Seth A. Goldberg

Seth A. Goldberg is a partner in the firm’s Litigation practice who focuses on complex commercial litigation, including trials, arbitrations, and appeals. 

Litigation

Seth has extensive experience representing businesses, officers and directors, and individuals across a range of industries in litigation, including class actions and mass actions, involving complex commercial contracts and arrangements; antitrust and unfair competition; products liability and consumer fraud; fiduciary duties and corporate governance; tortious interference with contract; and non-compete violations. He regularly appears in federal and state courts, arbitrations and mediations, and he has been appointed to lead and liaison roles in class actions and multi-district litigation. He has appeared before the SEC, FDA, FTC, state Attorney General offices and state Departments of Health.

Clients benefit from Seth’s strategic advocacy, business acumen and proven ability to handle and resolve disputes efficiently.  Notable matters in which Seth has held a lead role include defending a hospital and health system in litigation brought by another hospital asserting tortious interference with contract and unfair competition; defending a pharmaceutical manufacturer, distributer, and retailer in product liability and consumer fraud class action and multi-district litigation arising out of alleged product mislabeling; defending a cannabis cultivator and product manufacturer in a class action asserting product mislabeling; defending a hospital and health system in an antitrust action asserting conspiracy and monopolization claims brought by another hospital; representing classes of health care providers in class actions involving insurance reimbursement; and representing a national class of osteopaths in a class action asserting antitrust violations.         

Seth is co-chair of the firm’s Cannabis & Hemp Law practice and is ranked in cannabis law nationally by Chambers and Partners USA.

The Chambers USA ranking list is published by Chambers and Partners. A description of the selection methodology can be found at https://chambers.com/about-us/methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Representative Matters

Our firm is proud of the results it has achieved for clients, some of which are noted here.  Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters. 

Certain of the matters below were handled by Seth prior to his joining Pashman Stein Walder Hayden P.C.:

Class Actions, Mass Actions, and Commercial Litigation

• Represented a radiology practice group in an arbitration involving a claim for breach of contract, obtaining summary judgment and an award of attorneys’ fees on the client’s behalf.
• Represented a health system of four hospitals in southern New Jersey against a specialty hospital in commercial litigation in New Jersey state court whereby the specialty hospital claimed that health system’s acquisition of a hospital in 2019 caused the acquired hospital to breach a restrictive covenant in a contract with the specialty hospital, and resulted in the health system inducing the alleged breach and competing unfairly with the plaintiff. This matter was resolved by mutual agreement of the parties and dismissed in its entirety with prejudice.
• Represents a cannabis cultivator, product manufacturer, and retailer in a class action lawsuit asserting claims for consumer fraud, false advertising, and unfair competition arising out of allegations of mislabeling cannabis products with regard to THC potency.
• Appointed by the Court as “Defense Liaison Counsel” and to the “Defendants’ Executive Committee” in MDL No. 2875, In Re: Valsartan, Losartan, and Irbesartan Products Liability Litigation, and individually represented a generic active pharmaceutical ingredient manufacturer, finished dose manufacturer, distributor, and retailers in the more than 1000 products liability and 18 consumer class fraud class actions that alleged bodily injury and economic loss claims arising out of an alleged nitrosamine "contaminant" in valsartan.
• 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.
• 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. All claims were dismissed and the SEC issued a "no-action" letter following a multi-year investigation.
• Represented one of the world’s largest REITs in class actions asserting claims for breach of fiduciary duty and securities law violations, arising out of a proposed $3 billion merger.
• 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 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.
• Represented a health system of four hospitals in southern New Jersey against a specialty hospital in a state court litigation spanning more than ten years where the specialty hospital asserted unfair competition and civil conspiracy against the health system.
• Represented a manufacturer of isotretinoin, the generic form of the acne medicine Accutane, in a mass products liability action asserting the client’s drug caused inflammatory bowel disease.
• Counsel to a statewide class of emergency room physicians in Illinois asserting class action claims in an arbitration 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 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.
• Obtained summary judgment on a health system of four hospitals in southern New Jersey against a specialty hospital in southern New Jersey, in federal antitrust litigation in which the court held the specialty hospital 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.
• 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.
• Representing two health systems 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 the health systems to other hospitals without regard to the established regulatory structure.
• Counsel to a healthcare association in 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.

Cannabis

• Represented the American Trade Association for Cannabis and Hemp as amicus curiae in appeals in the Eighth Circuit Court of Appeals and the Fourth Circuit Court of Appeals in matters involving the constitutionality of state restrictions on the use of intoxicating hemp cannabinoids in products for human consumption.
• Advising California-licensed cannabis testing lab with regard to changing testing regulations, and comments thereto, with a specific focus on THC potency and contaminants.
• Represented a management company and investor in a contract dispute with a Massachusetts-licensed operator over reimbursement for services provided by the management company and the payment of fees owed to the management company.
• Represented a coalition representing approximately 85% of the cannabis operators licensed in Pennsylvania, in engaging with the PA Department of Health on behalf of PCC in connection with DOH’s investigation into vape additives and ingredients, and its market-wide recall of thousands of vape pens; also authored an amicus brief on behalf of PCC and its members in litigation brought by a few operators against DOH to successfully stop the recall. 
• Represented a college in connection with the development of its’s bachelor program entitled “The Corporatization of Cannabis,” advising the college on the regulatory issues related to offering a degree in the business of cannabis, and how its students can participate in internships with cannabis operators, given the federally unlawful nature of cannabis.
• Advised an industry-leading environmental consulting company with offices throughout the US and worldwide that services traditional industries in its expansion of offering environmental consulting services to US cannabis operators.
• Advised an industry-leading packaging company that services traditional industries with annual global revenues exceeding $2 billion in its expansion of offering packaging materials to the cannabis industry.
• Advised a healthcare data and analytics company in connection with its acquisition of a cannabis seed-to-sale tracking company that contracts to provide services to more than a dozen states and foreign governments, with a specific focus on the client’s listing on Nasdaq.
• Cannabis regulatory counsel for a publicly traded global cannabis company in connection with its U.S. cannabis business interests, including regulatory matters pertaining to a $300 million acquisition of a hemp-derived CBD product manufacturer and the distribution of hemp-derived CBD topicals and vapors in all 50 U.S. states.
• Cannabis regulatory counsel for a private credit asset management firm in connection with a $50 million secured financing to a premier producer of packaging and other ancillary products and services to the cannabis and hemp industries.
• Cannabis regulatory counsel to a publicly traded manufacturer of industrial pump equipment supplied to the U.S. cannabis industry in connection with its supply contracts and compliance with state and federal cannabis regulations.
• Cannabis regulatory counsel for a manufacturer of hemp-derived CBD products in connection with the distribution of its hemp-derived CBD topicals and vapors in convenience store chains in more than two-dozen U.S. states.
• Cannabis regulatory counsel for French manufacturer of chromatography equipment supplied to the U.S. cannabis industry with respect to supply contracts and compliance with state and federal cannabis regulations.
• Cannabis regulatory counsel for one of the largest internet medical ad networks in connection with advertising cannabis-related businesses using its health market online advertising services.
• Represent the Defendants-THC and CBD vaping and infused product manufacturers-in the first ever federal trademark infringement action involving federal trademark rights to use the WOODSTOCK trademark on smoking-related products, including vapor. See Woodstock Ventures LC, et al. v. Woodstock Products Co. International, Inc., et al., SDNY 1:18-cv-01840-RWS
• Cannabis regulatory counsel for 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.
• Cannabis regulatory counsel for a venture capital fund in connection with its investments in California and Massachusetts 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.
• Cannabis regulatory counsel for 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.
• Cannabis regulatory counsel for 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.
• Cannabis regulatory counsel to 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.

Honors & Recognitions

• Listed in Chambers USA: America's Leading Lawyers for Business, Cannabis 2018-2024
• Named a "Law Firm Innovator" by The Legal Intelligencer’s Professional Excellence Awards 2021
• Listed in Pennsylvania Trailblazers by The Legal Intelligencer, 2019
• Named to National Law Journal's Cannabis Law Trailblazers List, 2018

The Chambers USA ranking list is published by Chambers & Partners. A description of the selection methodology can be found at https://chambers.com/about-us/methodology.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Community & Professional

• 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
• American Trade Association for Cannabis and Hemp (ATACH)
• 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

Seth has built an extensive cannabis and hemp practice. He has been recognized as an innovator in cannabis law, having spearheaded the establishment of the cannabis practice at his prior Am Law 100 firm in 2015. Seth represents clients with cannabis- and hemp-related interests in business disputes and litigation, regulatory matters and actions, and mergers and acquisitions. He possesses a deep working knowledge of the complex and unique federal and state laws and regulations, including the Controlled Substances Act (CSA), anti-money laundering laws (AML), and 2018 Farm Bill, that impact businesses and individuals with cannabis-related interests. His experience in this regard includes:

• Representing cannabis companies in product-related litigation and business advice, including matters involving claims of product mislabeling.
• Providing regulatory advice to cannabis growers, processors, dispensaries, and testing laboratories with respect to compliance with state adult-use and medical marijuana laws and regulations.
• Providing regulatory advice in cannabis-related mergers and acquisitions to ensure such transactions are structured to comply with state adult-use and medical marijuana laws and regulations.
• Providing regulatory advice to ancillary non-cannabis companies in various industries, including consumer packaged goods, banks and financial services, advertising, raw materials, industrial agriculture and equipment, and packaging, regarding entering the cannabis space and providing services to cannabis companies under the U.S. federal and state cannabis regulatory regime, with a particular emphasis on the CSA and AML
• Representing clients in cannabis-related state agency investigations and actions regarding alleged violations of state cannabis laws and regulations.
• Advising cannabis and hemp clients with respect to supply chain arrangements to ensure production and distribution requirements comply with federal and state laws and regulations.
• Providing regulatory advice to hemp-derived CBD product manufacturers with respect to the compliance with state-by-state hemp laws and regulations that would impact the nationwide distribution and retail sale of CBD-containing consumer products.
• Conducting due diligence of cannabis merger and acquisition targets with respect to their cannabis operations and historical compliance with state cannabis laws and regulations.
• Advising as to the structure of new cannabis ventures, and assisting with developing the content for their cannabis permit applications.

In addition, Seth is an industry thought leader, frequently writing and speaking on cannabis-related issues. He has been actively involved in the American Trade Association for Cannabis and Hemp (“ATACH”) and routinely collaborates with ATACH and industry stakeholders on issues of high importance to the cannabis industry.  He participates in ATACH’s Capital Markets Council, Cannabis Beverages Council and CBD Task Force.

Seth is ranked in cannabis law nationally by Chambers and Partners USA.

The Chambers USA ranking list is published by Chambers and Partners. A description of the selection methodology can be found at https://chambers.com/about-us/methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.