Carl Goldfarb

Carl represents both plaintiffs and defendants in trial and appellate courts in a wide range of matters, with an emphasis on antitrust, securities, malpractice, and derivative actions.

In antitrust matters, Carl has handled actions against a large pharmacy chain, a major food production company, one of the nation’s largest radiation oncology providers, and one of the country’s leading residential real estate platforms. He has represented clients as varied as a major quick service restaurant company, a group of physicians, a start-up company, and individual consumers, in actions for damages, declaratory, and injunctive relief. He also provides antitrust counseling.

For a decade, Carl ran one of the most important securities matters in recent history. That matter went to the United States Supreme Court twice and culminated in two merits decisions, first in Halliburton Co. v. Erica P. John Fund, Inc., (Halliburton I) and again in Erica P. John Fund, Inc. v. Halliburton (Halliburton II). In 2018, following remand from the U.S. Supreme Court, the court gave final approval to a $100 million settlement on behalf of a class of shareholders Carl represented.

Carl regularly defends legal malpractice actions and has handled multiple derivative actions, including one where he represented a special litigation committee that recently won court approval to settle a bitterly disputed action over the objections of the original plaintiffs after a three-day evidentiary hearing.

Carl has handled multiple appeals in state appellate courts, U.S. courts of appeals, and the U.S. Supreme Court. Before joining Boies Schiller, Carl worked for three years on the civil appellate staff at the U.S. Department of Justice, representing the U.S. in federal courts of appeals.

Carl has been recognized by Lawdragon as one of the leading 500 litigators in America. In 2017, Carl shared Litigator of the Week honors from The American Lawyer for his work in the Halliburton case. Carl is a long-time member of the board of directors of Americans for Immigrant Justice, which provides legal counsel for indigent immigrants.

Before attending law school, Carl was a reporter for The Miami Herald.

Carl’s experience includes:

• Serving as co-lead counsel in a cutting edge, antitrust, class action where he obtained a $40 million settlement for his clients in a case involving internet advertising
• Obtaining a successful settlement in an antitrust tying action against one of the nation’s largest pharmacy chains
• Representation of a biotech company and its officers and directors in a securities class action, which settled on very favorable terms
• Securing a favorable settlement against one of the nation’s largest radiation oncology providers in an antitrust action involving non-compete provisions
• Representation in a pro bono matter of a certified class of two million children seeking to enforce federal Medicaid rights in federal court in Florida; that case settled following the court’s sweeping decision in favor of the plaintiffs after a bench trial that lasted more than 90 days
• Representation of two condominium associations in an action against the developer/hotel owner, which led to a favorable settlement for the associations
• Defense of a leading national bank in a series of cases concerning the bank’s securities lending business, including a case where the court denied plaintiff’s motion to certify a national class
• Representation of a major international law firm in a malpractice action, which culminated in a highly favorable settlement after the court excluded most of plaintiff’s expert testimony on alleged damages
• Defense of Fresh Del Monte in a federal antitrust litigation alleging monopolization of the fresh pineapple business; the U.S. District Court for the Southern District of New York entered summary judgment in favor of Del Monte, and the U.S. Court of Appeals for the Second Circuit affirmed that judgment

Allocating the Local Apportionment Pie; What Portion Should Legal Resident Aliens Receive?, 104 Yale Law Review Journal 1441 (1995)