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Seth A. Katz

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Seth Katz - Best Lawyers 2017 Seth Katz - Legal 500 Recommended Attorney Seth Katz - Super Lawyers Martindale Hubbell AV Professional Excellence

Seth A. Katz joined Burg Simpson in September 2005 after six years with the New York law firm of Seeger Weiss LLP, where he was a partner. Mr. Katz focuses his practice primarily in the areas of complex, pharmaceutical mass tort, and class action litigation including consumer protection, securities fraud, products liability, and commercial litigation. In addition to his varied professional experience, Mr. Katz is a frequent speaker on electronic discovery and pharmaceutical litigation. Additionally, Mr. Katz has spoken on New York state franchise law and class action litigation at the invitation of the Greater New York Automobile Dealers Association. Mr. Katz has been recognized by the Legal 500 as “highly experienced, excellent… in all phases of the mass tort and class action practice areas.”

Mr. Katz’s current practice involves primarily complex and class action litigation on behalf of aggrieved consumers, corporate shareholders, and property owners, and pharmaceutical mass tort litigation on behalf of those injured as a result of their ingestion of prescription medications and the implantation of medical devices.

Mr. Katz was one of the lead attorneys who prosecuted the In re Zyprexa Products Liability Litigation (MDL No. 1956) that resulted in a $700 million settlement, where he not only held a leadership role in conducting discovery, but he also served as chair of the law and briefing committee. In September 2012, Mr. Katz was appointed by the Hon. David R. Herndon, United States District Court Chief Judge for the Southern District of Illinois, to serve as Co-Lead counsel in the Multidistrict Litigation In Re: Pradaxa (Dabigatran Etexilate) Products Liability Litigation, (MDL 2385). The Pradaxa MDL resulted in a $650 million settlement with the manufacturer of the drug, Boehringer Ingelheim.

Most recently, in August 2014, Mr. Katz was appointed to the Executive Committee of the Plaintiffs’ Steering Committee in the In Re Testosterone Replacement Therapy Multidistrict Litigation MDL No. 2545 by the Hon. Matthew F. Kennelly in the Northern District of Illinois.

In January 2011, Mr. Katz was appointed to the Plaintiffs’ Steering Committee in the DePuy ASR® Hip Implant Products Liability Litigation (MDL 2197) by the Honorable David A. Katz, which is pending in the Northern District of Ohio. Mr. Katz was also appointed to the Plaintiffs’ Steering Committee by Justice Helen Freedman for the ReNu with MoistureLoc® litigation pending in New York State Supreme Court. Mr. Katz was also one of the lead attorneys prosecuting theIn re Ortho Evra® Products Liability Litigation (MDL 1742) on behalf of women who suffered serious adverse events as a result of the use of the patch, where he held a leadership role in conducting discovery. At the 2006 AAJ Annual Convention in Seattle, Mr. Katz was elected as Co-Chair of the Ortho Evra® AAJ Litigation Group.

Mr. Katz is currently the chair of the Discovery Committee in the YAZ®/Yasmin® (Drospirenone) Marketing, Sales Practices, and Products Liability Litigation (MDL 2100) pending in the Southern District of Illinois, before the Honorable David R. Herndon. In recognition of his leadership in the Yaz MDL, Mr. Katz was appointed by Judge Herndon to be one of the attorneys who negotiated a global settlement of arterial-injury claims, resulting in a $56.9 million settlement with Bayer, the manufacturer of the drug, in August of 2015. Mr. Katz also served as one of the Co-Chairs of the Discovery Committee in the In re: Gadolinium Based Contrast Agent MDL (MDL 1909) before the Hon. Dan A. Polster in the Northern District of Ohio.

While Mr. Katz was at Seeger Weiss, he served as co-chair of the law and briefing committee in the In re Neurontin Marketing and Sales Practices Litigation (MDL No. 1629), pending before the Hon. Patti Saris, in the District of Massachusetts. Additionally, Mr. Katz represents or has represented those injured by Testosterone Replacement Therapy, Pradaxa®, DePuy ASR® and Pinnacle® hip systems, Wright Conserve® hip systems, Gadolinium Based Contrast Agents, YAZ®/Yasmin®/Ocella® birth control pill, Zimmer Durom Cup artificial hip, Vioxx®, Zyprexa®, the Ortho Evra® birth control patch, Bausch & Lomb’s ReNu with MoistureLoc® contact lens solution, AMO’s Complete MoisturePLUS® contact lens solution, Zicam® nasal gel, Bextra®, Celebrex, Propulsid®, Rezulin, Baycol®, PPA, ephedra, Trileptal® and Guidant and Medtronic defibrillators, as well as other drugs and devices.

Mr. Katz is currently representing clients in a nationwide class action pending in Colorado against Western Union stemming from Western Union’s practice as it relates to unclaimed funds and failing to provide notice to customers that the funds they wired could not be delivered and failing to adequately return the funds to the sender in a timely fashion. The settlement of this class action is currently on appeal at the 10th Circuit Court of Appeals.

During his time at Seeger Weiss, Mr. Katz and Seeger Weiss also served as lead counsel in Manavazian v. ATEC Group, Inc., a securities fraud class action, which resulted in a significant settlement for the class, as well as serving as counsel in several other consumer fraud cases against some of the nation’s largest companies such as Apple, IBM, Firestone Tires, Progressive Insurance Company, Allstate, State Farm, and Panasonic. In 2004, Mr. Katz was one of the lawyers who tried a class action to jury verdict against Allstate Insurance Company due to its failure to fully compensate its policyholders in accordance with the terms of its policy in St. Clair County, Illinois (Sims v. Allstate, 99-1-393-A). Other class actions in which Mr. Katz was involved include a case against Fiserv, Inc. (Cohen v. Fiserv, District of Colorado, 09-CV-00752) for breach of fiduciary duty relating to its investment of customers’ money in the Madoff ponzi scheme and a medical monitoring class action on behalf of people who have had a DePuy ASR® artificial hip implanted and are now at risk for metallosis or other systemic diseases stemming from metal ions from the device getting into their blood and tissue (Bendel v. DePuy Orthopaedics, Inc., Southern District of Ohio, 1:10-cv-664).

Mr. Katz was the inaugural President of The Mass Tort Trial Lawyers Association, until January 2013, when his two-year term expired. The Mass Tort Trial Lawyers Association (MTTLA) is made up of attorneys who are dedicated to obtaining fair compensation for clients who have been injured by defective products, dangerous pharmaceuticals, or other conduct causing large-scale injuries. The MTTLA’s goal is to enable members to draw upon the association’s strong training, educational and networking resources so they may derive benefits that were either unavailable or difficult to find on their own. Additionally, Mr. Katz is on the Board of the National Trial Lawyers Association, and he serves on the Executive Committee of the Board of Directors of Make-A-Wish Colorado.

After graduating from law school in 1993, Mr. Katz served as an Assistant District Attorney in New York City. During his time as an Assistant District Attorney, Mr. Katz handled thousands of cases and successfully prosecuted both felonies and misdemeanors through jury verdict. Mr. Katz successfully tried cases ranging from DWI prosecutions to narcotics cases and assisted in the prosecution of homicide trials, including one against two members of the Latin Kings, one of New York City’s most violent gangs. In addition to trying cases, Mr. Katz conducted homicide investigations on behalf of the District Attorney’s Office leading to the arrest and conviction of some of New York City’s most serious criminals. In addition to his duties as a trial lawyer, Mr. Katz also volunteered to handle appellate matters for the District Attorney’s Office’s Appeals Division.

Prior to joining Seeger Weiss, Mr. Katz was an Associate at Loeb & Loeb LLP in New York City. There he represented clients ranging from Fortune 500 companies and banking institutions to individuals in a wide variety of complex litigation and pre-litigation matters. Mr. Katz was part of a small group of lawyers that often performed internal investigations in order to design or modify corporate compliance policies on behalf of Loeb & Loeb’s clients. Mr. Katz was also part of Loeb & Loeb’s white collar criminal practice where he represented clients in a variety of different securities fraud and money laundering matters. He represented a Fortune 500 company in a governmental investigation of the allegedly illegal transfer of missile technology to China.

Some of Mr. Katz’s representative cases include: Dacey v. Morgan Stanley Dean Witter & Co., 263 F.Supp.2d 706 (S.D.N.Y. 2003); Lester v. Percudani, 2003 WL 22132790 (Sept. 15, 2003 M.D. Pa.); Namer v. America Networks Int’l, 2001 WL 30663 (Jan. 12, 2001 S.D.N.Y.); Funrise Canada (HK) Ltd v. Zauder Bros., Inc., 1999 WL 1021810 (July 2, 1999 E.D.N.Y.);Manavazian v. ATEC Group, Inc., 2001 WL 951779 (Aug. 23, 2001 E.D.N.Y.); In re Starlink Corn Products Liability Litigation, 211 F.Supp.2d 1060 (N.D. Ill. 2002); In re Starlink Corn Products Liability Litigation, 212 F.Supp.2d 828 (N.D. Ill. 2002).

Mr. Katz was born in New York, New York. He obtained a Bachelor of Arts, with distinction, from the University of Michigan in 1990 and earned his law degree, cum laude, from Boston University School of Law in 1993.

Mr. Katz is admitted to practice law in state courts in Colorado, Wyoming, New York, and Arizona, as well as the United States District Courts for the Southern, Eastern and Northern Districts of New York, the United States District Court for the District of Colorado, the United States District Court for the District of Wyoming, the 10th Circuit Court of Appeals, and the United States Supreme Court. Mr. Katz is Preeminent AV rated by his peers in Martindale-Hubbell and he has been recognized as a 2007 Who’s Who of Emerging Leaders.

AV Preeminent® Rating, Martindale-Hubbell

Barrister’s Best People’s Choice, Best Class Action/Mass Tort Plaintiff Lawyer, 2013 & 2016 Law Week Colorado

Selected to Colorado Super Lawyers®, 2012 - 2016

Selected to Best Lawyers® in America, 2016 - 2017

Top 100 Attorney, The National Trial Lawyers

Recommended Attorney, Mass Tort Litigation - Plaintiffs, the U.S. Legal 500, 2012, 2013 and 2014

Paul J. Liacos Scholar

Edward Hennessy Scholar

Assistant District Attorney, Bronx County

Co-chair, Ortho Evra AAJ Litigation Group

Marquis Who’s Who of Emerging Leaders 2007

New York, 1994

Colorado, 2006

Wyoming, 2006

Arizona, 2014

U.S. District Court, Southern District of New York, 1997

U.S. District Court, Eastern District of New York, 1997

U.S. District Court, District of Colorado, 2005

U.S. District Court, Wyoming, 2007

U.S. District Court, Western District of New York, 2008

U.S. District Court, District of Arizona, 2014

U.S. Court of Appeals, 10th Circuit, 2009

U.S. Supreme Court, 2006

Co-Lead Counsel for the Pradaxa® MDL litigation

Executive Committee for the Testosterone Replacement Therapy Multidistrict Litigation

Plaintiffs’ Steering Committee for the DePuy ASR® Hip Replacement MDL litigation

Plaintiffs’ Steering Committee for the ReNu with MoistureLoc® New York State Supreme Court Consolidated Litigation

Chair of the Discovery Committee for the Yasmin®/Yaz® Birth Control MDL litigation

Co-Chair of the Discovery Committee for the Gadolinium-Based Contrast Agents MDL litigation

Chair of the Ortho Evra® Birth Control Patch MDL Discovery Committee

Chair of the Discovery Committee for the Zyprexa® MDL litigation

J.D., 1993, Boston University School of Law, cum laude

B.A., 1990, University of Michigan, Ann Arbor, with distinction/class honors

The National Trial Lawyers

Mass Tort Trial Lawyers Association, President, through January 2013

American Association for Justice

Colorado Bar Association

Colorado Trial Lawyers Association (CTLA)

Arapahoe County Bar Association

Privilege Solved, Georgetown E-Discovery Seminar, November 20, 2015 - Washington, D.C.

Mass Torts 101, The Indiana Trial Lawyers Association, November 5, 2015 - Indianapolis, Indiana.

Testosterone Update, Mass Torts Made Perfect, October 16, 2015 - Las Vegas, Nevada.

So They Destroyed the Evidence, How to Deal With Spoilation, AAJ Montreal, July 13, 2015 - Montreal, Quebec, Canada.

Caught Red Handed – Effective Discovery Tactics in Mass Torts, AAJ Montreal, July 13, 2015 - Montreal, Quebec, Canada.

Mass Torts & Class Actions 101, Arapahoe County Bar Association, May 15, 2015 - Vancouver, British Columbia, Canada.

Xarelto Liability Issues, Harris Martin Seminar, March 25, 2015 – San Diego, California.

Testosterone Replacement Therapy: Debunking the Fountain of Youth, Mass Torts Made Perfect, October 9, 2014 - Las Vegas, Nevada.

The United States Supreme Court vs. Class Actions in 2013: Plaintiff, Defense, and Bench Perspectives on What to Expect in the Wake of Comcast, Standard Fire, and Amgen, Colorado Bar Association Seminar, May 10, 2013 - Denver, Colorado.

Use of Technology in Depositions, Florida Workhorse Seminar, February 20, 2013 - Orlando, Florida.

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Second Jobs – Denver Work Comp Lawyers - Burg Simpson

 June 21, 2017

Does a Second Job Threaten Your Workers’ Comp Claim?

Colorado’s one of the more fortunate states in the country right now. While the national unemployment rate hovers around 4.3 percent, the Centennial State boasts a rate of nearly half that at 2.3 percent. Not only is it the lowest unemployment rate in the nation, it’s so low that the state’s jobless rate has only… Read more »

Jeremy Bitner Memorial Run- Burg Simpson

 June 19, 2017

Runners, Walkers Race to Honor Jeremy Bitner

Clouds may have threatened Colorado skies early Saturday morning, but that didn’t stop hundreds of runners, walkers, and children from showing up at Englewood’s Cornerstone Park for the 2017 Jeremy Bitner Memorial 5K/10K Run & 5K Walk. The fifth annual race honored the late Englewood Police Detective Jeremy Bitner, who died in the line of… Read more »

Texting and Driving – Colorado Personal Injury Attorneys – Burg Simpson

 June 16, 2017

Colorado Cracks Down on Texting and Driving

In late-February of last year, 28-year-old Athina Munoz barreled south down a rural Colorado highway when she realized she had an urgent text message to send. She swerved into oncoming traffic as she did so, killing an older couple on a motorcycle instantly. Munoz also tested three times the limit for alcohol, which helped earn… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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