Seth A. Goldberg is a partner in the firm's Trial Practice Group. His practice focuses on the representation of public and private entities and their executives, with a particular emphasis on antitrust, securities and fiduciary duties. Mr. Goldberg also has significant experience with contract and fraud claims arising out of commercial transactions and products liability matters. His clients span a range of industries, including, among others, energy, finance, healthcare, pharmaceuticals and life sciences. In addition to appearing in federal and state courts and arbitral forums throughout the U.S., Mr. Goldberg has represented clients before the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission and the New York Attorney General's Office.
Mr. Goldberg has handled dozens of complex litigation and class action matters, and has taught a course at Villanova Law School titled Complex Litigation Theory and Practice. He is also a member of the firm's Diversity and Inclusion Committee, a mentor for the Leadership Council on Legal Diversity and a mentor for students at the Girard College High School
Mr. Goldberg is admitted to practice in Pennsylvania, New Jersey, the District of Columbia and Florida.
Areas of Practice
· Fiduciary Duties
· General Commercial Litigation
· Complex Litigation/Class Actions
· Products Liability
· White Collar Crime
· Counsel to a leading private equity firm and a venture capital firm in an action seeking $48 million in damages arising out of the breach of a merger agreement relating to the acquisition of a medical device company and regulatory approval of a medical device.
· Counsel to an entrepreneur in an action asserting fraud claims in Cyprus arising out of a merger agreement.
· Counsel to a statewide class of emergency room physicians in Illinois asserting class action claims against health insurance companies arising out of improper reimbursement for non-contracted services provided to beneficiaries enrolled in the insurer's Medicaid plan.
· Counsel to statewide classes of pathologists in Illinois, Texas and Tennessee asserting class action claims against in three separate class action arbitrations against a health insurance company arising out of improper reimbursement for contracted services provided to beneficiaries enrolled in the insurer's health care plans.
· Counsel to a national class of hospitals asserting class action claims against two insurance companies arising out of improper reimbursement for facility charges, as opposed to professional charges.
· Counsel to a publicly traded medical device manufacturer asserting claims for breach of restrictive covenants and tortious interference with contract against a competitor and former sales representatives.
· Counsel to an executive of a publicly traded pharmaceutical manufacturer in an investigation arising out of an alleged violation of restrictive covenants.
· Counsel to a national banking association in more than a dozen different actions asserting breach of contract and fraud arising out of banking practices; obtained dismissals or negotiated settlements in all of the matters, limiting potential exposure of more than $10 million to less than $75,000 in actual settlement payments, with no verdicts against the client.
· Counsel to a condominium association in an action seeking $26 million in damages arising out of the breach of a property insurance agreement for damages resulting from a hurricane.
· Counsel to a publicly traded medical device manufacturer in an action asserting claims for breach of contract and fraud arising out of a mobile services agreement.
· Counsel to a property management company in three separate actions for breach of contract arising out of the wrongful termination of five sub-property management agreements.
· Counsel to a leading investment banking firm in an action seeking $30 million for breach of contract and misrepresentation arising out of an asset-based lending agreement.
· Counsel to a large New Jersey health system in an action alleging antitrust claims brought by a New Jersey hospital arising out of patient referral arrangements.
· Counsel to an industry-leading publicly traded cigarette manufacturer in a class action alleging antitrust claims brought by a national class of tobacco growers arising out of tobacco auctioning and bidding.
· Counsel to a Philadelphia-area hospital in an action alleging antitrust claims against the region's largest health insurance company arising out of hospital reimbursement rates.
· Counsel to an industry-leading publicly traded cigarette manufacturer in action alleging antitrust claims brought by other cigarette manufacturers arising out of a national retail merchandising program.
· Counsel to a distributor of heavy-duty refuse trucks in an action alleging antitrust claims against an industry-leading heavy-duty refuse truck manufacturer.
· Represent former CEO and board chairman of Fortune 100 energy and natural gas company in company internal affairs inquiry, SEC investigation, NYAG investigation and dozens of civil litigation matters arising out of allegations of conflicts of interest, fiduciary duty breaches and securities law violations.
· Counsel to the president and chief executive officer of publicly traded Fortune® 100 energy and natural gas company in class actions alleging claims for securities law violations and breach of corporate duties.
· Counsel to a publicly traded medical device manufacturer in class actions alleging securities law violations and breach of corporate duties arising out of a tender offer and merger pursuant to which the client was acquired by another publicly traded medical device company.
· Counsel to a publicly traded mutual insurance company in class actions alleging securities law violations and breach of corporate duties arising out of a tender offer and merger pursuant to which the client went private.
· Counsel to a generic pharmaceuticals manufacturer in a New Jersey-based mass tort action arising out of allegations that an acne medicine is capable of causing inflammatory bowel disease.
· Counsel to an automotive manufacturer in a products liability action claiming asbestos-containing brakes are capable of causing mesothelioma.
· Counsel to a generic pharmaceuticals manufacturer in a products liability action claiming an antibiotic is capable of causing Achilles tendonitis and ruptures.
· Counsel to a leading dietary supplement manufacturer in a MDL arising out of claims that an ephedrine-containing dietary supplement was capable of causing myocardial infarction.
· Counsel to a national restaurant chain in an Federal Trade Commission enforcement action arising out of allegedly fraudulent gift-card practices.
· Counsel to the Office of Federal Housing and Executive Oversight's investigation into the allegedly fraudulent accounting practices of Fannie Mae.
· Counsel to The Hospital and Healthsystem Association of Pennsylvania in a challenge to a General Appropriations Act that set a default reimbursement rate for out-of-network emergency services provided to enrollees of Medical Assistance managed care organizations; the Supreme Court of Pennsylvania issued a unanimous ruling invalidating the provision in favor of the Duane Morris client.
Intellectual Property Litigation
· Counsel to an online music file-sharing company in an action alleging copyright infringement.
· Counsel to an industry-leading, publicly traded guitar manufacturer in an action asserting trademark infringement relating to the shape of an iconic guitar.
Pro Bono Work
· Counsel to a former Philadelphia police officer in a civil action for negligent supervision brought by an individual who claims that he was shot by the officer's minor child.
· Counsel to a grandmother seeking primary physical custody of her granddaughter.
· Counsel to a mother seeking primary physical custody of her two young children.
· Villanova Law School
- Adjunct Professor, Complex Litigation Theory and Practice
· Duane Morris LLP
- Partner, 2008-present
- Associate, 2003-2007
· Boies, Schiller & Flexner LLP, Washington, D.C.
- Associate, 1999-2003
· 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
Honors and Awards
· Recognized as a Pennsylvania Rising Star in Business Litigation, Philadelphia magazine, June 2011 and December 2008.
Civic and Charitable Activities
· Girard College High School
- Developed and implemented a mentoring program for juniors and seniors interested in the practice of law
- Coach, Mock Trial Team
· Leadership Council for Legal Diversity, Mentor
· 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