Sean Zabaneh is a solutions-focused commercial trial attorney, representing a diverse group of clients in highly regulated industries with particular focus in the health and life sciences industries. He is a member of the Commercial, Securities and Antitrust Litigation Section of the firm's Trial Practice Group and the Health and Life Sciences industry groups. He is also a member of the firm’s COVID-19 Strategy Team.
Mr. Zabaneh represents clients in high-stakes antitrust and competition, corporate governance, and breach of contract 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 is the firm’s Hiring Partner, Chair of the Recruitment and Retention Committee, and a member of the Diversity and Inclusion Committee and DM Pride, the Firm’s LGBTQ affinity group. He has 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
- Antitrust and Competition Litigation
- Mergers and Acquisitions
- Corporate Governance Litigation
Class Action Litigation
- Representing 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.
- Defending 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 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.
- Defending 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.
- 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.
- Obtained federal jury verdict clearing senior fund managers of Securities and Exchange Commission fraud charges arising out of a $62 billion money market fund.
- Obtained summary judgment in favor of director and shareholder on breach of fiduciary duty and fraud claims arising from down-round financing at startup technology company. Affirmed on appeal.
- Represented buyer of international technology company alleging fraud in connection with stock purchase agreement. Obtained settlement client found favorable.
- Represented international commercial and investment banks in multibillion-dollar fraud litigation involving allegations that banks assisted officers and directors in defrauding cable company and its shareholders. Obtained settlement client found favorable.
Life Sciences Litigation
Complex Commercial Litigation
- 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
- 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
- Distribution and Franchising Committee
- Philadelphia Bar Association
Honors and Awards
- 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, "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