The Wharf
1000 Maine Ave. SW
Suite 450
Washington, D.C. 20024
Marc Goldman is a commercial litigator with more than 25 years of experience handling complex disputes in federal and state courts. A graduate of Harvard Law School, where he served as a Supervising Editor of the Harvard Law Review, Marc practiced at Jenner & Block from 1994 through February 2015 and became an equity partner in 2002.
Marc’s practice spans a wide range of high-stakes commercial matters, including securities, contract, patent, attorney malpractice, and constitutional disputes, in both individual actions and class proceedings. He has particular experience at the intersection of competition and technology. He advises a major financial institution on issues involving data aggregators and the potential antitrust exposure of technology companies, and previously litigated competition issues arising under the Telecommunications Act of 1996.
He has also represented clients in regulatory proceedings and related litigation across telecommunications, securities, and energy. His work includes agency enforcement actions, challenges to rulemakings, and disputes between commercial actors operating within complex regulatory regimes. He served as national counsel to a major telecommunications carrier in more than a dozen high-stakes matters involving regulatory arbitrage schemes, litigating before the FCC, federal district courts, and courts of appeals, with each matter resulting in dismissal or favorable resolution.
Marc maintains an active appellate practice and has filed more than fifteen briefs in the U.S. Supreme Court. In 2020, he secured a Supreme Court victory for a client challenging the federal government’s refusal to make “risk corridor” payments to insurers participating in the Affordable Care Act exchanges. His current matters include a Tenth Circuit appeal involving trademark rights and representation of a national drug distributor challenging a state opioid statute.
Marc is also committed to pro bono work. He currently represents two unions in litigation defending antidiscrimination regulations applicable to government contractors. His prior pro bono matters include class actions on behalf of public housing residents that resulted in significant consent decrees, a habeas matter involving a Guantanamo detainee that helped lead to a favorable plea agreement, and a successful challenge to a voter purge in Florida on behalf of a coalition of nonprofit organizations and individual voters.
Representative Matters
- Represented the Board of Directors of a national insurance services company in a confidential, high-stakes internal investigation arising from alleged employee misconduct; conducted witness interviews and extensive document review, analyzed legal and damages issues, and completed a multi-month review culminating in a formal report to the Board.
- Represent JPMorgan Chase in a long-running antitrust litigation challenging Visa and Mastercard interchange fee practices, assisting with appellate briefing and advising on strategy as opt-out actions proceed toward trial.
- Represented a national telecommunications carrier in more than a dozen cases involving regulatory arbitrage, securing dismissals on statutory and preclusion grounds, invalidation of a tariff, and favorable settlements across the remaining matters.
- Served as lead counsel to a national telecommunications carrier in three class actions alleging overbilling, securing dismissal of one case and resolution of the remaining matters prior to class certification.
- Advised a major financial institution on regulatory and strategic issues, including Dodd-Frank compliance, relationships with data aggregators, digital payments, and credit card programs.
- Represented a Fortune 50 company in an SEC investigation involving pension, derivatives, and commodities accounting and disclosure issues, which later resolved without enforcement action.
- Represented an insurance company in a U.S. Supreme Court challenge involving the federal government’s failure to make “risk corridor” payments under the Affordable Care Act, securing a victory for the client.
- Represented the American Intellectual Property Law Association in filing an amicus brief in the U.S. Supreme Court addressing standing under the Lanham Act; the brief was cited favorably in commentary and its arguments were reflected in the Court’s decision.
Education
- Harvard Law School, J.D., magna cum laude, 1993
- Harvard University, A.B., magna cum laude, 1988
Clerkship
- Edward R. Becker, U.S. Court of Appeals for the Third Circuit
Admissions
- United States Supreme Court
- United States Court of Appeals for the District of Columbia Circuit
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Tenth Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Federal Claims
- District of Columbia
Awards
- Washington, D.C. Elite, Commercial Disputes (2026), Legal 500
Publications and Speaking Engagements
- Panelist, Washington College of Law, Supreme Court Series: Lexmark International, Inc. v. Static Control Components, Inc. (Dec. 12, 2013)
- “Making Sense of Prometheus,” ABA Section of Litigation, Intellectual Property (Sept. 12, 2012)
- “The USTA Decisions and the Rise and Fall of Telephone Competition,” Communications Lawyer (Summer 2004)
- Case Comment, “Grounds for Modification of Consent Decrees: Rufo v. Inmates of Suffolk County Jail,” Harvard Law Review (1992)
Community Involvement
- Founding Board Member, Washington Urban Debate League