Mitchell B. Goldberg is a seasoned litigator and trained mediator. With significant experience representing business and financial services clients in regulatory matters, commercial disputes, customer arbitrations, and other cases, Mitch has advocated in matters before Illinois state and federal courts ranging from securities fraud cases, to contract disputes and enforcement of restrictive covenants, to trust litigation and guardianship matters. He also has represented regional and national clients in arbitrations before the National Futures Association (NFA), the Financial Industry Regulatory Authority (FINRA) and various exchanges, as well as some foreign arbitration forums.
Mitch proactively works with in-house counsel to resolve and prevent litigation, whether it be customer complaints or business-to-business disputes. He has also represented companies and their employees in regulatory inquiries and enforcement matters before self-regulatory organizations and a variety of federal and state agencies, including the U.S. Securities and Exchange Commission, U.S. Commodity Futures Trading Commission, Illinois Securities Department and Illinois Department of Financial and Professional Regulation.
Apart from his legal practice, Mitch is active in numerous bar associations and legal organizations and has served as the president of the Decalogue Society of Lawyers, America’s oldest Jewish bar association. Mitch has served as a member of the adjunct faculty at IIT’s Chicago-Kent College of Law, where he has taught courses on securities litigation. Mitch is also devoted to giving back to his community and serves as a volunteer director of several organizations. With his loving wife, Natasha, Mitch tries to teach his four kids, Rachel, Zachary, Jesse and Abigail, about the importance of education, service and kindness.
Reframing Legal Argument Turns Feared Defeat into Complete Victory
$6 million claim against a large U.S. grain merchant denied and counterclaim sustained after Lawrence Kamin recast arguments regarding a complex international treaty dispute into a simple breach of contract case.
Following NFA Arbitration, Subsequent Reparations Case Dismissed as Time Barred
After a $3.6 million dollar claim was dismissed against an FCM client based on a 1-year contractual limitations period and following denial of claims at hearing against a guaranteed IB, the claimants sought to assert a CFTC Reparations case against the FCM. Lawrence Kamin won summary dismissal of the Reparations complaint on the basis that it was time barred; the claimants’ choice to pursue an NFA arbitration did not serve to toll the 2-year limitations period for filing a Reparations complaint. The CFTC’s dismissal of the matter was subsequently affirmed by the 7th Circuit Court of Appeals.
Novel Approach to Mediation Allows for Settlement of Arduous Litigation
After educating themselves about the matters involved in a large, complex multi-jurisdictional dispute, Lawrence Kamin attorneys, serving as co-mediators, identified areas which would have to be addressed in a settlement. After getting the parties to agree to the list of outstanding issues, each side was asked to draft language relating to each issue for an agreement. Seeing that many issues were uncontested, the mediation was conducted on a clause-by-clause basis, moving from easiest to most difficult points of contention. The agreement to the easier points created momentum and buy-in among the principals to continued negotiations and, ultimately, settlement of all outstanding matters.
Outside Business Activity*, Practical Compliance and Risk Management for the Securities Industry Outside Business Activity (Part 1 of 3), NSCP Currents Outside Business Activity (Part 2 of 3), NSCP Currents Outside Business Activity (Part 3 of 3), NSCP Currents National Society of Compliance Professionals, National Membership Meeting. Philadelphia, Pennsylvania Illinois Distributor’s Statute: Navigating the Litigation “Off Ramp” for Non-Manufacturer Defendants After Cassidy v. China Vitamins LLC FINANCIAL SERVICES Recent Enforcement Orders Remind FCMs: Train Your Brokers on Post- Execution Allocation Rules.