Daniel S. Wittenberg

Dan is a partner within the firm’s Litigation, Investigations, and Trials Group where he has represented a variety of businesses’ interests in matters throughout the Western United States.

Commercial Matters

• Represented a leading medical device manufacturer in contract and leasing litigation as well as permitting matters
• Represent a provider of web-based customer acquisition services in consumer class action litigation
• Defended a publicly traded supplier of oxygen, respiratory, and home infusion products in breach of contract action arising out of its acquisition of assets of predecessor entity, as well as in commercial lease disputes, and contract action arising out of dispute over sales commissions
• Defended a leading independent provider of medical imaging software in breach of contract/licensing agreement dispute
• Defended major issuer in consumer credit card litigation
• Defended a worldwide manufacturer, distributor, and servicer of medical devices in breach of contract, express indemnity and declaratory relief action arising out of suppliers’ resolution of an independent underlying tort action
• Defended a debt consolidation company in unfair business practices and consumer legal remedies class action
• Successfully negotiated resolution of breach of contract action arising out of dispute over sales commissions on behalf of global industrial laser manufacturer
• Favorably resolved a medical malpractice/elder abuse action against a home healthcare agency
• Negotiated positive resolution on behalf of a provider of health and medical career raining institution arising out of one of its phlebotomy courses

For 25 years, Dan has counseled life science, medical technology, and consumer product companies in formulating creative, effective, and efficient solutions to problems in both the litigation and nonlitigation settings. He works with clients on risk management strategies, recalls, product liability issues and regulatory matters, including those involving the FDA and CPSC. Dan has attained certification as a GRACP and has served as national counsel for major medical device manufacturing concerns, and regional counsel in mass tort cases. He also represents companies in commercial litigation and works with entities in technology transfer, university commercialization, and intellectual property matters. Representative clients also include renewable and clean energy companies, such as a leading manufacturer of solar cells, panels, inverters and imaging detectors, as well as one of North America’s largest wind energy companies. Dan is a co-chair of the firm’s Medical Device and Pharmaceutical Industry Group and serves on the firm’s Attorney Development Committee.  He has been listed in The Best Lawyers in America^®, Product Liability Litigation – Defendants (2013-2026) and named by LMG as a Life Sciences Star (2012-2018).

National Litigation

• Served as national coordinating counsel for global medical device manufacturer of excimer lasers
• Participated on the regional team defending a global pharmaceutical and biotechnology company in mass tort litigation involving diet drugs as well as mass tort litigation involving phenylpropanolamine
• Serve as local counsel in various jurisdictions throughout the Western United States defending manufacturer of orthopedic implants
• Serve as local counsel in various jurisdictions including Arizona, Colorado, and Washington defending a pharmaceutical company in litigation arising out of professionally labeled over-the-counter (OTC) products
• Participate as local counsel for a pharmaceutical company in litigation arising out of gadolinium-based contrast agents
• Served as local counsel for a medical device manufacturer in the pain pump litigation

Provide Counseling to Medical Technology and Life Science Companies

• Regulatory Matters
• Product Recall Strategies
• Risk Management Issues
• Contract Negotiations and Contract Drafting
• Business Formation
• Pursuit of Qualifying Therapeutic Discovery Tax Credit
• Intellectual Property and Technology Transfer Issues

Medical Device, Pharmaceutical and Biotechnology Manufacturers and Suppliers Litigation Matters

• On behalf of medical technology and life science manufacturers and suppliers, litigated, negotiated and resolved cases involving:
  • Nonsurgical transcatheter cardiac defect closure device
  • Biomedical/pharmaceutical grade tubing manufacturer
  • Self-reinforced, resorbable polymer implants for use in orthopedic surgery
  • Laser surgical device for aesthetic applications
  • Laser ophthalmic devices
  • Generic pharmaceuticals in tardive dyskenisia case
  • Dental anesthetics
  • Electrosurgical generator units, electrodes and surgical devices in circumcision, dental and obstetrical oriented cases
  • Cryosurgery devices
  • Manual and power wheelchairs
  • Durable medical equipment including patient lifts, hospital beds, crutches, canes, walkers and scooters
  • Wheelchair lifts
  • Vascular access products
  • Infusion therapy devices
  • Disposable surgical accessories
  • Spinal implant and orthobiologic products
  • Home-use electrotherapy products
  • OTC pharmaceutical products
  • Contraceptive devices
  • Liquid embolics
  • Orthopedic implants

As a partner of Snell & Wilmer, Dan concentrates his practice in representing medical device, pharmaceutical, biotechnology and consumer product manufacturers in product liability litigation as well as counseling these companies in risk avoidance/management strategies, recalls and regulatory matters, including those involving the FDA and CPSC. Dan has attained certification as a GRACP and has also served as national counsel for major medical device manufacturing concerns and regional counsel in mass tort cases. He also works with entities in technology transfer and intellectual property matters including university technology commercialization, litigation, licensing and agreement negotiations. Dan also represents companies in commercial litigation. Representative clients also include renewable/clean energy companies, such as a leading manufacturer of solar cells, panels, inverters and imaging detectors, as well as one of North America’s largest wind energy companies.

National Litigation

• Participate on national dryer fire team for global appliance manufacturer
• Serve as regional counsel to marketer and distributor of small household appliances

Represent Manufacturers in Product Liability Matters

• On behalf of manufacturers, distributors and suppliers – litigated, negotiated, and resolved cases involving:
  • Appliances for use in and outside of the home
  • Forest products
  • Recreational accessories including towing products and bungee cords
  • Underground construction equipment
  • Heavy equipment
  • Industrial gas turbine power system solutions
  • Wind Power Products
  • Fall Protection Safety Equipment

Bar Admissions

• Arizona
• California
• Colorado
• District of Columbia
• Washington

Court Admissions

• District of Columbia Court of Appeals
• Supreme Court of California
• Supreme Court of Colorado
• Supreme Court of Washington
• United States Court of Appeals, Ninth Circuit
• United States District Court, District of Arizona
• United States District Court, District of Colorado
• United States District Court, Northern District of California
• United States District Court, Western District of Washington
• United States Supreme Court

Education

• University of Denver Sturm College of Law (J.D.)
• University of Colorado (B.A.)

Awards & Recognition

• The Best Lawyers in America®, Product Liability Litigation – Defendants (2013-2026)
• Who’s Who Legal: Life Sciences (2024)
• LMG Life Sciences Star (2012-2018)
• Global Regulatory Affairs Compliance Professional (GRACP)
• Medmarc Insurance Company’s Defense Attorney of the Year (1997)

Representative Experience

Pharmaceutical, Medical Device, Life Science Companies

• Works extensively with medical technology and healthcare product companies on product liability related issues as well as counsel these businesses on regulatory, risk, compliance and transactional matters
• Vast experience in working with senior management including C-level executives, as well as with business units, sales teams, engineering departments, research and development (R&D), quality, regulatory, legal, and medical safety representatives in addition to compliance departments
• Counsels companies on labeling, marketing, instructions for use, methods for creation of appropriate internal documentation with an eye towards reducing future risk exposure, as well as in responding to FDA inquiries concerning product lines or complaint trends, general investigations as well in responding to 483s
• Participated on the regional team defending a global pharmaceutical and biotechnology company in mass tort litigation involving diet drugs as well as mass tort litigation involving phenylpropanolamine
• Serves as local counsel in various jurisdictions defending a pharmaceutical company in litigation arising out of professionally labeled OTC products as well as local counsel for a pharmaceutical company in litigation arising out of gadolinium-based contrast agents
• Served as local counsel for a medical device manufacturer in the pain pump litigation and also counsels medical device manufacturers in product recall strategies and risk management issues

Medical Device & Pharmaceutical Manufacturers & Suppliers

• Litigated, negotiated and resolved cases involving:
  • Non-surgical transcatheter cardiac defect closure device
  • Biomedical/pharmaceutical grade tubing manufacturer
  • Self-reinforced, resorbable polymer implants for use in orthopedic surgery
  • Laser surgical device for aesthetic applications
  • Laser ophthalmic devices
  • Generic pharmaceuticals in tardive dyskinesia case
  • Dental anesthetics
  • Electrosurgical generator units, electrodes and surgical devices in circumcision, dental and obstetrical oriented cases
  • Cryosurgery devices
  • Manual and power wheelchairs
  • Durable medical equipment including patient lifts, hospital beds, crutches, canes, walkers and scooters
  • Wheelchair lifts
  • Vascular access products
  • Infusion therapy devices
  • Disposable surgical accessories
  • Spinal implant and orthobiologic products
  • Home-use electrotherapy products
  • OTC pharmaceutical products

Defense of Other Manufacturers

• Forest products
• Recreational accessories including towing products and bungee cords
• Underground construction equipment
• Heavy equipment
• Industrial gas turbine power system solutions
• Manufacturers of consumer products including appliances for use in and outside of the home

Commercial Matters

• Defended a publicly traded supplier of oxygen, respiratory and home infusion products in breach of contract action arising out of its acquisition of assets of predecessor entity, as well as in commercial lease disputes, and contract action arising out of dispute over sales commissions
• Defended a leading independent provider of medical imaging software in breach of contract/licensing agreement dispute
• Defended major issuer in consumer credit card litigation
• Defended a worldwide manufacturer, distributor, and servicer of medical devices in breach of contract, express indemnity, and declaratory relief action arising out of suppliers’ resolution of an independent underlying tort action
• Defended a debt consolidation company in unfair business practices and consumer legal remedies class action
• Negotiated resolution of breach of contract action arising out of dispute over sales commissions on behalf of global industrial laser manufacturer
• Favorably resolved a medical malpractice/elder abuse action against a home health care agency
• Negotiated positive resolution on behalf of a provider of health and medical career training institution arising out of one of its phlebotomy courses

Previous Professional Experience

• Gordon & Rees, LLP, Partner, San Francisco, California
• Wright Robinson Osthimer & Tatum, Shareholder, San Francisco, California

Professional Memberships and Activities

• American Bar Association
  • Litigation Section
    • Co-Chair, Food and Supplements Sub-Committee
    • Co-Chair, Sound Advice
    • Associate Editor, “Litigation News”
      • Columnist, “Business of Litigation”
    • Division Director (2010-2012)
      • Products Liability Committee, Co-Chair (2007-2010)
        • Pharmaceutical Sub-Committee, Co-Chair (2005-2007)
    • Young Advocate Training and Outreach Committee, Co-Chair (2003-2005)
    • Technology Committee, Co-Chair (2002-2004)
  • Young Lawyers Division (1996-2002)
    • Domestic Violence Institute, Project Manager
    • Disaster Legal Services Committee, Chair
    • National Conferences Team, Vice-Chair
    • Northern California District Representative (1996-1998)
• Boulder Economic Council
• Colorado BioScience Association
  • Board of Directors
  • Government Relations and Public Affairs Committee, Co-Chair
• Defense Research Institute
• Bar Association of San Francisco (1994-1997)
  • Barristers Club, Treasurer & Board of Directors
• Denver Metro Chamber of Commerce, Healthcare Committee

Community Involvement

• American Lung Association, Colorado, Board of Directors (2010-2015)
• Colorado BioScience Political Action Committee
  • Founding Member
  • Board of Directors
• WOW! Children’s Museum, Board of Directors (2007-2015)

Representative Presentations and Publications

• “Compliance Takeaways Amid Increased Auto Finance Scrutiny” Co-Author, Law360 (March 16, 2026)
• “2026 Auto Finance Compliance Trends: What Lenders Need to Know Now,” Co-Author, Snell & Wilmer Legal Alert (February 2, 2026)
• “The Business of Law: 1975 vs. 2025—A 50-Year Transformation,” Author, American Bar Association Litigation News (January 28, 2026)
• “Navigating Sweeping FDA Changes and Their Impact on Health Information,” Moderator, Colorado Bioscience Association (December 10, 2025)
• “FDA and the Evolving Regulatory Landscape: Tips for Innovators & Developers,” Presenter, Colorado Bioscience Association (December 10, 2025)
• “Hot News in Creditor-Side Auto Financing: Rising Risks and Emerging Opportunities,” Co-Author, Snell & Wilmer Legal Alert (December 1, 2025)
• “The High Cost of High Expectations,” Author, American Bar Association Litigation Section (October 22, 2025)
• 13th Annual Food, Beverage, and Supplements Regional CLE Program, Organizer, American Bar Association (October 16, 2025)
• “FDA Reverses Final Rule on LDTs: A Win for Labs, a Shift in Regulatory Strategy,” Co-Author, Snell & Wilmer Legal Alert (October 16, 2025)
• “The Price of Principle: The Cost to Law Firms for Defending the Rule of Law,” Author, American Bar Association Litigation Section (August 27, 2025)
• “State Approves First Big Four Legal Services Provider in United States,” Author, American Bar Association Litigation Section (June 25, 2025)
• “Civility in the Practice of Law: A Pillar of Professionalism,” Author, American Bar Association (March 26, 2025)
• “Pros and Cons of Non-Equity Partnership,” Author, American Bar Association (December 25, 2024)
• “A Deep Dive into the Medtech Industry Consolidation Trends,” Moderator, MPO Summit (October 31, 2024)
• “The Impact of Falling Law Firm Realization Rates,” Author, American Bar Association Litigation Section (August 28, 2024)
• “DEI in the Business of Law: Challenges and Progress,” Author, American Bar Association (May 22, 2024)
• The Impact of Law Firm Mergers on the Business of Law,” Author, American Bar Association (January 24, 2024)
• “Chatbots and the Business of Law,” Author, American Bar Association (May 24, 2023)
• “Environmental, Social, and Business governance: The Business of Law,” Author, American Bar Association (February 22, 2023)
• “FDA Clears Lab-Grown Meat for Human Consumption,” Author, Snell & Wilmer Product Liability Update Blog (November 17, 2022)
• “FDA Proposes Updated Definition of ‘Healthy’ for Foods,” Author, Snell & Wilmer Product Liability Update Blog (September 28, 2022)
• “FDA Publishes Manual on Complex Product Classification for Generic Development,” Author, Snell & Wilmer Product Liability Update Blog (April 25, 2022)
• “The Great Resignation and the Business of Law,” Author, Litigation News (Winter 2022)
• “House Passes Bill to Federally Decriminalize Marijuana,” Author, Snell & Wilmer Product Liability Update Blog (April 1, 2022)
• “Mental Health, Mindfulness and the Business of Law,” Author, Litigation News (Spring 2022)
• “FDA Approves Second Booster,” Author, Snell & Wilmer Product Liability Update Blog (March 30, 2022)
• “A Deeper Dive into FDA Draft Guidance on the Remanufacturing of Medical Devices,” Author, Snell & Wilmer Product Liability Update Blog (March 4, 2022)
• “Food Litigation Is Growing,” Author, Litigation News (January 24, 2022)
• “Litigation Finance: Growth Expected After Tough Year,” Author, Litigation News (November 15, 2021)
• “FDA Issues Draft Guidance on Remanufacturing,” Author, Snell & Wilmer Product Liability Update Blog (June 18, 2021)
• “Brace for the Storm: The Tsunami of Pandemic-Related Litigation,” Author, Litigation News (June 2, 2021)
• “The COVID-19 Vaccine Race: With Risks Come Rewards,” Author, Litigation News (March 19, 2021)
• “Update on FDA Guidance Pertaining to COVID Variants,” Author, Snell & Wilmer Product Liability Update Blog (March 16, 2021)
• “Virginia Legalizes Marijuana,” Author, Snell & Wilmer Product Liability Update Blog (March 2, 2021)
• “FDA Releases New Guidance for Covid-19 Products,” Author, Snell & Wilmer Product Liability Update Blog (February 24, 2021)
• “FDA Provides Coronavirus Testing Update,” Author, Snell & Wilmer Product Liability Update Blog (February 18, 2021)
• “Tort Litigation Immunity for COVID-19 Vaccines” Host, CalCurrent Podcast, Episode 29 (January 7, 2021)
• “The Pandemic’s Dramatic Effect on the Business of Law,” Author, Litigation News (October 2020)
• “Clarifying the Difference Between Medical Device Servicing and Remanufacturing,” Co-Presenter, DRI Webinar (July 31, 2020)
• “Data Privacy: More Than Just ‘The New Black’,” Author, Litigation News (Spring 2020)
• “Colorado Companies That Have Achieved FDA Regulatory Milestones” Moderator, Medical Device Symposium, Colorado BioScience Association, Westminster, CO (March 4, 2020)
• “The Vaping Market Is Igniting,” Author, Litigation News (Winter 2020)
• “Potential Health Risks & Regulatory Hurdles Associated with Cannabis & Its Concentrates,” Speaker, Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program, Snowmass Village, CO (January 29, 2020)
• “Multidistrict Litigation: Dominating the Federal Docket,” Author, Litigation News (Fall 2019)
• “Clarifying the Difference Between Medical Device Servicing and Remanufacturing,” Co-Author, DRI’s For the Defense (September 2019)
• “Class Action Spending Reaches 10-Year High,” Author, Litigation News (September 2019)
• “Alternate Legal Service Providers: A Booming Market,” Author, Litigation News (June 2019)
• “Advising on Cannabis Products, Including Development of State Bar Rules,” Moderator, Ninth Annual Food & Supplements Workshop, The Kraft Heinz Company, Chicago, IL (May 21, 2019)
• “The Grass Grows Greener for the Cannabis Legal Market, Despite Risks,” Author, Litigation News (April 2019)
• “Leaders in MedTech Panel Discussion,” Moderator, Medical Device Symposium, Colorado BioScience Association, Westminster, CO (March 7, 2019)
• “Trade Secret Litigation Continues to Soar,” Author, Litigation News (October 2018)
• “Blockchain: Technology Rockin’ the Legal Industry,” Author, Litigation News (September 2018)
• “The SEC’s Whistleblower Program: A Growing Legal Cottage Industry,” Author, Litigation News (May 2018)
• “Dietary Supplement Labeling,” Author, ABA Section of Litigation Products Liability Committee Practice Pointer (April 2018)
• “Life Sciences: The Intersection of Professional Liability & Products Liability,” Panelist, 2018 PLUS Healthcare and Medical PL Symposium (March 2018)
• “The Intersection of Medical Malpractice and Product Liability Cases – Unintended Consequences of Damage Caps,” Author, 2018 PLUS Healthcare and Medical PL Symposium (March 2018)
• “Data Analytics: A New Arrow in Your Legal Quiver,” Author, Litigation News (Winter 2018)
• “Increasing Ransomware Attacks Serve as a Reminder to Consider Cyber Insurance,” Author, Litigation News (Fall 2017)
• “FDA Makes Gene Therapy Available for First Time in USA,” Author, Product Liability Update (September 2017)
• “A Brief Look at the European Union’s New Medical Device and In Vitro Diagnostic Regulations,” Co-Author, ABA Products Liability Litigation Newsletter (August 2017)
• “Corporate Clients Demand More Diversity from Law Firms,” Author, Litigation News (Summer 2017)
• “Boulder’s Research & Commercialization Imperative,” Moderator, Boulder Economic Summit, Boulder, CO (May 2017)
• “Senate Confirms New FDA Commissioner,” Author, Product Liability Update (May 2017)
• “The Virtual Practice of Law,” Author, Litigation News (Spring 2017)
• “Post-market Cybersecurity Management in Medical Devices,” Presenter, Webinar, Marsh Mid- Atlantic (March 2017)
• “Colorado BioScience Policy Update,” Featured Speaker, BioScience Day at the Capitol, Denver, CO (March 2017)
• “Hot Topics in Life Science Litigation,” Featured Speaker, Medmarc Annual Brokers Meeting, Las Vegas, NV (February 2017)
• “One in, Two Out: Potential FDA Uncertainty for Medical Device and Pharmaceutical Companies,” Author, Product Liability Update (January 2017)
• “Leveraging Partnerships for Success,” Moderator, Medical Device Symposium, Broomfield, CO (January 2017)
• “Rise of the Machine: Artificial Intelligence in the Practice of Law,” Author, Litigation News (Winter 2017)
• “Benefiting From FDA’s Medical Device Risk-Benefit Guidance,” Co-Author, Law360 (July 25, 2016)
• “Cybersecurity: What Life Sciences Companies Need to Know to Defend Themselves Against the Inevitable,” Co-Presenter, Medmarc Loss Control Webinar Series (June 29, 2016)
• “What’s The Big Deal About US Biosimilar Approval?,” Author, Law360 Life Sciences (April 27, 2016)
• “Biologics, Biosimilars and Product Liability Risk Considerations,” Featured Speaker, Chicago, IL (March 2016)
• “Hello ‘Proportionality,’ Goodbye ‘Reasonably Calculated’: Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments” Regional Chair, Denver, CO (March 2016)
• “A View from the Inside: Practice Pointers from In-House Counsel,” Contributing Editor, Products Liability Newsletter (February 2016)
• “Colorado BioScience Policy Update,” Featured Speaker, BioScience Day at the Capitol,  Denver, CO (February 2016)