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Joshua B. Goldberg

Select Agent Expertise:
Joshua Goldberg worked as an attorney in the Office of Counsel to the Inspector General ("OCIG") for the Department of Health and Human Services (HHS). Starting with the inception of the Select Agent Program in March 2003, the Office of Inspector General ("OIG") for HHS became the enforcing body responsible for investigating and penalizing violators of the HHS Select Agent Program. While working as an attorney within the OCIG, Mr. Goldberg:

Developed investigation strategies and negotiation postures with the Chief Counsel to the Inspector General, Assistant Inspector General for Legal Affairs, and other high ranking attorneys within the OIG for the first ever Select Agent settlement between the OIG and a Select Agent Program violator.

Drafted the first settlement agreement between the OIG and a Select Agent Program violator.

Headed the investigation of over 15 Select Agent Program violations involving academic institutions, biotech companies, and corporate officers.

Assisted the Centers for Disease Control and Prevention (CDC) in deciding whether to pursue potential Select Agent Program violations against academic institutions, biotech companies, and corporate officers.

Met with members of the House Select Committee on Homeland Security to discuss enforcement of the Select Agent Program.

Drafted Memorandums of Understanding and Operation Protocols between the OIG and the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS).

Participated in multi-agency committee meetings with the FBI, Department of Justice, USDA/APHIS, and CDC regarding Select Agent enforcement and investigation.

Drafted proposed language for the Select Agent final rule to be published in 42 C.F.R. part 73.

Provided legal interpretations on the Select Agent regulations to auditors from the Office of Audit
Services (OAS).


General Legal Background:
Assistant Public Defender: Pittsburgh, PA. 1997-2001. Trial attorney. Represented clients in a wide array of criminal cases ranging from homicide to white collar crime.

Special Prosecutor: City of Pittsburgh Citizen Police Review Board. 1999-2000 (case by case appointment). Prosecuted police officers before an administrative law tribunal for Conduct Unbecoming an Officer, Dereliction of Duty, and Unauthorized Use of Force.

Insurance Coverage and Insurance Defense Attorney: Willman & Arnold, LLP. Pittsburgh, PA. 2001-2003. Represented excess insurance companies in bankruptcy proceedings filed by Halliburton subsidiaries Dresser Industries and Kellog, Brown, and Root. Represented Honeywell, Inc. in mass tort litigation involving Bendix Brakes.

Senior Counsel, Office of Counsel to the Inspector General, Department of Health and Human Services: Washington, DC. 2003-2004. Represented the Office of Inspector General in Select Agent Program cases, health care fraud cases, and other administrative cases.

Principal, Goldberg Legal Services LLC, 2005 - present.

Licensed to practice law:
Pennsylvania, Maryland, New Jersey, and Washington DC.

Published:
Coming soon to an OSHA violation near you? The Responsible Corporate Officer Doctrine. The Labor Lawyer. Volume 18, Number 2. Fall 2002.

Member:
American Biological Safety Association
Chesapeake Area Biological Safety Association (President 2007-2008)