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Seth A. Katz

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Seth Katz - Best Lawyers 2016 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.

Civil Litigation

Class Action and Multidistrict Litigation

Commercial Litigation

Complex Litigation

Consumer Litigation

Securities

AV Preeminent® Rating, Martindale-Hubbell

Barrister’s Best People’s Choice, Best Class Action/Mass Tort Plaintiff Lawyer, 2013 -

Selected to Colorado Super Lawyers®, 2012 - 2016

Selected to Best Lawyers® in America, 2016

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.

Burg Simpson Attorneys to Participate in University of Wyoming Summer Trial Institute

 July 15, 2016

Burg Simpson Attorneys to Participate in University of Wyoming Summer Trial Institute

Nearly 50 volunteer attorneys and judges will again provide intensive instruction to third-year University of Wyoming College of Law students during the 2016 Summer Trial Institute course at UW in August. This practical “hands on” course teaches students essential trial skills and strategies, with these future litigators receiving direct feedback from seasoned lawyers, judges, faculty and peers. Participation in a mock jury trial in front of… Read more »

Mike Burg’s “Trial by Fire” Now Available

 July 7, 2016

Mike Burg’s “Trial by Fire” Now Available

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that its founding member, Michael “Mike” Burg, has released his book, Trial by Fire: One Man’s Battle to End Corporate Greed and Save Lives. The book demonstrates Mike’s unwavering personal commitment to stand up for the weary, weak, and the downtrodden… Read more »

Graham D. Hersh Selected as Member of Operation TBI Freedom Advisory Committee

 July 1, 2016

Graham D. Hersh Selected as Member of Operation TBI Freedom Advisory Committee

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that attorney Graham D. Hersh has been selected as a member of the Operation TBI Freedom Advisory Committee. Operation TBI Freedom has proudly assisted military service members and veterans with traumatic brain injury who have served on or after September 11,… Read more »

Jacob M. Burg Accepted as Member of Colorado Bar Association Fee Arbitration Committee

 June 29, 2016

Jacob M. Burg Accepted as Member of Colorado Bar Association Fee Arbitration Committee

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is proud to announce that attorney Jacob M. Burg has been accepted as a member of the Colorado Bar Association Fee Arbitration Committee. This committee provides free service to lawyers and clients in disputes over fees. Committee members serve as arbitrators with the goal of… Read more »

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

 July 8, 2016

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

When you buy or build a home you don’t expect your windows to be defective. Thousands of homeowners nationwide, however, may have defective aluminum-clad windows installed in their homes. Unfortunately, many of these homeowners are in the dark about the cause of their problem until after spending thousands of dollars replacing windows they shouldn’t have… Read more »

Steps You Should Take After an Auto Accident

 May 10, 2016

Steps You Should Take After an Auto Accident

Auto accidents happen every day on Colorado roads. These car crashes range from minor fender benders to deadly collisions. If you’ve ever been in a car accident then you likely know how confusing it can be to know what to do next. This post will provide you with guidance to help you handle those critical… Read more »

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

 April 29, 2016

Burg Simpson Attorney Scott Sullan Discusses Colorado Springs Landslides

The recent Colorado Springs landslides have prompted questions and concerns from local homeowners. The Gazette is publishing a special report about the landslide hazards in Colorado Springs and what, if anything is being done about them. As part of this special report, The Gazette recently interviewed Burg Simpson construction defects attorney Scott Sullan about important… Read more »

business-law-contract-2

 April 27, 2016

NFL v. NFLPA and Brady – Beware the Downside of a Broad Arbitration Clause Before You Agree

A three judge panel of the Second Circuit Court of Appeals issued its opinion re-instating the NFL commissioner’s four game suspension of Tom Brady for his role in “deflate-gate”, the NFL sideshow over whether Tom Brady was complicit in intentionally deflating footballs during a playoff game to gain an unfair competitive advantage over the opponent…. 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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