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Education

Georgetown University Law Center, J.D., 1995

Harvard University, A.B., magna cum laude, 1990

Photo of Andrew N. Goldfarb

Andrew N. Goldfarb

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Recognized in 2012 as a “Future Star” by Benchmark Litigation, Andrew N. Goldfarb is an experienced litigator whose practice focuses on food and drug law as well as plaintiff- and defense-side complex civil litigation. In his food and drug practice, Mr. Goldfarb has helped a major generic drug manufacturer respond to a Food and Drug Administration (FDA) enforcement action; successfully litigated the first case involving the generic exclusivity forfeiture provisions of the Food, Drug and Cosmetic Act (FDCA); conducted an independent internal investigation for a major pharmaceutical company accused of withholding material drug safety information from FDA; and counseled drug and device clients on a wide range of matters, including drug promotional and advertising activities and medical device classifications. In his complex litigation practice, Mr. Goldfarb has represented creditors’ committees and bankruptcy trustees in fraudulent conveyance and accounting malpractice cases; successfully defended a data vendor sued over a potential data breach arising out of a computer theft; prosecuted a consumer class action lawsuit against major oil companies and retail sellers of motor fuel; and defended an individual in a criminal prosecution relating to the alleged promotion of fraudulent tax shelters by a major accounting firm.

Prior to joining Zuckerman Spaeder, Mr. Goldfarb was a trial attorney for six years in U.S. Department of Justice, where he prosecuted the United States’ civil enforcement action against the tobacco industry under the Racketeer Influenced and Corrupt Organizations (RICO) statute. After a nine-month trial, the federal district court issued a 1,650-page opinion finding the defendants liable for RICO violations and ordered injunctive relief. The decision was upheld on appeal.

Professional Highlights

  • Currently helping a major generic drug manufacturer develop and implement a worldwide response to an FDA enforcement action that resulted in a consent decree, including steps that preserved the company’s exclusive marketing rights on major generic drugs.
  • Currently representing the official committee of unsecured creditors of Tribune Company as special litigation counsel in the investigation of the $10 billion failed Tribune leveraged buyout (LBO) and the commencement and initial prosecution of three lawsuits against (i) major lenders for fraudulent conveyance; (ii) directors and officers, former Tribune shareholders, and others for breaches of fiduciary duty and fraudulent conveyance; and (iii) financial advisors to Tribune for malpractice.
  • Currently serving as plaintiffs’ counsel in a consumer class action lawsuit against major oil companies and retail gas stations asserting that retailers’ failure to account for and disclose to consumers the temperature of gasoline at the pump violates state consumer protection laws. 
  • Zuckerman Spaeder successfully represented a generic drug manufacturer in a challenge to the FDA’s approval of its drug under the Hatch-Waxman Amendments to the Food, Drug, and Cosmetic Act (FDCA). The action for a preliminary injunction was brought against the FDA by a competitor who claimed that the client had forfeited its 180-day generic exclusivity under the FDCA, and Zuckerman’s client intervened. In the first case addressing the generic exclusivity forfeiture provisions of the FDCA, the court refused to enjoin FDA from approving the drug, allowing Zuckerman Spaeder’s client to continue marketing its drug.
  • We conducted an independent internal investigation for an international pharmaceutical company, after the company failed to disclose to the FDA a preliminary report of a drug safety study before an important advisory committee meeting. The drug had been approved by the FDA to reduce bleeding in certain cardiac surgery patients. After conducting dozens of interviews of all of the key participants in the events at issue, in the United States and Germany, and conducting extensive document discovery, Zuckerman Spaeder prepared a report detailing the critical events and potential causes of the company’s failure to disclose.
  • The firm is currently assisting a major generic drug company in its implementation of a consent decree with the FDA.
  • Represented the official committee of unsecured creditors of the Tribune Company as special litigation counsel in the investigation of the $10 billion failed leveraged buyout (LBO) and the commencement and initial prosecution of three lawsuits against major lenders for fraudulent conveyance; directors and officers, former Tribune shareholders, and others for breaches of fiduciary duty and fraudulent conveyance; and financial advisors to Tribune for malpractice.
  • Represented a post-confirmation committee in a suit against a leading private equity investor to recover funds on behalf of unsecured creditors of a leading toy retailer. The defendants had engineered a leveraged buyout of the company that burdened the retailer with an unsustainable debt load while the private equity firm extracted substantial returns in a very short period. Zuckerman Spaeder obtained a favorable settlement for the creditors.
  • Zuckerman Spaeder is currently serving as class counsel for millions of consumers who are suing gas stations and oil companies over alleged deceptive practices in the retail sale of gas and diesel fuel. The class claims that retailers sold gas to consumers without adjusting the price to take account of lower fuel content of higher temperature gas. The cases are currently consolidated for pretrial proceeding in a multidistrict litigation (MDL) proceeding in the U.S. District Court for the District of Kansas.
  • Zuckerman Spaeder represented the litigation trustee of a bankrupt retail mail order company in an accounting malpractice action against KPMG. The trustee alleged that KPMG’s negligent audit caused the company to continue operations after it would otherwise have filed for bankruptcy, deepening its insolvency and injuring creditors. After extensive discovery, including the taking of testimony from German directors and officers under the Hague convention, the parties reached a favorable settlement.
  • Zuckerman Spaeder successfully defended a chain of yoga studios against claims that it was a racketeering enterprise in violation of RICO and Virginia law. The plaintiff alleged that the company engaged in practices that diminished his ability to exercise free will and independent judgment and induced him to dramatically change his lifestyle and pay significant sums of money to the company for services. The U.S. District Court for the Eastern District of Virginia granted the defendants’ motion to dismiss on the grounds that the plaintiff had not adequately pleaded a RICO enterprise distinct from the defendants themselves, and declined to exercise supplemental jurisdiction over the plaintiff’s state law claims.
  • Zuckerman Spaeder successfully defended a data vendor to a major retailer in a putative class action arising out of a data breach. A laptop computer containing personal information of job applicants was stolen from the vendor. The plaintiffs claimed they were injured by the increased risk of identity theft, although there was no evidence that the breach resulted in  actual identity theft. The client prevailed on summary judgment in the U.S. District Court for the Northern District of California on the grounds that the mere threat of future injury was not sufficient to impose liability under California law. Zuckerman Spaeder briefed and argued the appeal for the client before the U.S. Court of Appeals for the Ninth Circuit, which affirmed the district court’s decision.
  • Acted as co-counsel to the lead defendant in the prosecution in the U.S. District Court for the Southern District of New York of former partners of Ernst & Young and others for allegedly promoting fraudulent tax shelters.
  • Co-authored a U.S. Supreme Court amicus brief for the Campaign for Tobacco-Free Kids regarding constitutional limits on punitive damages. The amicus brief focused on the reprehensibility of Philip Morris’s conduct.
  • Successfully represented a woman seeking to maintain sole custody of her minor children.

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Court Admissions

Community Involvement

  • Co-Chair of Social Action Committee, Temple Sinai, Washington, DC (2009-2011)

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