Seth A. Goldberg practices in the areas of commercial and complex litigation, with a particular emphasis on breach of contract, fraud/misrepresentation, fiduciary duties and securities law violations. He also litigates actions involving products liability. He represents clients in federal and state courts, arbitral forums and administrative proceedings throughout the United States. Mr. Goldberg has been recognized as a Rising Star in Business Litigation among Pennsylvania lawyers. Mr. Goldberg is admitted to practice in Pennsylvania, New Jersey, the District of Columbia and Florida. He is a 1999 graduate of Temple University Beasley School of Law, where he was senior note/comment editor of the Temple Political & Civil Rights Law Review, and a graduate of Temple University. Areas of Practice · General Commercial Litigation · Complex Litigation/Class Actions · Products Liability · White Collar Crime Representative Matters Current Matters · Represent a property management company in the prosecution of three separate actions for breach of contract arising out of the wrongful termination of a sub-property management agreement. · Represent a medical device manufacturer in the defense of class action claims for breach of corporate duties and securities law violations arising out of two-step merger. · Represent a venture capital firm and a medical device manufacturer in an action in which another medical device manufacturer has asserted contract and fraud claims arising out of a failed merger agreement and seeks $225 million in damages. · Represent a national banking association in defense of several separate actions in which contract and fraud claims are being asserted and damages ranging from $100,000 to $10 million are being sought. · Represent the president and chief executive officer of a leading energy company in the defense of class action claims for breach of corporate duties arising out of a compensation package worth in excess of $100 million. · Represent a generic pharmaceuticals manufacturer in the defense of more than one hundred products liability claims arising out of the manufacturer's alleged failure to warn that an acne medicine it produces is capable of causing inflammatory bowel disease. · Represented a medical device manufacturer in the prosecution of contract and tort claims against a competitor for interfering with its restrictive covenants. Settled. Recent Matters (2009-2010) · Obtained on behalf of a national banking association the dismissal of a breach of contract action seeking damages in excess of $1 million. · Obtained on behalf of a national banking association the dismissal of a breach of contract action seeking in excess of $5 million. · Represented a medical device manufacturer in the prosecution of contract and tort claims against a competitor for interfering with its restrictive covenants. Settled. · Negotiated with the Federal Trade Commission on behalf of a national restaurant chain to avoid an enforcement action for allegedly fraudulent gift-card practices. · Represented a condominium association in the prosecution of a breach of contract claim against an insurer arising out of property damage sustained in a hurricane. Settled. · Represented classes of health care providers in five class-action arbitrations against an insurer for improper health care reimbursement practices. Settled. · Represented a national banking association in a number of matters and negotiated settlements that limited potential exposure of more than $2 million in damages to less than $75,000 in actual settlement payments. · Represented an entrepreneur in the defense of fraud claims asserted against him in Cyprus that arose out of a merger agreement. Settled. Significant Matters Resolved Before 2009 · Obtained and collected a damages award for a medical device company in a contract action arising out of an alleged breach of restrictive covenants. · Represented an asset-based lending firm in fraud action arising out of certain asset-based lending transactions. Settled. · Participated in the representation of a life insurance company in two class actions alleging breach of corporate duties arising out of a tender offer. Settled. · Participated in the representation of the Office of Federal Housing and Executive Oversight's investigation into the allegedly fraudulent accounting practices of Fannie Mae. Settled. · Participated in the representation of a Philadelphia-area hospital in an action alleging antitrust violations against a leading health insurance company. Settled. · Participated in the defense of a cigarette manufacturer in action alleging antitrust violations brought by another cigarette manufacturer. Summary judgment granted in favor of client. · Participated in the defense of a cigarette manufacturer in an action alleging antitrust violations brought by a class of tobacco growers. Settled. · Participated in the representation of an online file-sharing company in an action alleging copyright infringement. Settled. Professional Activities · University of Pennsylvania Inn of Court · American Bar Association
- Antitrust Section · Pennsylvania Bar Association · Philadelphia Bar Association · New Jersey Bar Association · District of Columbia Bar Association · Florida Bar Association Experience · Villanova Law School
- Adjunct Professor, Complex Litigation Theory and Practice, Fall 2011 · Duane Morris LLP
- Partner, 2008-present
- Associate, 2003-2007 · Boies, Schiller & Flexner LLP, Washington, D.C.
- Associate, 1999-2003 Civic and Charitable Activities · Girard College High School
- Developed and implemented a mentoring program for juniors and seniors interested in the practice of law. Honors and Awards · Recognized as a Pennsylvania Rising Star in Business Litigation, Philadelphia magazine, June 2011 and December 2008. Selected Publications · Co-author, "Settling the Issue of Life Settlements," The Deal, March 9, 2011 · "Class Arbitration Chaos," BNA Class Action Litigation Report, 11 CLASS 2, January 22, 2010 · "Rehashing Issues in Class Action Arbitration," Dispute Resolution Magazine, Fall 2008, Vol. 14, No. 1 · "O'Dell v. Netherland: Unconstitutional Death Sentence Affirmed on a Technicality," Temple Political and Civil Rights Law Review, Vol. 8.1, Fall, 1998 |