• Pharmacy Reimbursement Fee Litigation:  Lead counsel for premier pharmacy benefit manager Medco Health Solutions, Inc. in federal and state litigation against nearly all major pharmacy benefit management companies alleging violation of a California statute requiring the conduct and distribution of certain reimbursement fee studies, and violation of California’s consumer protection statute.  Secured dismissal of all state court litigation; federal litigation pending.
• Allen & Company:  Frequently represents investment bank Allen & Company LLC and Allen & Company Incorporated in litigation matters.