Seth A. Goldberg
advises public and private companies, and their boards and executives, in commercial litigation matters, with a particular emphasis in antitrust and competition and health law. Mr. Goldberg has obtained successful results in federal and state courts and arbitral forums throughout the United States, as well as in regulatory/governmental matters, including investigations by the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission, and the New York Attorney General.
Highlights of Mr. Goldberg's recent experience include obtaining summary judgment on behalf of Virtua Health, Inc., a health system of four hospitals in southern New Jersey, against Deborah Heart and Lung Center, a specialty hospital in southern New Jersey, in federal antitrust litigation in which the Third Circuit Court of Appeals, in August 2016, affirmed a trial court's ruling that Deborah failed to show any adverse effect on competition in the market; representing the CEO and Board Chairman of a publicly traded company in a high-profile SEC investigation that resulted in the SEC issuing a no action letter to conclude its multi-year enquiry; representing one of the world's largest private equity firms in two separate $200M+ commercial disputes arising out of the merger and acquisition of two of its medical device portfolio companies, one of which resulted in a settlement that the client found favorable and the other of which is still pending; and favorable settlements in a number of shareholder class action and derivative lawsuits asserting claims for securities law violations and fiduciary duty breaches.
In connection with his trial practice, Mr. Goldberg 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 and mock trial coach for students at the Girard College High School.
Mr. Goldberg is admitted to practice in Pennsylvania, New Jersey, the District of Columbia and Florida.
•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
Honors & 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
•Contributor, Duane Morris Health Law Blog
•Co-author, Advice on Medical Marijuana for Lawyers in Pennsylvania, The Legal Intelligencer, December 10, 2014
•Co-author, State Law Negligence Claims May Be Coming Under HIPAA, Law360, November 26, 2014
•Co-author, Responding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims, Duane Morris Alert, November 14, 2014
•Co-author, Representing the Targeted Executive: Diplomacy Matters, Corporate Counsel, May 29, 2014
•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