PeopleDaniel S. Wittenberg
Daniel S. Wittenberg

Daniel S. Wittenberg

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PeopleDaniel S. Wittenberg

  • University of Denver College of Law (J.D., 1991)
  • University of Colorado (B.A., 1987)

  • 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

  • "Alternate Legal Service Providers: A Booming Market," Author, Litigation News (June 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)
  • "Product Liability Year In Review," Featured Speaker, Environmental, Mass Torts & Products Liability Litigation Joint CLE Seminar, Park City, UT (January 2016)
  • "50-State Survey – Chemical Exposure Claims," Contributing Co-Author, ABA Section of Litigation (August 2015)
  • "Going In-House: An Interview on Making the Move," Moderator, ABA Section of Litigation, Sound Advice Podcast (August 2015)
  • "FDA Issues Final Guidance on Intent to Exempt Certain Medical Devices from Premarket Notification Requirements," Author, Product Liability Update (July 2015)
  • "Adopting a Safety Policy and Assembling a Safety Team," Author, Litigation 360 (June 4, 2015)
  • "Minimizing Clinical Trials Liability: Ensuring Effective Informed Consent Documents," Featured Presenter, Medmarc Insurance Webinar (May 27, 2015)
  • "Collaborative Arrangements in Commercializing Devices and Diagnostics," Moderator, Colorado BioScience Association Spring Industry Symposium, Broomfield, CO (May 13, 2015)
  • "Going In-House: An Interview on Making the Move," Moderator, ABA Section of Litigation, Sound Advice (May 2015)
  • "FDA Issues Draft Guidance on Distributing New Risk Information for Approved Drugs and Biologics," Author, Product Liability Update (2014)
  • "FDA Issues New Draft Guidance on Medical Device Data Systems," Author, Product Liability Update (2014)
  • "Summary of FDA’s Final Guidance on Dear Health Care Provider Letters," Co-Author, Product Liability Update (2014)
  • "New FDA Guidance on Mobile Medical Apps," Presenter, ABA Section of Litigation Roundtable (2014)
  • "Regulatory Strategies for Medical Device, Diagnostic and Pharmaceutical Companies," Moderator, Current Issues in Pharmaceutical and Medical Device Litigation & Policy, NovoNordisk, Inc., Princeton, NJ (2013)
  • "Positioning Your Company for Funding," Moderator, Seventh Annual Medical Device Symposium, Westiminster, CO (2013)
  • "Overview of New FDA Guidance on Regulation of Mobile Medical Apps," Co-Author, ABA Section of Litigation, Products Liability Committee News & Developments (2013)
  • "Summary of FDA Guidance on Mobile Medical Apps," Co-Author, Snell & Wilmer Product Liability Update (2013)
  • "Food and Drug Litigation Strategies, Leading Lawyers on Building Strong Defenses and Adapting to Evolving FDA Regulations," Contributing Chapter Author, Aspatore (2013)
  • "Colorado BioScience Legislative Briefing for Jared Polis," Presenter, Rocky Mountain Innosphere, Ft. Collins, CO (2013)
  • "CEO Roundtable with Congressman Doug Lamborn," Participant, Depuy Synthes, Monument, CO (2013)
  • "Colorado BioScience Legislative Briefing," Presenter, Somalogic, Boulder, CO (2012)
  • "CEO Roundtable with Senator Mark Udall," Presenter, Denver Metro Chamber of Commerce, Denver, CO (2012)
  • "CEO Roundtable with Congressman Cory Gardner," Presenter, Amgen, Longmont, CO (2012)
  • "CEO Roundtable with Congressman Ed Perlmutter," Presenter, Terumo BCT, Lakewood, CO (2012)
  • "Judge, Jury and Executioner: Liability When Acting as Supplier & Tester/Inspector," Presenter, ERAI Executive Conference, Las Vegas, NV (May 17-18, 2012)
  • "Sales Representative Liability Issues," Moderator, Current Issues in Pharmaceutical Litigation & Policy, GlaxoSmithKline, Philadelphia, PA (2011)
  • "Industry Trends in the Current Regulatory Environment," Moderator, Fifth Annual Medical Device Symposium, Westminster, CO (2011)
  • "Plaintiff’s Medical Care and Treatment—Discovery and Evidentiary Issues," Contributing Editor, American Bar Association (2011)
  • "Contractual Risk Transfer, Best Practices and Considerations: Indemnification, Recalls and Clinical Trials," Featured Speaker, TechAssure Member Conference, San Francisco, CA (2010)
  • "Recall Provisions in Contracts: Important Factors and Considerations" (2010)
  • "Clinical Trial Agreements: Four Fundamental Factors" (2010)
  • Seminar Organizer, Third Annual Medical Device Symposium, Colorado Bioscience Association, Westminster, CO (2009)
  • "Indemnification Agreements and Contractual Risk Transfer for Life Science Companies," Featured Speaker, Chubb Life Sciences Producer Forum, Inverness, CO (2009)
  • "Consumer Class Actions 50 State Survey," Contributing Author, American Bar Association (2009)
  • Seminar Organizer and Panel Moderator, Second Annual Medical Device Symposium, Colorado Bioscience Association, Westminster, CO (2008)
  • "Reducing Exposure to Lawsuit Liability in Life Science Product Cases: Litigation Readiness in the Electronic Age," Featured Speaker, Denver, CO (2007)
  • "Update on Punitive Damage Claims: A Fifty-State Survey," Contributing Author, American Bar Association (2007)
  • "Beyond the Preemption Preamble: A Practical Analysis of the New FDA Labeling Requirements," Moderator, Current Issues in Pharmaceutical Litigation & Policy, Kenilworth, NJ (2006)
  • "'Off Label' Is 'In,' The Growing Trend of Pharmaceutical Prescriptions for Non-FDA Approved Purposes," Co-Author, American Bar Association (2006)
  • "The Good, The Bad, and The Ugly: A Product Liability Year In Review 2005," Featured Speaker, American Bar Association's Litigation Section's Joint CLE, Beaver Creek, CO (2006)
  • "Establishing and Maintaining the In-House Counsel Relationship," Moderator, American Bar Association Annual Meeting, Chicago, IL (2005)
  • "Litigation Defense Strategies in Medical Product Design," Panelist, Denver, CO (2005)
  • "The Use of Toxicology in Tort Litigation, A Survey of Federal & State Jurisdictions," Contributing Author, American Bar Association (2004)
  • "Hot Topics in Medical Device Litigation," Panelist, The Seventeenth Medical Device Seminar, Santa Fe, NM (2004)
  • "California's Unfair Competition Laws," Featured Speaker, Current Issues in Pharmaceutical Litigation & Policy, Philadelphia, PA (2003)
  • "Standard for Design Defects - A State by State Survey," Contributing Author, American Bar Association (2003)
  • "Hot Topics In Products Liability Law," Moderator, American Bar Association Annual Meeting, San Francisco, CA (2003)
  • "The Use of Epidemiology in Tort Litigation: A Summary of Federal & State Jurisdictions," Contributing Author, American Bar Association (2003)
  • "Post Sale Duty to Warn," Contributing Author, A Monograph Prepared by the ABA Section of Litigation's Product Liability Committee, American Bar Association (2003)
  • "The Young Litigator's Toolkit," Co-Moderator, ABA Section of Litigation's Annual Meeting, Houston, TX (2003)
  • "The Battle Over the Role of Epidemiology in Proving General Causation: Word From the Front," Co-Moderator, Current Issues in Pharmaceutical Litigation & Policy, Bridgewater, NJ (2002)
  • "The Battle Over the Role of Epidemiology in Proving General Causation: Word From the Front," Author, Product Liability Newsletter, Vol. 13, No. 2, American Bar Association (2002)
  • "Discovery In Products Liability Actions," Author, Dri Young Lawyers' Form Book 2002, II.A-1 - II.A-40, DRI (2002)
  • "Terminating the Product Franchise," Co-Author, ABA Section Of Litigation Section Annual Meeting, Program Materials, pp. 47-52, Boston, MA (2002)
  • "Product Liability Primer," Featured Speaker, Global Quality Council Meeting, Sunrise Medical, Inc., Fresno, CA (2000)
  • "The Role of the Sales Representative in Products Liability Claims," Featured Speaker, Sunrise Medical, Inc.'s National Sales Meeting, Interlocken, CO (1999)
  • "Design Defense Strategies," Featured Speaker, Sunrise Medical, Inc.'s Growth Conference, Denver, CO (1999)
  • "Hot Potatoes, Proving It's Not Your Product," Featured Speaker, DRI Products Liability Seminar, New Orleans, LA (1998)

  • The Best Lawyers in America®, Product Liability Litigation - Defendants (2013-2019)
  • LMG Life Sciences Star (2012-2018)
  • Global Regulatory Affairs Compliance Professional (GRACP)
  • Medmarc Insurance Company's Defense Attorney of the Year (1997)

  • 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)

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

  • Colorado
  • California
  • District of Columbia
  • Washington

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