Difference Maker Bob Goldberg Brings Clarity to Law for Industry Dealers

Bob Goldberg, BTA general counsel

One of the nice things that come with the territory of being Bob Goldberg is knowing that his impact on the industry will be keenly felt by generations to come.

In early 2015, the Business Technology Association (BTA) established the Goldberg Legacy Scholarship in his honor to support the educational endeavors of students within the industry. It’s an honor, Goldberg notes, and something to which he strives daily to remain worthy of such a gesture. That certainly ranks above having a bronze statue sitting on a dusty shelf somewhere, commemorating his legacy in past terms.

“More importantly,” observed Goldberg, a 2020 ENX Magazine Difference Maker, “I did not have to die to receive the honor.”

It’s true that there is simply much more of Goldberg’s story left to be told. It’s been 43 years since he first provided antitrust guidance for the then-National Office Machine Dealers Association (NOMDA) to ensure legal compliance. In those early years of the relationship with what is now BTA, dealers sought to level the playing field in terms of their bargaining position with suppliers. Product performance issues were a frequent concern and dealer/supplier agreements generally favored the latter.

NOMDA created the Model Dealer Agreement, which became an industry standard, and dealers now routine exceed the annual revenue of their suppliers. And Goldberg has enabled the BTA dealer community to resolve supplier disputes without the need for litigation. Suffice to say, the BTA dealer is now in a much better positioned to reconcile issues.

“The NOMDA/BTA Legal Hotline has provided members with legal assistance from a knowledgeable industry participant,” Goldberg noted. “NOMDA also established a legal defense fund, which assisted members with litigation costs in disputes that could not be resolved in a business context. NOMDA introduced in Congress the Fair Dealership Practices Act, resulting in an industry-wide agreement as to contractual terms and practices to be followed.”

As industry players go, fewer are more recognizable than Goldberg, of counsel with the Chicago-based firm Schoenberg, Finkel, Beederman, Bell, Glazer LLC. He’s been dispensing legal counsel to BTA dealers on the subject of employment issues, documentation, legislative matters, sales tax, fraudulent telemarketing, business valuation or other relevant subjects for nearly five decades. Chances are, if you attend BTA-hosted events, you’ve heard one of Goldberg’s countless presentations on the day’s most pressing topics.

Goldberg owes a great deal to the late A. Gordon Adams for his introduction to the industry’s movers and shakers. Adams was a chairman of NOMDA and helped Goldberg establish a firm foundation.

“Gordon was an outstanding individual who I think of often and miss dearly,” Goldberg added.

Protecting the financial interests of dealers came into full view in 2019 following the bankruptcy of a major leasing company. The bankruptcy court had sought to recover all payments made by the leasing company in the 90 days prior to declaration, an action that sought a refund of all leases funded during that time.

The impacted dealers, who had already provided equipment to their end-users, were confronted with the possibility of losing payment and endangering their status as an ongoing concern. Fortunately, Goldberg and the BTA were successful in garnering the repayment of funds in bankruptcy court—pulling the dealers out of dire straits.

Even as Goldberg approaches retirement, he seeks to continue his work with the BTA and its members “for as long as I can continue to do so in a competent and professional manner.” It’s been his life’s work, and he hopes to continue guiding members as they navigate through the pandemic.

“The coronavirus has greatly changed the industry and I hope to assist in successfully moving into the next stage,” he said.

Next month, Bob and Carol Goldberg will celebrate their 50th wedding anniversary. The Goldbergs enjoy vacationing in Punta Mita, Mexico. They have three sons: Michael is in business, Greg is an attorney and Alan is a doctor. Goldberg serves on the board of The Jillian Fund and serves numerous charitable and philanthropic organizations in the Windy City. An avid golfer, Goldberg enjoys the fellowship of fellow duffers without being bogged down by keeping score.

“Large numbers are intimidating,” he confessed.

Erik Cagle
About the Author
Erik Cagle is the editorial director of ENX Magazine. He is an author, writer and editor who spent 18 years covering the commercial printing industry.