Daniel S. Wittenberg

Daniel S. Wittenberg: Attorney with Snell & Wilmer L.L.P. AV stamp icon
  • Partner at Snell & Wilmer L.L.P. (433 Attorneys)
  • The Evening Star Building, 1101 Pennsylvania Avenue, N.W., Suite 300, Washington, DC 20004
    View Daniel S. Wittenberg's other office locations
  • Peer Reviews

    5.0/5.0
  • Profile Visibility [ i ]
    • #947 in weekly profile views out of 55,144 Attorneys in Washington, DC
    • #42,536 in weekly profile views out of 1,822,458 total attorneys Overall
Attorney Awards

Biography

Dan Wittenberg’s practice is concentrated on representing manufacturers and distributors of products across a vast array of industry sectors including: life sciences, medical technologies, pharmaceutical, consumer products, appliances, fall protection, food, cosmetics, dietary supplements, healthcare products, heavy equipment, oral and personal care products, power generation and timber. He regularly defends these companies in product liability litigation as well as counsels these businesses on agreements, risk avoidance/management strategies, labeling and marketing materials, instructions for use, as well as recalls and regulatory matters, including those involving the FDA and CPSC. Dan has served as national counsel for major medical device manufacturing concerns and regional as well as local counsel in mass tort cases. He has attained certification as a Global Regulatory Affairs Compliance Professional (GRACP). Dan also works with entities in technology transfer and intellectual property matters including university technology commercialization, litigation, licensing and agreement negotiations. He also represents individuals and companies in commercial litigation. Representative clients also include renewable/clean energy companies, such as a leading manufacturer of solar cells, panels, inverters and imaging detectors, as well as one of North America's largest wind energy companies.

Dan is a Co-Chair of the firm’s Pharmaceuticals and Medical Devices Industry Group, is listed in The Best Lawyers in America , Product Liability Litigation - Defendants and named by LMG as a Life Sciences Star. He is Peer Review Rated AV Preeminent in Martindale-Hubble and currently assisting clients throughout the Western United States including Arizona, California, Colorado, Nevada and Utah.

Business Litigation

Dan Wittenberg is in Snell & Wilmer’s Commercial Litigation Group where he has represented a variety of businesses' interests in matters throughout the Western United States.

Pharmaceuticals and Medical Devices

For 20 years, Daniel Wittenberg has counseled life science, medical technology and consumer product companies in formulating creative, effective and efficient solutions to problems in both the litigation and non-litigation settings. He works with clients on risk management strategies, recalls, product liability issues and regulatory matters, including those involving the Food and Drug Administration (FDA) and Consumer Products Safety Commission (CPSC). Dan has attained certification as a Global Regulatory Affairs Compliance Professional (GRACP) and has served as national counsel for major medical device manufacturing concerns, and regional counsel in mass tort cases. He also represents companies in commercial litigation and works with entities in technology transfer, university commercialization and intellectual property matters. Representative clients also include renewable and clean energy companies, such as a leading manufacturer of solar cells, panels, inverters and imaging detectors, as well as one of North America’s largest wind energy companies. Dan is a co-chair of the firm’s Medical Device and Pharmaceutical industry group and serves on the firm’s Attorney Development Committee. He has been listed in The Best Lawyers in America , Product Liability Litigation - Defendants and named by LMG as a Life Sciences Star.

Product Liability Litigation

As a partner of Snell & Wilmer, Dan Wittenberg concentrates his practice in representing medical device, pharmaceutical, biotechnology and consumer product manufacturers in product liability litigation as well as counseling these companies in risk avoidance/management strategies, recalls and regulatory matters, including those involving the FDA and CPSC. Dan has attained certification as a Global Regulatory Affairs Compliance Professional (GRACP) and has also served as national counsel for major medical device manufacturing concerns and regional counsel in mass tort cases. He also works with entities in technology transfer and intellectual property matters including university technology commercialization, litigation, licensing and agreement negotiations. Dan also represents companies in commercial litigation. Representative clients also include renewable/clean energy companies, such as a leading manufacturer of solar cells, panels, inverters and imaging detectors, as well as one of North America’s largest wind energy companies.

Representative Presentations and Publications

•“Blockchain: Technology Rockin’ the Legal Industry,” Author, Litigation News (September 2018)
• Trade Secret Litigation Continues to Soar , Author, Litigation News (Fall 2018)
•“The SEC’s Whistleblower Program: A Growing Legal Cottage Industry,” Author, Litigation News (May 2018)
• Dietary Supplement Labeling, Author, ABA Section of Litigation Products Liability Committee Practice Pointer (April 2018)
• Life Sciences: The Intersection of Professional Liability & Products Liability, Panelist, 2018 PLUS Healthcare and Medical PL Symposium (March 2018)
•“The Intersection of Medical Malpractice and Product Liability Cases - Unintended Consequences of Damage Caps,” Author, 2018 PLUS Healthcare and Medical PL Symposium (March 2018)
• Data Analytics: A New Arrow in Your Legal Quiver, Author, Litigation News (Winter 2018)
• Increasing Ransomware Attacks Serve as a Reminder to Consider Cyber Insurance, Author, Litigation News (Fall 2017)
• FDA Makes Gene Therapy Available for First Time in USA, Author, Product Liability Update (September 2017)
• A Brief Look at the European Union s New Medical Device and In Vitro Diagnostic Regulations, Co-Author, ABA Products Liability Litigation Newsletter (August 2017)
• Corporate Clients Demand More Diversity from Law Firms, Author, Litigation News (Summer 2017)
• Boulder’s Research & Commercialization Imperative, Moderator, Boulder Economic Summit, Boulder, CO (May 2017)
• Senate Confirms New FDA Commissioner, Author, Product Liability Update (May 2017)
• The Virtual Practice of Law, Author, Litigation News (Spring 2017)
• Post-market Cybersecurity Management in Medical Devices, Presenter, Webinar, Marsh Mid- Atlantic (March 2017)
• Colorado BioScience Policy Update, Featured Speaker, BioScience Day at the Capitol, Denver, CO (March 2017)
• Hot Topics in Life Science Litigation, Featured Speaker, Medmarc Annual Brokers Meeting, Las Vegas, NV (February 2017)
• One in, Two Out: Potential FDA Uncertainty for Medical Device and Pharmaceutical Companies, Author, Product Liability Update (January 2017)
• Leveraging Partnerships for Success, Moderator, Medical Device Symposium, Broomfield, CO (January 2017)
• Rise of the Machine: Artificial Intelligence in the Practice of Law, Author, Litigation News (Winter 2017)
• Benefiting From FDA’s Medical Device Risk-Benefit Guidance , Co-Author, Law360 (July 25, 2016)
• Cybersecurity: What Life Sciences Companies Need to Know to Defend Themselves Against the Inevitable, Co-Presenter, Medmarc Loss Control Webinar Series (June 29, 2016)
• What s The Big Deal About US Biosimilar Approval? Author, Law360 Life Sciences (April 27, 2016)
• Biologics, Biosimilars and Product Liability Risk Considerations, Featured Speaker, Chicago, IL (March 2016)
• Hello Proportionality, Goodbye Reasonably Calculated : Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments, Regional Chair, Denver, CO (March 2016)
• A View from the Inside: Practice Pointers from In-House Counsel, Contributing Editor, Products Liability Newsletter (February 2016)
• Colorado BioScience Policy Update, Featured Speaker, BioScience Day at the Capitol, Denver, CO (February 2016)
• Product Liability Year In Review, Featured Speaker, Environmental, Mass Torts & Products Liability Litigation Joint CLE Seminar, Park City, UT (January 2016)
• 50-State Survey - Chemical Exposure Claims, Contributing Co-Author, ABA Section of Litigation (August 2015)
• Going In-House: An Interview on Making the Move, Moderator, ABA Section of Litigation, Sound Advice Podcast (August 2015)
• FDA Issues Final Guidance on Intent to Exempt Certain Medical Devices from Premarket Notification Requirements, Author, Product Liability Update (July 2015)
• Adopting a Safety Policy and Assembling a Safety Team, Author, Litigation 360 (June 4, 2015)
• Minimizing Clinical Trials Liability: Ensuring Effective Informed Consent Documents, Featured Presenter, Medmarc Insurance Webinar (May 27, 2015)
• Collaborative Arrangements in Commercializing Devices and Diagnostics, Moderator, Colorado BioScience Association Spring Industry Symposium, Broomfield, CO (May 13, 2015)
• Going In-House: An Interview on Making the Move, Moderator, ABA Section of Litigation, Sound Advice (May 2015)
• FDA Issues Draft Guidance on Distributing New Risk Information for Approved Drugs and Biologics, Author, Product Liability Update (2014)
• FDA Issues New Draft Guidance on Medical Device Data Systems, Author, Product Liability Update (2014)
• Summary of FDA’s Final Guidance on Dear Health Care Provider Letters, Co-Author, Product Liability Update (2014)
• New FDA Guidance on Mobile Medical Apps, Presenter, ABA Section of Litigation Roundtable (2014)
• Regulatory Strategies for Medical Device, Diagnostic and Pharmaceutical Companies, Moderator, Current Issues in Pharmaceutical and Medical Device Litigation & Policy, NovoNordisk, Inc., Princeton, NJ (2013)
• Positioning Your Company for Funding, Moderator, Seventh Annual Medical Device Symposium, Westiminster, CO (2013)
• Overview of New FDA Guidance on Regulation of Mobile Medical Apps, Co-Author, ABA Section of Litigation, Products Liability Committee News & Developments (2013)
• Summary of FDA Guidance on Mobile Medical Apps, Co-Author, Snell & Wilmer Product Liability Update (2013)
• Food and Drug Litigation Strategies, Leading Lawyers on Building Strong Defenses and Adapting to Evolving FDA Regulations, Contributing Chapter Author, Aspatore (2013)
• Colorado BioScience Legislative Briefing for Jared Polis, Presenter, Rocky Mountain Innosphere, Ft. Collins, CO (2013)
• CEO Roundtable with Congressman Doug Lamborn, Participant, Depuy Synthes, Monument, CO (2013)
• Colorado BioScience Legislative Briefing, Presenter, Somalogic, Boulder, CO (2012)
• CEO Roundtable with Senator Mark Udall, Presenter, Denver Metro Chamber of Commerce, Denver, CO (2012)
• CEO Roundtable with Congressman Cory Gardner, Presenter, Amgen, Longmont, CO (2012)
• CEO Roundtable with Congressman Ed Perlmutter, Presenter, Terumo BCT, Lakewood, CO (2012)
• Judge, Jury and Executioner: Liability When Acting as Supplier & Tester/Inspector, Presenter, ERAI Executive Conference, Las Vegas, NV (May 17-18, 2012)
• Sales Representative Liability Issues, Moderator, Current Issues in Pharmaceutical Litigation & Policy, GlaxoSmithKline, Philadelphia, PA (2011)
• Industry Trends in the Current Regulatory Environment, Moderator, Fifth Annual Medical Device Symposium, Westminster, CO (2011)
• Plaintiff’s Medical Care and Treatment-Discovery and Evidentiary Issues, Contributing Editor, American Bar Association (2011)
• Contractual Risk Transfer, Best Practices and Considerations: Indemnification, Recalls and Clinical Trials, Featured Speaker, TechAssure Member Conference, San Francisco, CA (2010)
• Recall Provisions in Contracts: Important Factors and Considerations (2010)
• Clinical Trial Agreements: Four Fundamental Factors (2010)
•Seminar Organizer, Third Annual Medical Device Symposium, Colorado Bioscience Association, Westminster, CO (2009)
• Indemnification Agreements and Contractual Risk Transfer for Life Science Companies, Featured Speaker, Chubb Life Sciences Producer Forum, Inverness, CO (2009)
• Consumer Class Actions 50 State Survey, Contributing Author, American Bar Association (2009)
•Seminar Organizer and Panel Moderator, Second Annual Medical Device Symposium, Colorado Bioscience Association, Westminster, CO (2008)
• Reducing Exposure to Lawsuit Liability in Life Science Product Cases: Litigation Readiness in the Electronic Age, Featured Speaker, Denver, CO (2007)
• Update on Punitive Damage Claims: A Fifty-State Survey, Contributing Author, American Bar Association (2007)
• Beyond the Preemption Preamble: A Practical Analysis of the New FDA Labeling Requirements, Moderator, Current Issues in Pharmaceutical Litigation & Policy, Kenilworth, NJ (2006)
• Off Label Is In, The Growing Trend of Pharmaceutical Prescriptions for Non-FDA Approved Purposes, Co-Author, American Bar Association (2006)
• The Good, The Bad, and The Ugly: A Product Liability Year In Review 2005, Featured Speaker, American Bar Association s Litigation Section s Joint CLE, Beaver Creek, CO (2006)
• Establishing and Maintaining the In-House Counsel Relationship, Moderator, American Bar Association Annual Meeting, Chicago, IL (2005)
• Litigation Defense Strategies in Medical Product Design, Panelist, Denver, CO (2005)
• The Use of Toxicology in Tort Litigation, A Survey of Federal & State Jurisdictions, Contributing Author, American Bar Association (2004)
• Hot Topics in Medical Device Litigation, Panelist, The Seventeenth Medical Device Seminar, Santa Fe, NM (2004)
• California s Unfair Competition Laws, Featured Speaker, Current Issues in Pharmaceutical Litigation & Policy, Philadelphia, PA (2003)
• Standard for Design Defects - A State by State Survey, Contributing Author, American Bar Association (2003)
• Hot Topics In Products Liability Law, Moderator, American Bar Association Annual Meeting, San Francisco, CA (2003)
• The Use of Epidemiology in Tort Litigation: A Summary of Federal & State Jurisdictions, Contributing Author, American Bar Association (2003)
• Post Sale Duty to Warn, Contributing Author, A Monograph Prepared by the ABA Section of Litigation s Product Liability Committee, American Bar Association (2003)
• The Young Litigator s Toolkit, Co-Moderator, ABA Section of Litigation s Annual Meeting, Houston, TX (2003)
• The Battle Over the Role of Epidemiology in Proving General Causation: Word From the Front, Co-Moderator, Current Issues in Pharmaceutical Litigation & Policy, Bridgewater, NJ (2002)
• The Battle Over the Role of Epidemiology in Proving General Causation: Word From the Front, Author, Product Liability Newsletter, Vol. 13, No. 2, American Bar Association (2002)
• Discovery In Products Liability Actions, Author, Dri Young Lawyers Form Book 2002, II.A-1 - II.A-40, DRI (2002)
• Terminating the Product Franchise, Co-Author, ABA Section Of Litigation Section Annual Meeting, Program Materials, pp. 47-52, Boston, MA (2002)
• Product Liability Primer, Featured Speaker, Global Quality Council Meeting, Sunrise Medical, Inc., Fresno, CA (2000)
• The Role of the Sales Representative in Products Liability Claims, Featured Speaker, Sunrise Medical, Inc. s National Sales Meeting, Interlocken, CO (1999)
• Design Defense Strategies, Featured Speaker, Sunrise Medical, Inc. s Growth Conference, Denver, CO (1999)
• Hot Potatoes, Proving It s Not Your Product, Featured Speaker, DRI Products Liability Seminar, New Orleans, LA (1998)

Professional Recognition and Awards

•The Best Lawyers in America , Product Liability Litigation - Defendants (2013-2019)
•LMG Life Sciences Star (2012-2018)
•Global Regulatory Affairs Compliance Professional (GRACP)
•Medmarc Insurance Company s Defense Attorney of the Year (1997)

Community Involvement

•American Lung Association, Colorado, Board of Directors (2010-2015)
•Colorado BioScience Political Action Committee
•Founding Member
•Board of Directors
•WOW! Children s Museum, Board of Directors (2007-2015)

Other Professional Experience

•Gordon & Rees, LLP, Partner, San Francisco, California
•Wright Robinson Osthimer & Tatum, Shareholder, San Francisco, California

Related News & Events

Aug 15
139 Snell & Wilmer Lawyers Listed as Leaders in Their Fields by The Best Lawyers in America 2019 Eleven Snell & Wilmer attorneys recognized as a 2019 Lawyer of the Year

Mar 08
Snell & Wilmer Partner Daniel S. Wittenberg Named Co-Chair of Food and Supplements Subcommittee of American Bar Association Section of Litigation's Products Liability Committee

Sep 11
Snell & Wilmer Partner Daniel S. Wittenberg Named Life Sciences Star For Sixth Consecutive Year

Aug 15
The Best Lawyers in America 2018 Lists 133 Snell & Wilmer Lawyers as Leaders in Their Field

Jan 17
Snell & Wilmer Renews Commitment to Los Angeles Moves to 31st Floor of Two California Plaza

Jan 11
Denver Partner Daniel S. Wittenberg Selected to Boulder Chamber Community Affairs Council

Dec 15
Colorado Business Committee for the Arts Elects Snell & Wilmer Partner Daniel S. Wittenberg to Board of Directors

Sep 06
Snell & Wilmer Partner Daniel S. Wittenberg Named Life Sciences Star by LMG

Aug 15
The Best Lawyers in America 2017 Lists 125 Snell & Wilmer Lawyers As Leaders In Their Field In addition, 15 Snell & Wilmer attorneys recognized as a 2017 “Lawyer of the Year”

Sep 03
LMG Names Snell & Wilmer Partner Daniel S. Wittenberg as Life Sciences Star

Aug 17
The Best Lawyers in America 2016 Lists 128 Snell & Wilmer Lawyers as Leaders in their Field In addition, 19 Snell & Wilmer attorneys recognized as a 2016 “Lawyer of the Year”

Aug 18
The Best Lawyers in America 2015 Lists 123 Snell & Wilmer Lawyers as Leaders in Their Field

May 28
LMG Names Snell & Wilmer Partner Daniel S. Wittenberg as “Life Sciences Star”

Oct 30
Snell & Wilmer Attorney Dan Wittenberg Publishes Chapter on Food and Drug Litigation Strategies

Aug 19
The Best Lawyers in America 2014 Recognizes 119 Snell & Wilmer Attorneys as Leaders in Their Field

Jun 27
LMG Names Snell & Wilmer Partner Daniel Wittenberg as “Life Sciences Star” for Second Consecutive Year

Feb 18
Snell & Wilmer Attorney Daniel Wittenberg Among Colorado Delegation for Medical Device Industry at Capitol Hill

Sep 04
The Best Lawyers in America 2013 Recognizes 114 Snell & Wilmer Attorneys as Leaders in Their Field

Jun 20
LMG Names Snell & Wilmer Partner Daniel Wittenberg as Life Sciences Star

May 11
Snell & Wilmer Team to Present Throughout ERAI Executive Conference

Mar 14
Daniel Wittenberg Among Colorado Delegation for Medical Device Industry at Capitol Hill

Feb 10
Snell & Wilmer Partner Dan Wittenberg Named Co-Chair of Colorado Bioscience Association's Government Relations and Public Affairs Committee

Jan 24
Snell & Wilmer Partner Dan Wittenberg Accepted into Leadership Boulder County Program

May 12
Snell & Wilmer Partner Dan Wittenberg Achieves Key Regulatory Compliance Certification

Jan 20
Snell & Wilmer Partner Daniel S. Wittenberg Appointed to Law360 Advisory Board

Dec 23
Snell & Wilmer Partner Daniel S. Wittenberg Appointed to Colorado Bioscience Pac Board of Directors

Related Publications

Aug 06
Health Law Checkup - FDA Draft Guidance: How Drug and Device Firms Can Correct Third-Party Misinformation Appearing on Social Media (Part II of II)

Jul 23
Health Law Checkup - FDA Draft Guidance Aims to Clarify Appropriate Character-Space-Limited Social Media Use by Drug and Device Firms (Part I of II)

Jul 09
Product Liability Update - FDA Issues New Draft Guidance on Medical Device Data Systems

May 09
Product Liability Update - May 2014 Making Sure Cybersecurity and Liability Concerns Don’t Ground the Drones; Summary of FDA’s Final Guidance on Dear Health Care Provider Letters Making Sure Cybersecurity and Liability Concerns Don’t Ground the Drones; Summary of FDA’s Final Guidance on Dear Health Care Provider Letters

Nov 11
Product Liability Update - November 2013

Aug 05
Product Liability Update - August 2013

Oct 19
Life Science Business Alert (October 2010) Study Reveals Less Than 1 Percent of Medical Devices Cleared by 510(k) Process Were Involved in Class 1 Recalls Study Reveals Less Than 1 Percent of Medical Devices Cleared by 510(k) Process Were Involved in Class 1 Recalls

Jun 29
Life Science Business Alert Tax Credit and Cash Grant Application for Life Science Companies Under Section 48D Now Available Tax Credit and Cash Grant Application for Life Science Companies Under Section 48D Now Available

Apr 02
Health Care Alert: Navigating Health Care Reform (April 2, 2010) Understanding Health Care Reform - An Initial Guide For Employers Understanding Health Care Reform - An Initial Guide For Employers

Mar 30
Health Care Alert: Navigating Health Care Reform Understanding the New Health Care Reform Act Understanding the New Health Care Reform Act

(Also at Costa Mesa, CA Office)

Areas of Practice (11)

  • Canada
  • Class Action Litigation
  • Commercial Litigation
  • Consumer Product Safety
  • Intellectual Property and Technology
  • Intellectual Property and Technology Litigation
  • International
  • Life Sciences and Medical Technology
  • Pharmaceuticals and Medical Devices
  • Product Liability Litigation
  • Investigations, Government Enforcement and White Collar Protection

Education & Credentials

Contact Information:
Year of First Admission:
1992
Admission:
United States District Court, Western District of Washington; United States District Court, District of Colorado; District of Columbia Court of Appeals; United States District Court, District of Arizona; United States District Court, Northern District of California; United States Court of Appeals, Ninth Circuit; Supreme Court of Washington; District of Columbia; Colorado; Washington; California; United States Supreme Court; Supreme Court of California; Supreme Court of Colorado
Memberships:

Professional Memberships and Activities

•American Bar Association
•Litigation Section
•Co-Chair, Food and Supplements Sub-Committee
•Co-Chair, Sound Advice
•Associate Editor, Litigation News
•Columnist, Business of Litigation
•Division Director (2010-2012)
•Products Liability Committee, Co-Chair (2007-2010)
•Pharmaceutical Sub-Committee, Co-Chair (2005-2007)
•Young Advocate Training and Outreach Committee, Co-Chair (2003-2005)
•Technology Committee, Co-Chair (2002-2004)
•Young Lawyers Division (1996-2002)
•Domestic Violence Institute, Project Manager
•Disaster Legal Services Committee, Chair
•National Conferences Team, Vice-Chair
•Northern California District Representative (1996-1998)
•Boulder Economic Council
•Colorado BioScience Association
•Board of Directors
•Government Relations and Public Affairs Committee, Co-Chair
•Defense Research Institute
•Bar Association of San Francisco (1994-1997)
•Barristers Club, Treasurer & Board of Directors
•Denver Metro Chamber of Commerce, Healthcare Committee

Reported Cases:
Representative Experience: Pharmaceutical, Medical Device, Life Science Companies: Works extensively with medical technology and healthcare product companies on product liability related issues as well as counsel these businesses on regulatory, risk, compliance and transactional matters; Vast experience in working with senior management including C-level executives, as well as with business units, sales teams, engineering departments, R&D, quality, regulatory, legal and medical safety representatives in addition to compliance departments; Counsels companies on labeling, marketing, instructions for use, methods for creation of appropriate internal documentation with an eye towards reducing future risk exposure, as well as in responding to FDA inquiries concerning product lines or complaint trends, general investigations as well in responding to 483s; Participated on the regional team defending a global pharmaceutical and biotechnology company in mass tort litigation involving diet drugs as well as mass tort litigation involving phenylpropanolamine; Serves as local counsel in various jurisdictions defending a pharmaceutical company in litigation arising out of professionally labeled OTC products as well as local counsel for a pharmaceutical company in litigation arising out of gadolinium-based contrast agents; Served as local counsel for a medical device manufacturer in the pain pump litigation and also counsels medical device manufacturers in product recall strategies and risk management issues; Medical Device & Pharmaceutical Manufacturers & Suppliers: Litigated, negotiated and resolved cases involving: non-surgical transcatheter cardiac defect closure device; biomedical/pharmaceutical grade tubing manufacturer; self-reinforced, resorbable polymer implants for use in orthopedic surgery; laser surgical device for aesthetic applications; laser ophthalmic devices; generic pharmaceuticals in tardive dyskinesia case; dental anesthetics; electrosurgical generator units, electrodes and surgical devices in circumcision, dental and obstetrical oriented cases; cryosurgery devices; manual and power wheelchairs; durable medical equipment including patient lifts, hospital beds, crutches, canes, walkers and scooters; wheelchair lifts; vascular access products; infusion therapy devices; disposable surgical accessories; spinal implant and orthobiologic products; home-use electrotherapy products; over-the-counter pharmaceutical products; Defense of Other Manufacturers: Forest products; Recreational accessories including towing products and bungee cords; Underground construction equipment; Heavy equipment; Industrial gas turbine power system solutions; Manufacturers of consumer products including appliances for use in and outside of the home; Commercial Matters: Defended a publicly traded supplier of oxygen, respiratory and home infusion products in breach of contract action arising out of its acquisition of assets of predecessor entity, as well as in commercial lease disputes, and contract action arising out of dispute over sales commissions; Defended a leading independent provider of medical imaging software in breach of contract/licensing agreement dispute; Defended major issuer in consumer credit card litigation; Defended a worldwide manufacturer, distributor and servicer of medical devices in breach of contract, express indemnity and declaratory relief action arising out of suppliers resolution of an independent underlying tort action; Defended a debt consolidation company in unfair business practices and consumer legal remedies class action; Negotiated resolution of breach of contract action arising out of dispute over sales commissions on behalf of global industrial laser manufacturer; Favorably resolved a medical malpractice/elder abuse action against a home health care agency; Negotiated positive resolution on behalf of a provider of health and medical career training institution arising out of one of its phlebotomy courses; Representative Litigation: Commercial Matters: Represented a leading medical device manufacturer in contract and leasing litigation as well as permitting matters; Represent a provider of web-based customer acquisition services in consumer class action litigation; Defended a publicly traded supplier of oxygen, respiratory and home infusion products in breach of contract action arising out of its acquisition of assets of predecessor entity, as well as in commercial lease disputes, and contract action arising out of dispute over sales commissions; Defended a leading independent provider of medical imaging software in breach of contract/licensing agreement dispute; Defended major issuer in consumer credit card litigation; Defended a worldwide manufacturer, distributor and servicer of medical devices in breach of contract, express indemnity and declaratory relief action arising out of suppliers resolution of an independent underlying tort action; Defended a debt consolidation company in unfair business practices and consumer legal remedies class action; Successfully negotiated resolution of breach of contract action arising out of dispute over sales commissions on behalf of global industrial laser manufacturer; Favorably resolved a medical malpractice/elder abuse action against a home health care agency; Negotiated positive resolution on behalf of a provider of health and medical career raining institution arising out of one of its phlebotomy courses; Representative Litigation: National Litigation: Served as national coordinating counsel for global medical device manufacturer of excimer lasers; Participated on the regional team defending a global pharmaceutical and biotechnology company in mass tort litigation involving diet drugs as well as mass tort litigation involving phenylpropanolamine; Serve as local counsel in various jurisdictions throughout the western U.S. defending manufacturer of orthopedic implants; Serve as local counsel in various jurisdictions including Arizona, Colorado, and Washington defending a pharmaceutical company in litigation arising out of professionally labeled OTC products; Participate as local counsel for a pharmaceutical company in litigation arising out of gadolinium-based contrast agents; Served as local counsel for a medical device manufacturer in the pain pump litigation; Provide Counseling to Medical Technology and Life Science Companies: Regulatory Matters; Product Recall Strategies; Risk Management Issues; Contract Negotiations and Contract Drafting; Business Formation; Pursuit of Qualifying Therapeutic Discovery Tax Credit; Intellectual Property and Technology Transfer Issues; Medical Device, Pharmaceutical and Biotechnology Manufacturers and Suppliers Litigation Matters: On behalf of medical technology and life science manufacturers and suppliers, litigated, negotiated and resolved cases involving: non-surgical transcatheter cardiac defect closure device; biomedical/pharmaceutical grade tubing manufacturer; self-reinforced, resorbable polymer implants for use in orthopedic surgery; laser surgical device for aesthetic applications; laser ophthalmic devices; generic pharmaceuticals in tardive dyskenisia case; dental anesthetics; electrosurgical generator units, electrodes and surgical devices in circumcision, dental and obstetrical oriented cases; cryosurgery devices; manual and power wheelchairs; durable medical equipment including patient lifts, hospital beds, crutches, canes, walkers and scooters; wheelchair lifts; vascular access products; infusion therapy devices; disposable surgical accessories; spinal implant and orthobiologic products; home-use electrotherapy products; over-the-counter pharmaceutical products; contraceptive devices; liquid embolics; orthopedic implants; Representative Litigation: National Litigation: Participate on national dryer fire team for global appliance manufacturer; Serve as Regional Counsel to marketer and distributor of small household appliances; Represent Manufacturers in Product Liability Matters: On behalf of manufacturers, distributors and suppliers - litigated, negotiated, and resolved cases involving: Appliances for use in and outside of the home; Forest products; Recreational accessories including towing products and bungee cords; Underground construction equipment; Heavy equipment; Industrial gas turbine power system solutions; Wind Power Products; Fall Protection Safety Equipment
ISLN:
901257251

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Washington, District of Columbia

Contact Daniel S. Wittenberg

Required Fields

Required Fields


By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.