Seth A. Goldberg counsels clients in business and litigation, with a particular emphasis in highly-regulated industries, such as healthcare, pharmaceuticals and cannabis/hemp.
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 and hemp industries. In these markets he advises core and ancillary cannabis and hemp companies, including growers, processors, dispensaries, and 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.
His leadership in the cannabis and hemp spaces has resulted in Mr. Goldberg's role as head of the firm's multidisciplinary cannabis practice, which is comprised of dozens of lawyers spanning the firm's numerous practice areas.
Areas of Practice
- Commercial and Complex Litigation/Class Actions
- Fiduciary Duties
- 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.
- Counsel to osteopaths in a class action alleging that the American Osteopathic Association's conditioning of board certification on the purchase of membership in the Association constitutes unlawful tying in violation of the antitrust laws.
- 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.
- 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.
- 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 against 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.
- 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.
- 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.
- 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.
Commercial and Complex Litigation
- New Jersey
- 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
- Temple University Beasley School of Law, J.D., 1999
- 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
- 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
- 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 Cannabis Industry Blog
- Contributor, Duane Morris Health Law Blog
Author, "Making Cannabis Banking Easier Is in the Public Interest," National Law Journal, June 6, 2018
Author, "Cannabis Banking is a Matter of Public Safety," The Legal Intelligencer, May 22, 2018
Quoted, "Marijuana Insurers in Holding Pattern After Sessions Memo," Business Insurance, April 17, 2018
Interviewed in "Interview with Seth Goldberg: Is NJ About To Fire Up The East Coast Regulation Rush? And Hemp vs Cannabis," Cannabis Law Report, March 2018
Quoted, "Medical Marijuana Business Banking Remains Difficult," New York Law Journal, March 14, 2018
Quoted in “How Legal Marijuana in New Jersey Will Disrupt Pennsylvania's Medical Program: A Q&A with Duane Morris Lawyers,” The Philadelphia Inquirer, November 17, 2017
Co-author, "FDA Warns Cannabidiol-Infused Products Manufacturers Over Health Claims," Duane Morris Alert, November 14, 2017
- Quoted in "Insurers Leery of a Growth Market," Business Insurance, October 2, 2017
- Quoted in "Lateral Surge On The Horizon As BigLaw Gets Into Pot," Law360, August 17, 2017
- Quoted in "Duane Morris Tackling the New Global Cannabis Industry," Cannabis Law Report, May 17, 2017
Co-author, "Affidavit: Healthcare and the Law - Pennsylvania Medical Marijuana Act: Key Components and Potential Risks," The Wharton Healthcare Quarterly, Fall 2016
- Co-author, "Third Circuit's Reasoning on Hershey-PinnacleHealth Merger," The Legal Intelligencer, October 13, 2016
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
Selected Speaking Engagements
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