Seth A. Goldberg represents clients in litigation and counseling involving antitrust and competition, complex regulatory systems, director and officer fiduciary duties, securities law violations and commercial disputes. His practice spans a range of industries, with a particular emphasis on the healthcare, life sciences and pharmaceutical sectors.

Mr. Goldberg is an active trial lawyer who has obtained successful results in federal and state courts and arbitral forums throughout the United States, as well as in regulatory/governmental matters, including investigations by the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission, and the New York Attorney General.  

Healthcare: Mr. Goldberg represents health systems, hospitals, and other providers in antitrust litigation and counsels them on the intricacies of healthcare antitrust regulation, litigates disputes with federal and state government agencies and insurance carriers concerning reimbursement for health services, and advises clients with respect to healthcare fraud and abuse, including representing them in investigations and litigation concerning fraud and abuse. Recent highlights of his healthcare experience include:

  • Representing all recent members of the American Osteopathic Association in a putative class action asserting the AOA has violated federal and state antitrust laws by forcing AOA board certified osteopaths to purchase membership in the AOA annually in order to avoid the deactivation of their AOA board certification.
  • Representing Virtua Health, Inc., a health system of three 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 Third Circuit Court of Appeals, in August 2016, affirmed a trial court's summary judgment ruling in Virtua’s favor that Deborah failed to show any adverse effect on competition in the market.
  • Representing individual providers, provider groups, and proposed classes of emergency room physicians and clinical pathologists in actions against affiliates of Blue Cross Blue Shield, UnitedHealthcare, CIGNA, and other carriers, in actions arising out of the carriers’ improper reimbursement of those providers.
  • Representing healthsystems, hospitals and providers in administrative actions and appeals pertaining to various aspects of healthcare regulation.

Life Sciences: Mr. Goldberg represents directors and officers in disputes arising out of mergers and acquisitions, including allegations of common law and securities fraud, and other commercial arrangements, conducts internal affairs investigations with respect to allegations of fraud and wrongdoing, and is the head of the firm’s practice in the highly-regulated and complex recreational and medical cannabis sectors. Recent highlights of his Life Sciences experience include:

  • Representing Warburg Pincus in separate actions asserting breach of contract, breach of fiduciary duty, and fraud concerning the development of different innovative medical devices in which Warburg Pincus had invested.
  • Conducting internal affairs investigations and providing related advice regarding allegations of fraudulent marketing and compensation programs.
  • Preparing applications for clients to grow/process and dispense medical marijuana pursuant to the Pennsylvania Medical Marijuana Act, and advising various clients in the legal cannabis sector regarding business decisions and highly complex federal and state regulations.

Pharmaceutical: Mr. Goldberg advises pharmaceutical companies in matters involving antitrust regulation and litigation, contract disputes arising out of mergers and acquisitions and other commercial arrangements, and in internal affairs investigations pertaining to allegations of fraud and other wrongdoing. Recent highlights of his pharmaceutical experience include:

  • Representing generic pharmaceutical manufacturer Aurobindo Pharma USA, Inc., in separate actions filed in various states alleging price-fixing in violation of federal antitrust laws and state consumer fraud statutes.
  • Providing antitrust compliance counseling to a generic pharmaceutical manufacturer, and representing the same client in commercial negotiations raising antitrust issues.

In connection with his trial practice, Mr. Goldberg has taught a course at Villanova Law School titled Complex Litigation Theory and Practice. He is also a member of the firm's Diversity and Inclusion Committee, a mentor for the Leadership Council on Legal Diversity, and a mentor and mock trial coach for students at the Girard College High School.

Mr. Goldberg is admitted to practice in Pennsylvania, New Jersey, the District of Columbia and Florida.

Areas of Practice

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

Representative Matters

    Antitrust

  • 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 large New Jersey health system in an action alleging antitrust claims brought by a New Jersey hospital arising out of patient referral arrangements.
  • Counsel to a publicly traded cigarette manufacturer in a class action alleging antitrust claims brought by a national class of tobacco growers arising out of tobacco auctioning and bidding.
  • 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.
  • Counsel to a publicly traded cigarette manufacturer in action alleging antitrust claims brought by other cigarette manufacturers arising out of a national retail merchandising program.

    • 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 national banking association in more than a dozen different actions asserting breach of contract and fraud arising out of banking practices; obtained dismissals or negotiated settlements in all of the matters, limiting potential exposure of more than $10 million to less than $75,000 in actual settlement payments, with no verdicts against the client.
  • Counsel to an entrepreneur in an action asserting fraud claims in Cyprus arising out of a merger agreement.
  • Counsel to a condominium association in an action seeking $26 million in damages arising out of the breach of a property insurance agreement for damages resulting from a hurricane.
  • Counsel to a publicly traded medical device manufacturer in an action asserting claims for breach of contract and fraud arising out of a mobile services agreement.
  • Counsel to a property management company in three separate actions for breach of contract arising out of the wrongful termination of five sub-property management agreements.
  • Counsel to a leading investment banking firm in an action seeking $30 million for breach of contract and misrepresentation arising out of an asset-based lending agreement.
  • 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.

    • 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 a national restaurant chain in a Federal Trade Commission enforcement action arising out of allegedly fraudulent gift-card practices.
  • Counsel to the Office of Federal Housing and Executive Oversight's investigation into the allegedly fraudulent accounting practices of Fannie Mae.
  • 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.
  • Counsel to a publicly traded company in class actions alleging disclosure violations arising out of a tender offer and merger pursuant to which the client was acquired by another publicly traded medical device company.
  • Counsel to a publicly traded company in a class action alleging disclosure violations arising out of a tender offer and going private transaction.

    • 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.
  • Counsel to an executive of a publicly traded company in class actions alleging fiduciary duty breaches arising out of the company's policy concerning airplane usage benefits.
  • Counsel to an executive of a publicly traded company in an internal affairs investigation and New York Attorney General investigation arising out of alleged conflicts of interest and fiduciary duty breaches concerning an alleged intersection between the executive's personal business transactions and the company's business.
  • Counsel to an executive of a publicly traded company in class actions alleging fiduciary duty breaches arising out of the executive's compensation and benefits.
  • Counsel to a publicly traded company in class actions alleging fiduciary duty breaches arising out of a tender offer and merger pursuant to which the client was acquired by another publicly traded medical device company.
  • Counsel to a publicly traded company in class actions alleging fiduciary duty breaches arising out of a tender offer and going private transaction.

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

  • 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, "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