Dan Wittenberg’s practice is concentrated on representing manufacturers and distributors of products across a vast array of industry sectors including: life sciences, medical technologies, pharmaceutical, consumer products, appliances, fall protection, food, cosmetics, dietary supplements, healthcare products, heavy equipment, oral and personal care products, power generation and timber. He regularly defends these companies in product liability litigation as well as counsels these businesses on agreements, risk avoidance/management strategies, labeling and marketing materials, instructions for use, as well as recalls and regulatory matters, including those involving the FDA and CPSC. Dan has served as national counsel for major medical device manufacturing concerns and regional as well as local counsel in mass tort cases. He has attained certification as a Global Regulatory Affairs Compliance Professional (GRACP). Dan also works with entities in technology transfer and intellectual property matters including university technology commercialization, litigation, licensing and agreement negotiations. He also represents individuals and 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.
Dan is a Co-Chair of the firm’s Pharmaceuticals and Medical Devices Industry Group, is listed in The Best Lawyers in America, Product Liability Litigation - Defendants and named by LMG as a Life Sciences Star. He is Peer Review Rated AV Preeminent in Martindale-Hubble and currently assisting clients throughout the Western United States including Arizona, California, Colorado, Nevada and Utah.
Business Litigation
Dan Wittenberg is in Snell & Wilmer’s Commercial Litigation Group where he has represented a variety of businesses' interests in matters throughout the Western United States.
Pharmaceuticals and Medical Devices
For 25 years, Daniel Wittenberg has counseled life science, medical technology and consumer product companies in formulating creative, effective and efficient solutions to problems in both the litigation and non-litigation settings. He works with clients on risk management strategies, recalls, product liability issues and regulatory matters, including those involving the Food and Drug Administration (FDA) and Consumer Products Safety Commission (CPSC). Dan has attained certification as a Global Regulatory Affairs Compliance Professional (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 and named by LMG as a Life Sciences Star.
Product Liability Litigation
As a partner of Snell & Wilmer, Dan Wittenberg 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 Global Regulatory Affairs Compliance Professional (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.
Representative Presentations and Publications
• 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)
• 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)
Professional Recognition and Awards
•The Best Lawyers in America, Product Liability Litigation - Defendants (2013-2020)
•LMG Life Sciences Star (2012-2018)
•Global Regulatory Affairs Compliance Professional (GRACP)
•Medmarc Insurance Company's Defense Attorney of the Year (1997)
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)
Other Professional Experience
•Gordon & Rees, LLP, Partner, San Francisco, California
•Wright Robinson Osthimer & Tatum, Shareholder, San Francisco, California
Related News & Events
• Aug 15
139 Snell & Wilmer Lawyers Listed as Leaders in Their Fields by The Best Lawyers in America 2019
Eleven Snell & Wilmer attorneys recognized as a 2019 Lawyer of the Year
• Mar 08
Snell & Wilmer Partner Daniel S. Wittenberg Named Co-Chair of Food and Supplements Subcommittee of American Bar Association Section of Litigation's Products Liability Committee
• Sep 11
Snell & Wilmer Partner Daniel S. Wittenberg Named Life Sciences Star For Sixth Consecutive Year
• Aug 15
The Best Lawyers in America 2018 Lists 133 Snell & Wilmer Lawyers as Leaders in Their Field
• Jan 17
Snell & Wilmer Renews Commitment to Los Angeles
Moves to 31st Floor of Two California Plaza
• Jan 11
Denver Partner Daniel S. Wittenberg Selected to Boulder Chamber Community Affairs Council
• Dec 15
Colorado Business Committee for the Arts Elects Snell & Wilmer Partner Daniel S. Wittenberg to Board of Directors
• Sep 06
Snell & Wilmer Partner Daniel S. Wittenberg Named Life Sciences Star by LMG
• Aug 15
The Best Lawyers in America 2017 Lists 125 Snell & Wilmer Lawyers As Leaders In Their Field
In addition, 15 Snell & Wilmer attorneys recognized as a 2017 “Lawyer of the Year”
• Sep 03
LMG Names Snell & Wilmer Partner Daniel S. Wittenberg as Life Sciences Star
• Aug 17
The Best Lawyers in America 2016 Lists 128 Snell & Wilmer Lawyers as Leaders in their Field
In addition, 19 Snell & Wilmer attorneys recognized as a 2016 “Lawyer of the Year”
• Aug 18
The Best Lawyers in America 2015 Lists 123 Snell & Wilmer Lawyers as Leaders in Their Field
• May 28
LMG Names Snell & Wilmer Partner Daniel S. Wittenberg as “Life Sciences Star”
• Oct 30
Snell & Wilmer Attorney Dan Wittenberg Publishes Chapter on Food and Drug Litigation Strategies
• Aug 19
The Best Lawyers in America 2014 Recognizes 119 Snell & Wilmer Attorneys as Leaders in Their Field
• Jun 27
LMG Names Snell & Wilmer Partner Daniel Wittenberg as “Life Sciences Star” for Second Consecutive Year
• Feb 18
Snell & Wilmer Attorney Daniel Wittenberg Among Colorado Delegation for Medical Device Industry at Capitol Hill
• Sep 04
The Best Lawyers in America 2013 Recognizes 114 Snell & Wilmer Attorneys as Leaders in Their Field
• Jun 20
LMG Names Snell & Wilmer Partner Daniel Wittenberg as Life Sciences Star
• May 11
Snell & Wilmer Team to Present Throughout ERAI Executive Conference
• Mar 14
Daniel Wittenberg Among Colorado Delegation for Medical Device Industry at Capitol Hill
• Feb 10
Snell & Wilmer Partner Dan Wittenberg Named Co-Chair of Colorado Bioscience Association's Government Relations and Public Affairs Committee
• Jan 24
Snell & Wilmer Partner Dan Wittenberg Accepted into Leadership Boulder County Program
• May 12
Snell & Wilmer Partner Dan Wittenberg Achieves Key Regulatory Compliance Certification
• Jan 20
Snell & Wilmer Partner Daniel S. Wittenberg Appointed to Law360 Advisory Board
• Dec 23
Snell & Wilmer Partner Daniel S. Wittenberg Appointed to Colorado Bioscience Pac Board of Directors
Related Publications
• Aug 06
Health Law Checkup - FDA Draft Guidance: How Drug and Device Firms Can Correct Third-Party Misinformation Appearing on Social Media (Part II of II)
• Jul 23
Health Law Checkup - FDA Draft Guidance Aims to Clarify Appropriate Character-Space-Limited Social Media Use by Drug and Device Firms (Part I of II)
• Jul 09
Product Liability Update - FDA Issues New Draft Guidance on Medical Device Data Systems
• May 09
Product Liability Update - May 2014 Making Sure Cybersecurity and Liability Concerns Don’t Ground the Drones; Summary of FDA’s Final Guidance on Dear Health Care Provider Letters
• Nov 11
Product Liability Update - November 2013
• Aug 05
Product Liability Update - August 2013
• Oct 19
Life Science Business Alert (October 2010) Study Reveals Less Than 1 Percent of Medical Devices Cleared by 510(k) Process Were Involved in Class 1 Recalls
• Jun 29
Life Science Business Alert Tax Credit and Cash Grant Application for Life Science Companies Under Section 48D Now Available
• Apr 02
Health Care Alert: Navigating Health Care Reform (April 2, 2010) Understanding Health Care Reform - An Initial Guide For Employers
• Mar 30
Health Care Alert: Navigating Health Care Reform Understanding the New Health Care Reform Act
