Sean S. Zabaneh
Partner
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Phone: +1 215 979 1149
- Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Sean Zabaneh is Chair of Duane Morris Healthcare Litigation and a member of the firm's governing Partners Board. Known for his strategic approach, long term client relationships, and tenacious advocacy, Sean is a solutions-focused advocate, advisor, and partner to his diverse group of clients in the highly regulated healthcare and life sciences industries.
Sean’s clients include health systems, hospitals, healthcare associations, pharmacies, pharmaceutical companies, healthcare manufacturers, and physician groups, and he represents them in high-stakes reimbursement, antitrust and competition, corporate governance, and breach of contract litigation, including complex class action litigation. As a seasoned litigator for more than 20 years, Sean has substantial courtroom experience in dozens of state and federal court trials, administrative proceedings, government investigations, arbitrations, and mediations.
Ranked in Chambers USA for Healthcare, Sean has been recognized by his clients as “an excellent and experienced litigator with keen business-savvy and deep knowledge of healthcare litigation.” According to the Legal 500 Guide, Sean has been described as “extremely intelligent, articulate, diligent, experienced and responsive” and “perhaps most importantly, he provides balanced, insightful advice on complicated litigation matters.”
Sean has been the firm’s Hiring Partner and Chair of the Recruitment and Retention Committee and has been involved in the firm’s Diversity and Inclusion Committee and DM Pride, the Firm’s LGBTQ+ group.
Areas of Practice
- Healthcare and Life Sciences Litigation
- Antitrust and Competition Litigation
- Class Action Litigation
Representative Matters
- Representing many health systems, hospitals, and other providers in healthcare antitrust reimbursement opt-out actions against the Blue Cross and Blue Shield Association and other independent Blue companies pursuant to the Sherman Act.
- Representing several health systems and physician groups challenging the out-of-network reimbursement practices of MultiPlan and the large national health insurance companies
- Representing several large hospital systems in multiple states asserting challenges to large national payer Emergency Department down-coding policies and practices.
- Representing health system challenging large national payer’s failure to comply with Medicaid reimbursement obligations in Florida.
- Represented hospital association asserting claims against Pennsylvania Office of the Attorney General for imposing a hybrid restraint of trade in violation of the Sherman Act.
Represented hospital association successfully challenging Pennsylvania policy to impose standards on hospitals participating in statewide Medicaid program leading to abandonment of policy.
Representing neurosurgery clinic in challenging unlawful and deceptive trade practices in Florida neurosurgery market by competing neurosurgeons.
Defended group of physicians in connection with Federal Trade Commission investigation of potential collective price negotiations, boycotts, and refusals to deal in violation of the Federal Trade Commission Act.
Representing national homecare company in value-based care reimbursement contract dispute against large national payer.
Representing homecare association challenging Pennsylvania’s attempt to impose statewide homecare agency model.
Represented hospital in connection with Department of Justice investigation involving alleged agreements among physicians in violation of Section 1 of Sherman Act.
- Representing national group of hospitals alleging underpayments by TRICARE for outpatient services.
Defending healthcare providers in state administrative appeals regarding reimbursement disputes.
Defended home care agency in state administrative appeals regarding proposed termination of agency’s participation in Medicaid program.
Obtained dismissal of all claims with prejudice, including claims for injunctive relief, in favor of dialysis company in case involving alleged violations of non-competition and non-solicitation agreements.
Obtained permanent injunction in favor of surgical implant manufacturer preventing competitor from utilizing the company’s intellectual property.
Representing biotechnology company seeking payment for deferred milestones pursuant to license agreement.
Defending global healthcare disinfectant manufacturer against allegations of theft of food process control trade secrets and confidential information.
Representing pharmaceutical company in intellectual property licensing dispute regarding competing licensed products.
Defending merger of prosthetics manufacturers against alleged violations of the Clayton Act and the Federal Trade Commission Act in Federal Trade Commission administrative proceeding.
Represented venture capital firm in securities fraud and breach of fiduciary duty dispute involving shareholders, lenders, and chief executive officer arising out of acquisition of startup life sciences company. Obtained settlement client found favorable.
Represented medical device manufacturer against alleged violations of exclusivity and right of first refusal provisions in distribution agreements. Obtained settlement client found favorable.
Represented canine biotechnology company in contract dispute regarding implementation of clinical trials. Obtained settlement client found favorable.
Defeated attempt to enjoin group of former employees of pharmaceutical company from forming start-up competitor.
Healthcare Matters
Life Sciences Matters
Admissions
- Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Federal Claims
- Supreme Court of the United States
Education
- Washington University School of Law, J.D., 2005
- Associate Editor, Journal of Law and Policy
- Scholar in Law Honors - Case Western Reserve University, B.A., 2001
- University Honors
- Presidential Scholar
Professional Activities
- American Health Law Association
- Healthcare Financial Management Association
- American Bar Association
- Litigation Section
- Antitrust Law Section
Honors and Awards
- Listed in Chambers USA: America's Leading Lawyers for Business for Healthcare
- Listed in The Best Lawyers in America
- Selected as a Healthcare Trailblazer by City & State Pennsylvania, 2025
- Listed in "People on the Move," Philadelphia Business Journal
- Listed as a Rising Star in Pennsylvania Super Lawyers publication
- Pro Bono Roll of Honor, First Judicial District of Pennsylvania
Selected Publications
- Quoted, "Pa. Tax Ruling Boosts Nonprofits' Competitive Edge, Attys Say," Law360, June 24, 2025
- Co-author, "Supreme Court of Pennsylvania Clarifies HUP Test and Holds Pottstown Hospital Is a 'Purely Public Charity' Entitled to Tax-Exempt Status," Duane Morris Alert, June 2, 2025
- Mentioned, Dorothy Atkins, “BCBS Hit With New Antitrust Suits By $2.8B Deal Opt-Outs,” Law360, March 5, 2025 (https://www.law360.com/articles/2306642/bcbs-hit-with-new-antitrust-suits-by-2-8b-deal-opt-outs)
- Co-author, “Healthcare Providers Negotiate $2.8 Billion Antitrust Settlement with BCBS Insurers,” Duane Morris Alert, October 15, 2024
- Co-author, "Affidavit: Healthcare and the Law - Change Healthcare and Cyber Security: Takeaways from the Most Significant Cyberattack on the U.S. Healthcare System in History," Wharton Health Care Management Alumni Association, Summer 2024
- Quoted, Ron Southwick, “Healthcare Mergers May Face More Questions About Cybersecurity,” Chief Healthcare Executive, April 18, 2024
- Quoted, Alan Goforth, “Change Healthcare Cyberattack: 24 Lawsuits Filed So Far, More Likely,” Benefits Pro, April 11, 2024
- Quoted, Ron Southwick, "Change Healthcare Cyberattack: Lawsuits Emerge, and More are Coming," Chief Healthcare Executive, April 5, 2024
- Co-author, "Affidavit: Healthcare and the Law - Preparing for the End of the COVID-19 Public Health Emergency," Wharton Healthcare Quarterly, April 2023
- Co-author, Health Law Handbook, Health Law Series, published by WestGroup, a Thompson company 2022-2023 Edition
- Co-author, "DOJ Antitrust Division Turns Up the Heat on Information Sharing in the Healthcare Industry and Beyond," Duane Morris Alert, February 8, 2023
- Co-author, "340B Hospital Reimbursement Update: D.C. District Court Remands Underpayment Remedy to HHS," Duane Morris Alert, January 18, 2023
- Co-author, "Affidavit: Healthcare and the Law - 'Hardcore Cartel Conduct': Antitrust Crackdown in Healthcare Labor Markets," Wharton Healthcare Quarterly, June 2022
- Co-author, "FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis," Duane Morris Alert, April 16, 2020
- Quoted, "Life-or-Death Hospital Decisions Come With Threat of Lawsuits," Bloomberg, April 2, 2020
- Co-author, "Pennsylvania Lawmakers Pass COVID-19 Emergency Response Bills," Duane Morris Alert, March 27, 2020
- Co-author, "Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions," Duane Morris Alert, March 26, 2020
- Co-author, "U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts," Duane Morris Alert, March 25, 2020
- Co-author, "Gov. Wolf Revises Pennsylvania Non-Life-Sustaining Business Shutdown Order with Waivers Allowed," Duane Morris Alert, March 23, 2020
- Co-author, "FTC Seeks to Block Jefferson's Pending Acquisition of Einstein Healthcare Network," Duane Morris Alert, March 3, 2020
- Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
- Contributing Editor, "Two Years after Reeder-Simco: Is the Robinson-Patman Act Alive and Well?," presented at ABA Section of Antitrust Law Annual Spring Meeting, March 2008
Selected Speaking Engagements
- Speaker, “2025 Legal Updates That Every Hospital Leader Should Have on the Radar,” The Hospital and Healthsystem Association of Pennsylvania, October 15, 2025
- Speaker, “The End of Chevron: Potential Impact on Hospitals,” The Hospital and Healthsystem Association of Pennsylvania, September 9, 2024
- Speaker, "What Hospital Executives Need to Know Now about Managing the Change Healthcare Cyberattack and Recovery," Hospital and Healthsystem Association of Pennsylvania (HAP) Leadership Summit, April 3, 2024
- Speaker and Co-Author, “Mergers and Acquisitions: New Guidance from the FTC and DOJ,” presented by The Hospital and Healthsystem Association of Pennsylvania, January 29, 2024
- Speaker and Author, “Protecting Nonprofit Hospital Tax-Exempt Status,” presented by The Hospital and Healthsystem Association of Pennsylvania, October 17, 2023
- Speaker and Co-author, "Lawyers Counseling Small Businesses," presented by Pennsylvania Bar Institute, March 6, 2020
- Speaker, "HIPAA Compliance During Litigation and Discovery: Safeguarding PHI and Avoiding Violations When Responding to Subpoenas and Discovery Requests," Strafford Live CLE presentation, March 6, 2019
- Instructor and Speaker, "The Art of the Deposition: Taking, Defending and Preparing for Depositions," presented at the Pennsylvania Bar Institute, November 17 and 18, 2016
- Instructor and Speaker, "Deposition Boot Camp: The Art of Taking, Defending and Preparing for Depositions," presented at the University of Pennsylvania Law School, January 5-8, 2015
- Moderator and Speaker, "Diversity and Inclusion: A Look at Our Progress," hosted by Duane Morris LLP Philadelphia Inclusion Committee, November 2013
- Speaker and Co-author, "Attorney-Client Privilege – New Developments and Some Difficult Issues," Association of Corporate Counsel Delaware Valley Chapter, April 23, 2013
- Speaker and Co-author, "Attorney-Client Privilege – The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013