Seth A. Goldberg

Partner

  • Seth A. Goldberg
  • Phone: +1 215 979 1175
    Fax: +1 215 689 2198

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Seth A. Goldberg counsels clients in business and litigation, with a particular emphasis in highly-regulated industries such as cannabis (marijuana and hemp), pharmaceuticals and healthcare. He serves as a team lead for the Duane Morris Cannabis industry group, and has been recognized by various publications, including the prestigious Chambers and Partners, for his work in the cannabis space.

Companies, directors, and individuals involved in antitrust, commercial litigation, regulatory actions and securities matters rely on Mr. Goldberg's extensive experience with complex legal and business issues and his strategic decision-making to guide them toward optimal results.

As an active, seasoned trial lawyer, who regularly appears in federal and state courts, arbitral forums, and before federal and state regulatory agencies, including the SEC, FTC and state attorneys general, Mr. Goldberg has become a go-to lawyer in high-stakes cases and corporate investigations.

In addition, Mr. Goldberg's unique experience in highly-regulated markets, combined with his entrepreneurial interests, has led to his involvement with the emerging cannabis (marijuana and hemp) industry. In this market he advises core and ancillary cannabis companies, including growers, processors, dispensaries, infused-product manufacturers, real estate developers, universities and university research centers, raw materials companies, and investors in a wide array of regulatory and business matters pertaining to their legal marijuana activities.

Mr. Goldberg spearheaded the establishment of the firm’s Cannabis Industry Group from 2015-2018, and has been appointed as a team lead for the group in 2019. In April 2019, Mr. Goldberg was recognized by Chambers and Partners as being in the "Top-Tier Nationwide" among lawyers who practice in the cannabis space. In November 2018, Mr. Goldberg was named one of the 30 powerful cannabis attorneys to know in the cannabis industry by MG Magazine, and in October 2018, Mr. Goldberg was recognized as a Trailblazer in Cannabis Law by the National Law Journal.

Areas of Practice

  • Antitrust
  • Commercial and Complex Litigation/Class Actions
  • Regulatory/Administrative
  • Securities
  • Fiduciary Duties

  • Healthcare

Representative Matters

    Cannabis

  • Advising a manufacturer of chromatography equipment supplied to the Cannabis industry with respect to supply contracts and compliance with state and federal cannabis regulations.
  • Providing regulatory advice to one of the largest internet medical ad networks in connection with advertising cannabis-related businesses using its health market online advertising services.
  • Advising a company in the tobacco industry in connection with its expansion into the hemp-derived CBD vaping category.
  • Represent THC and CBD vaping and infused product manufacturer in first ever federal trademark infringement action involving federal trademark rights in smoking related products, including vaping devices and hemp oil.
  • Provide cannabis-related regulatory advice to a Fortune 500 natural gas company in connection with its evaluation of supplying natural gas and related products and equipment to cannabis cultivators and processors.
  • Provide cannabis-related regulatory advice to a venture capital fund in connection with its investments in California cannabis operations and real estate holdings pertaining to cannabis operations.
  • Provide cannabis-related banking and regulatory advice concerning payment systems for cannabis dispensary operations.
  • Represent THC and CBD infused product manufacturer in documenting a bridge loan for $2,000,000 in operating capital.
  • Represent THC and CBD infused product manufacturer in connection with corporate restructuring, with a particular emphasis on intellectual property assets and taxation.
  • Provide cannabis-related regulatory advice to a world-renowned neurosurgeon in connection with a clinical research program involving THC and CBD.
  • Represent a vertically-integrated operator with licenses in MA, MD, and NH in various aspects of its business, including general corporate, capital raising, and intellectual property.
  • Provide California focused employment-related advice to a Canadian cannabis fund with subsidiary entities, employees and contractors in California.
  • Representing a Canadian company in connection with its 20-F Registration filed with the SEC.
  • Advising one of the world’s leading hospitals in connection with their research into the therapeutic benefits of THC and CBD.
  • Representing a cannabis-related venture capital fund in the creation of the fund and capital formation activities, as well as advising on portfolio companies in ancillary cannabis businesses.
  • Advising universities interested in conducting cannabis-related research on the wide range of pertinent regulatory issues.
  • Representing an applicant for permits to grow, process and dispense medical marijuana pursuant to the clinical registrant provisions of Pennsylvania’s Medical Marijuana Act in connection with their applications.
  • Representing a THC and CBD infused products manufacturer in litigation asserting trademark infringement.
  • Representing an applicant for permits to grow, process and dispense medical marijuana pursuant to Pennsylvania’s Medical Marijuana Act in connection with their applications.
  • Routinely advises current and potential clients involved in a wide range of core and ancillary cannabis business activities on pertinent regulatory issues.

    • Antitrust

  • Represents generic pharmaceutical manufacturer in action brought by 40 state attorneys general alleging violations of antitrust and consumer protection laws in connection with the pricing of generic drugs.
  • Represented osteopaths in a class action alleging that the American Osteopathic Association's conditioning of board certification on the purchase of membership in the Association constituted unlawful tying in violation of antitrust laws. The class action was resolved with an injunction against the AOA preventing their illegal tie, which was found to violate the Sherman Antitrust Act, and future benefits for approximately 100,000 Osteopathic Physicians with a value of around $84 Million.
  • Obtained 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 court held Deborah failed to show any adverse effect on competition in the market.
  • 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.
  • Routinely advises clients in the healthcare and pharmaceutical markets on antitrust issues pertaining to commercial arrangements.

    • Commercial and Complex Litigation

  • Counsel to a statewide class of emergency room physicians in Tennessee asserting class action claims against a health insurance companies arising out of improper reimbursement for so-called “non-emergency” services.
  • Counsel to one of the world's largest private equity firms 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 one of the world's largest private equity firms and a venture capital firm in an action seeking $225 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 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 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 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.

    • Regulatory/Administrative

  • Representing Virtua Health Inc. and Capital Health System Inc. in a case against the state of New Jersey, seeking to hold unconstitutional as "special legislation" a law that transfers the right to provide emergency medical services from Virtua and Capital to other hospitals without regard to the established regulatory structure.
  • 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.

    • Securities

  • Obtained a "no-action" letter from the SEC on behalf of the Chairman and CEO of an industry-leading company following a multi-year investigation.
  • Counsel to an executive of a publicly traded company in an SEC investigation and dozens of class actions arising out of alleged disclosure violations concerning the executive's personal business arrangements with the company, the company's accounting for certain commercial transactions and the company's liquidity.
  • Counsel to an executive of a publicly traded company in class actions arising out of alleged disclosure violations concerning the executive's compensation, as well as other commercial transactions of his company.

    • Fiduciary Duties

  • Counsel to the board of a publicly traded company in a class action alleging fiduciary duty breaches arising out of a proposed $1.2 billion merger.
  • Counsel to the board of a publicly traded company in a class action alleging fiduciary duty breaches arising out of the company's equity compensation program.
  • Counsel to an executive of a publicly traded company in a class action alleging fiduciary duty breaches arising out of the company's issuance of dividends.

Admissions

  • Pennsylvania
  • New Jersey
  • Florida
  • District of Columbia
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Eastern District of Wisconsin

Education

  • Temple University Beasley School of Law, J.D., 1999

Experience

  • 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

Professional Activities

  • University of Pennsylvania Inn of Court
  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • New Jersey Bar Association
  • District of Columbia Bar Association
  • Florida Bar Association

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2019

  • Named to MG Retailer's list of 30 Powerful Cannabis Attorneys You Should Know, 2018

  • Named to National Law Journal's Cannabis Law Trailblazers List, 2018

  • 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

Selected Publications

Selected Speaking Engagements

  • Speaker, "Finding Regulatory Zen for Cannabis and Hemp Products After the 2018 Farm Bill," Food and Drug Law Institute, July 23, 2019

  • Presenter, "Cannabis 202: IP Issues Facing the Cannabis Industry," Duane Morris Cannabis Webinar Series, June 18, 2019

  • Presenter, "Legal and Policy Update," American Trade Association of Cannabis and Hemp's Lobby Day's Conference, May 8, 2019.

  • Presenter, "Cannabis 201: CBD and Hemp Regulatory Update," Duane Morris Cannabis Webinar Series, May 7, 2019

  • Interviewed on "Cannabusiness: The Marijuana Industry," Business Radio, Sirius XM, February 26, 2019

  • Speaker, "Industrial Hemp - How to Assure Opportunities for Small Farmers," Rural Coalition Winter Forum, Washington, D.C., December 14, 2018

  • Presenter, "Cannabis 109: Legal Cannabis and Insurance," The Duane Morris Cannabis Webinar Series, November 8, 2018

  • Speaker, "The Cannabis & Insurance Segment," American Insurance Association, Webinar, October 10, 2018

  • Moderator, “Cannabis 107: The U.S. and Canadian Cannabis Markets: 2018 Mid-Year Review,” Duane Morris Cannabis Webinar Series, July 24, 2018

  • Panelist, "The US Cannabis Market: New Promise, Persistent Constraints," CFN Insider, July 19, 2018

  • Speaker, "The Impact of Opioids and Medical Marijuana in Healthcare: How Are You Managing Those Risks," Philadelphia Area Society for HealthCare Risk Management - Annual Spring Conference, April 26, 2018

  • Panelist, "The Emerging AG Role in Cannabis Markets," Spring Policy Meeting of the Democratic Attorneys General Association, Santa Fe, March 15, 2018

  • Presenter, "Seeing Green? A look at Marijuana Law and Surety Bonds," NASBP Virtual Webinar, February 21, 2018

  • Speaker, "The Healing Power of Knowledge," Affinity Bio Partners and Affinity BioCeuticals, Philadelphia, PA, February 21, 2018

  • Presenter, "The Regulation of Medical Marijuana Under Federal and Pennsylvania Law," 24th Annual Health Law Institute, Philadelphia, March 13-14, 2018

  • Speaker, "Valuation Trends and Investment Opportunities in the Cannabis Industry," Expert Webcast, June 29, 2017
  • Presenter, "Complying With Federal and State Regulations," Clearing the Smoke: Legal Pathways to Success in the Cannabis Industry, June 19, 2017
  • Speaker, "Cannabis - Investing in One of the Fastest 'Growing' Life Sciences Segments," ACG Webinar, May 9, 2017