Howard P. Goldberg

Howard P. Goldberg Partner

P 617 670 8546 F 617 670 8746
125 High Street
Oliver Street Tower, 6th Floor
Boston, MA 02110
125 High Street, Oliver Street Tower, 6th Floor, Boston, MA 02110
Overview

Howard P. Goldberg is an experienced trial lawyer who specializes in litigating complex commercial matters.  Howard has experience representing clients involved in a wide variety of business areas including trademark and copyright disputes, privacy and cybersecurity, commercial real estate litigation and general commercial cases.  Howard also has significant experience with a variety of settlement mechanisms, including formal arbitration and court-assisted mediation programs.  In addition to his case responsibilities, Howard serves on the eDiscovery committee for MG+M and has significant experience advising clients on eDiscovery best practices, including legal holds, data preservation, and production, working with eDiscovery vendors and consultants, and managing eDiscovery in anticipation of, during, and after litigation.

Bar Admissions
  • Massachusetts, 2002
  • U.S. District Court - District of Massachusetts, 2002
  • U.S. Court of Appeals - 1st Circuit, 2002
Education
  • Boston University School of Law, J.D., Law Journal: Boston University Journal of Science and Technology, 2000 – 2002, 2002
  • University of Pennsylvania, B.A., Major: Politics, Philosophy, and Economics, 1999

Howard is admitted to practice in Massachusetts, the United States District Court for the District of Massachusetts, and the United States Court of Appeals for the First Circuit. He is a member of the American, Massachusetts and Boston Bar Associations. Howard serves on the Board of Directors of SPUR, a Marblehead based nonprofit established to cultivate a Community of Doers through an array of multi-generational volunteer activities, youth enrichment programs and special drives in the communities of Lynn, Marblehead, Salem and Swampscott. Prior to joining MG+M, Howard was an associate at Foley Hoag LLP in Boston. Howard lives in Marblehead with his wife and two sons.

Experience
  • In United States Federal Court for the District of Connecticut, successfully moved to dismiss class action lawsuit alleging violations of federal trademark laws and the consumer protection statutes of right different states on behalf of a national retail chain accused of selling gray market goods in the United States. 
  • In addition to advising companies on their cybersecurity, privacy and data practices in order to ensure compliance with state, federal and international regulations, Howard also represents companies in disputes surrounding data breaches and cybersecurity issues.  
  • Won summary judgment for 3,000 employee consulting firm in breach of contract action where customer refused to comply under the terms of its contract.  MG+M’s client performed audit and consulting services for an international healthcare provider.  The company turned to MG+M when its client refused to cooperate under the clear terms of their agreement.  After investigating the potential claim, MG+M filed suit and successfully obtained summary judgment in March 2018. 
  • Obtained judgment for one of the largest owners and managers of commercial real estate in the United States with a portfolio over 100 million square feet and with a total capitalization of more than $31 billion, in a dispute with its partner over the development of a large, mixed-use project in Boston’s Seaport District. Successful verdict allowed our client to gain control of the project.
  • Successfully represented a 200+ employee real estate development, investment construction and management company in litigation involving its lenders who were attempting to seize control of projects in Massachusetts, Florida, Georgia, New Hampshire, Louisiana and Texas.
  • Represented one of the nation’s largest retail developers that manages over 135 regional and super-regional malls totaling approximately 140 million square feet in negotiations with the City of Boston over the transfer of the lease for Faneuil Hall Marketplace. Successful resolution allowed our client to transfer the lease to a new developer.
  • Represented international restaurant chain in connection with negotiations with the Massachusetts Department of Transportation concerning pylon sign usage on the Massachusetts Turnpike. The Massachusetts Department of Transportation, in conjunction with state lawmakers and private citizens, alleged that our client’s signage created a nuisance for surrounding residents. MG+M worked with MassDOT and our client to resolve the dispute without resorting to litigation.
  • In a complex commercial dispute in federal court (Southern District of New York) that resulted from a multi-billion dollar acquisition of chemical manufacturing facilities throughout the world, served as trial counsel for component of case concerning Clean Air Act claims involving over $500 million in potential damages. The claims involved, among other legal issues, Clean Air Act regulations concerning flaring devices and the Benzene Waste Operations NESHAPS (BWON). In addition, Howard oversaw and coordinated discovery in the case which consisted of the review of over 30 million documents, the production of over 20 million pages of material, and the review and production of over 1.1 TB of technical data.
Recognition

Recognition

  • Massachusetts Super Lawyer
  • Rising Star by Boston Magazine

Involvement

  • Massachusetts Bar Association, 2002-Present
  • Boston Bar Association, 2002-Present
News & Insights

Speaking Engagements

  • “Data and Technology in Asbestos Litigation,” Perrin Conferences’ National Asbestos Litigation Conference, September 9-11, 2019
  • Sedona Conference WG1 Brainstorming Group on the Effective Use of Non-Waiver Orders under Federal Rule of Evidence 502(d)
  • “The Future of eDiscovery and Litigation Strategies Under the New Federal Rules of Civil Procedure,” The Knowledge Group Webinar, May 17, 2017
  • “Time to Think Bigger: Finding Value in Big Data Analytics,” The Knowledge Group Webinar, April 26, 2017
  • “Information Governance and Compliance for Food & Beverage Companies,” Perrin Conferences’ Food and Beverage Litigation Conference, October 2016
  • “The Federal Rules of Evidence, eDiscovery and Attorney-Client Privilege: What Litigants Miss,” The Knowledge Group Webinar, June 16, 2016
  • “Beyond The Myths: Predictive Coding in eDiscovery,” The Knowledge Group Webinar, April 14, 2016
  • “Advanced Issues in eDiscovery: The Latest Trends,” Massachusetts Continuing Legal Education, February 11, 2014
  • CLES

News

Super Lawyers Rising Star