Sean Zabaneh is a solutions-focused trial attorney, representing a diverse group of clients in highly regulated industries with particular focus in the healthcare and life sciences industries. He is a member of the Commercial and Antitrust Litigation Division of the firm's Trial Practice Group and is a team member of the Health and Life Sciences industry groups.
Mr. Zabaneh represents clients in high-stakes corporate governance, intellectual property, breach of contract and antitrust and competition litigation, including complex class action litigation. Mr. Zabaneh has substantial courtroom experience in dozens of state and federal court trials, administrative proceedings, government investigations, arbitrations, and mediations.
Mr. Zabaneh has been the firm’s Hiring Partner and Chair of the Recruitment and Retention Committee, and continues to be actively involved in firm recruiting efforts. He is also involved in the firm’s Diversity and Inclusion Committee and DM Pride, the Firm’s LGBTQ+ group. Mr. Zabaneh also organized the firm’s annual City Year Community Service Project, which provides books and supplies to local schools, and received several awards for his commitment to pro bono legal work, and served as a mentor for the Leadership Council on Legal Diversity.
Areas of Practice
- Healthcare and Life Sciences Litigation
- Intellectual Property Litigation
- Antitrust and Competition Litigation
- Mergers and Acquisitions
- Corporate Governance Litigation
Class Action Litigation
Represented hospital association successfully challenging Pennsylvania policy to impose standards on hospitals participating in statewide Medicaid program leading to abandonment of policy.
Represented hospital association asserting claims against Pennsylvania Office of the Attorney General for imposing a hybrid restraint of trade in violation of the Sherman Act on healthcare providers across Pennsylvania.
Representing physician groups seeking reimbursement from national payers relating to Emergency Department treatment.
Obtained affirmance of bid award to provider-owned healthcare payer in procurement administrative litigation and appeals regarding statewide Medicaid program. Affirmed on appeal.
Representing neurosurgery clinic in challenging unlawful and deceptive trade practices in Florida neurosurgery market by competing neurosurgeons.
Defended group of physicians in connection with Federal Trade Commission investigation of potential collective price negotiations, boycotts, and refusals to deal in violation of the Federal Trade Commission Act.
Representing homecare association challenging Pennsylvania’s attempt to impose statewide homecare agency model.
Represented hospital in connection with Department of Justice investigation involving alleged agreements among physicians in violation of Section 1 of Sherman Act.
Representing national class of hospitals alleging underpayments by TRICARE for outpatient services.
Defending healthcare providers in state administrative appeals regarding reimbursement disputes.
Defended home care agency in state administrative appeals regarding proposed termination of agency’s participation in Medicaid program.
Obtained dismissal of all claims with prejudice, including claims for injunctive relief, in favor of dialysis company in case involving alleged violations of non-competition and non-solicitation agreements.
Representing biological recycling company in connection with theft of company trade secrets, confidential information, and other intellectual property by former licensee and partner.
Obtained permanent injunction in favor of surgical implant manufacturer preventing competitor from utilizing the company’s intellectual property.
Representing biotechnology company seeking payment for deferred milestones pursuant to license agreement.
Defending global healthcare disinfectant manufacturer against allegations of theft of food process control trade secrets and confidential information.
Representing pharmaceutical company in intellectual property licensing dispute regarding competing licensed products.
Defending merger of prosthetics manufacturers against alleged violations of the Clayton Act and the Federal Trade Commission Act in Federal Trade Commission administrative proceeding.
Represented venture capital firm in securities fraud and breach of fiduciary duty dispute involving shareholders, lenders, and chief executive officer arising out of acquisition of startup life sciences company. Obtained settlement client found favorable.
Represented medical device manufacturer against alleged violations of exclusivity and right of first refusal provisions in distribution agreements. Obtained settlement client found favorable.
Represented canine biotechnology company in contract dispute regarding implementation of clinical trials. Obtained settlement client found favorable.
Defeated attempt to enjoin group of former employees of pharmaceutical company from forming start-up competitor.
Life Sciences Matters
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Federal Claims
- Supreme Court of the United States
- Washington University School of Law, J.D., 2005
- Associate Editor, Journal of Law and Policy
- Scholar in Law Honors
- Case Western Reserve University, B.A., 2001
- University Honors
- Presidential Scholar
- American Bar Association
- Litigation Section
- Antitrust Law Section
- Philadelphia Bar Association
Honors and Awards
- Listed in The Best Lawyers in America, 2023 and 2024
- Listed in "People on the Move," Philadelphia Business Journal
- Listed as a Rising Star in Pennsylvania Super Lawyers publication
- Pro Bono Roll of Honor, First Judicial District of Pennsylvania
Civic and Charitable Activities
- City Year Community Service Project
- Philadelphia Reads
- Co-author, "Affidavit: Healthcare and the Law - Preparing for the End of the COVID-19 Public Health Emergency," Wharton Healthcare Quarterly, April 2023
- Co-author, Health Law Handbook, Health Law Series, published by WestGroup, a Thompson company 2022-2023 Edition
- Co-author, "DOJ Antitrust Division Turns Up the Heat on Information Sharing in the Healthcare Industry and Beyond," Duane Morris Alert, February 8, 2023
- Co-author, "340B Hospital Reimbursement Update: D.C. District Court Remands Underpayment Remedy to HHS," Duane Morris Alert, January 18, 2023
- Co-author, "Affidavit: Healthcare and the Law - 'Hardcore Cartel Conduct': Antitrust Crackdown in Healthcare Labor Markets," Wharton Healthcare Quarterly, June 2022
- Co-author, "FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis," Duane Morris Alert, April 16, 2020
- Quoted, "Life-or-Death Hospital Decisions Come With Threat of Lawsuits," Bloomberg, April 2, 2020
- Co-author, "Pennsylvania Lawmakers Pass COVID-19 Emergency Response Bills," Duane Morris Alert, March 27, 2020
- Co-author, "Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions," Duane Morris Alert, March 26, 2020
- Co-author, "U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts," Duane Morris Alert, March 25, 2020
- Co-author, "Gov. Wolf Revises Pennsylvania Non-Life-Sustaining Business Shutdown Order with Waivers Allowed," Duane Morris Alert, March 23, 2020
- Co-author, "FTC Seeks to Block Jefferson's Pending Acquisition of Einstein Healthcare Network," Duane Morris Alert, March 3, 2020
- Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
- Contributing Editor, "Two Years after Reeder-Simco: Is the Robinson-Patman Act Alive and Well?," presented at ABA Section of Antitrust Law Annual Spring Meeting, March 2008
Selected Speaking Engagements
- Speaker and Co-author, "Lawyers Counseling Small Businesses," presented Pennsylvania Bar Institute, March 6, 2020
- Speaker, "HIPAA Compliance During Litigation and Discovery: Safeguarding PHI and Avoiding Violations When Responding to Subpoenas and Discovery Requests," Strafford Live CLE presentation, March 6, 2019
- Instructor and Speaker, "The Art of the Deposition: Taking, Defending and Preparing for Depositions," presented at the Pennsylvania Bar Institute, November 17 and 18, 2016
- Instructor and Speaker, "Deposition Boot Camp: The Art of Taking, Defending and Preparing for Depositions," presented at the University of Pennsylvania Law School, January 5-8, 2015
- Moderator and Speaker, "Diversity and Inclusion: A Look at Our Progress," hosted by Duane Morris LLP Philadelphia Inclusion Committee, November 2013
- Speaker and Co-author, "Attorney-Client Privilege – New Developments and Some Difficult Issues," Association of Corporate Counsel Delaware Valley Chapter, April 23, 2013
- Speaker and Co-author, "Attorney-Client Privilege – The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013