James K. Goldfarb
Partner
James defends corporations, financial institutions, and their executives in securities class actions and commercial disputes in state and federal court. He uses his experience and specialized knowledge of the securities laws and financial products to achieve early dismissal, defeat class certification, or negotiate within-coverage settlements of 1933 Act, 1934 Act, Blue Sky, and common law claims.
James also advises international clients from Europe, Japan, and the Middle East on how to achieve their U.S. business goals by identifying and addressing U.S. litigation and regulatory risk.
James was a shareholder at McGonigle, P.C., before the firm combined with Davis Wright Tremaine.
Practice Highlights
Securities litigation
Financial products litigation
Complex commercial litigation
Executive Representations in Securities Litigation
CEO of a biologics company
Defended the former CEO of a biologics company in a securities class action and shareholder derivative litigation. Both settled on favorable terms with no payment by client.
CFO and independent board members of a telecommunications company*
CFO of a government-sponsored entity (GSE)
Defended the former CFO in three putative class actions alleging violations of the 1934 Act arising from the GSE's financial disclosures. Obtained complete dismissals in two of the actions, one on summary judgment, the other on a motion to dismiss. Defeated motions for class certification in two of the actions by showing that the plaintiffs failed to prove that Freddie Mac common and preferred shares traded in an efficient market. See Ohio Pub. Employees Ret. Sys. v. Fed. Home Loan Mortg. Corp., No. 08-cv-160, 2018 WL 3861840 (N.D. Ohio Aug. 14, 2018); Kreysar v. Syron, 281 F.R.D. 174 (S.D.N.Y. 2012)
Former CFO of private equity firm
Defended the former CFO in federal and state lawsuits alleging securities fraud, common law fraud, and breach of fiduciary duty arising from alleged misstatements in offering documents. Secured the client's voluntary dismissal from each action.
Financial Institution Representations in Securities Litigation
Market makers
Defended 13 market makers in a securities fraud lawsuit alleging market manipulation and violations of the Computer Fraud and Abuse Act and Sherman Antitrust Act. Obtained a complete dismissal on a motion to dismiss. See Orji v. Citadel Sec., LLC, No. 23-cv-02986, 2025 WL 860178 (D. Md. Mar. 19, 2025)
Market maker
Defended a market maker in a meme craze-related securities fraud lawsuit alleging market manipulation and misrepresentation, fiduciary duty breaches, regulatory violations, and antitrust violations. Obtained a complete dismissal on a motion to dismiss. See Mathew v. Citigroup Global Mrkts. Inc., No. 23-cv-12302, 2024 WL 3030513 (D. Mass. June 17, 2024)
Principal underwriter/distributor
Defended an underwriter/distributor in three lawsuits alleging 1933 Act and 1934 Act claims arising from the collapse of the Infinity Q mutual fund in 2021, including class actions under federal and New York state law. The actions were settled on very favorable terms.
Investment bank*
Investment banks*
Corporate Representations in Securities Litigation
Fortune 10 energy company*
Pharmaceutical company*
Fortune 100 telecommunications company*
Admitted to Practice
- New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Court of Appeals, 2nd Circuit
- U.S. Supreme Court
Education
- J.D. and LL.M., International and Comparative Law, Duke University School of Law, 1999
- M.Sc., International Relations, London School of Economics, 1997
- A.B., History, Washington University in St. Louis, 1992,
magna cum laude
- Phi Beta Kappa
Memberships & Affiliations
- Former co-chair, Class Action and Structured Financial Products subcommittees of the Securities Litigation Committee, American Bar Association Litigation Section
- Past member, Securities Litigation Committee, New York City Bar Association
- Member, Securities Editorial Advisory Board, Law360, 2016