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© 2012 Dorsey & Whitney LLP

  • International Who's Who of Commercial Mediation, 2011
  • Listed in Best Lawyers in America, 2007-2012
  • New York Super Lawyers
  • Who's Who in America
  • Who's Who in American Law
  • Who’s Who in the World

  • New York University School of Law (J.D.), 1975
    Managing Editor, New York University Journal of International Law and Politics
    Recipient, Lillian and Isidore Halpern Award for Excellence in Trial Practice
  • University of Wisconsin, Madison (B.A., Political Science, 1972)

  • New York
  • United States Supreme Court
  • United States Courts of Appeals for the First, Second, Third, Eleventh and Federal Circuits
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Court of International Trade

Richard H. Silberberg

Partner-in-Charge, Advocacy Group
New York
P: (212) 415-9231
F: (646) 607-5902
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Mr. Silberberg is the Partner-in-Charge of the firm's global litigation, intellectual property and regulatory practices, Co-Chair of the Class Action Litigation practice group, and a member of the Management Committee.

Mr. Silberberg has a highly diversified commercial and international litigation practice which emphasizes the representation of domestic and foreign suppliers in consumer and business product class actions and other multi-party litigation matters arising out of dealership, distributorship and franchise agreements and relationships. 

Mr. Silberberg also represents litigants in a broad range of other complex commercial litigation and arbitration proceedings involving claims of antitrust, RICO and securities law violations; business torts; defamation; employment discrimination; fraudulent conveyances; invasion of privacy; trademark infringement; misappropriation of trade secrets; and unfair competition. 

In addition, as a member of the American Arbitration Association’s Commercial and Large Complex Case Panels, and court-annexed alternative dispute resolution panels for the United States District Courts for the Southern and Eastern Districts of New York, Mr. Silberberg has arbitrated more than 100 complex commercial and international disputes, and has mediated dozens of other disputes.

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Representative Litigation

  • Aryeh v. Canon Business Solutions, Inc., 111 Cal. Rptr. 3d 211 (Cal. App. 2 Dist. June 22, 2010) (lead defense counsel to defendant retailer and servicer of business equipment in class action involving claims of unfair competition; dismissal of complaint affirmed on appeal)
  • Amar, et al. v. Canon U.S.A., Inc., No 2:08 Civ 04329 (E.D.N.Y) (lead defense counsel to defendant business equipment distributor in putative nationwide class action alleging race discrimination in connection with assignment of customer accounts)
  • Ross, et al. v. Bank of America, N.A. (USA), et al., Case No. 05 Civ. 7116 (S.D.N.Y.) (lead defense counsel to defendant alternative dispute resolution provider in putative antitrust class action)
  • In re Canon Cameras Litigation, 237 F.R.D. 357 (S.D.N.Y. 2006) (lead defense counsel to defendant camera manufacturer in putative nationwide class action involving claims of breach of warranty, unjust enrichment and violation of state consumer protection statutes; motion for class certification denied)
  • Dowhal v. Amazon.com, Inc., et al., Case No. CGC-03-417080 (Superior Court of California, San Francisco County) (lead counsel to defendant printer manufacturer in representative action involving claims of unfair competition and false advertising)
  • The Rhulen Company, Inc. v. Canon U.S.A., Inc., 68 Cal. App. 4th 1, 79 Cal. Rptr. 2d 897 (Cal. App. 2 Dist. 1998) (lead defense counsel to defendant business equipment manufacturer in putative nationwide retailer class action involving claims of fraud, negligent misrepresentation, breach of warranty and unfair competition; motion for class certification denied)
  • Santiago v. Canon U.S.A., Inc., 1997 WL 188453 at *3 (D.P.R. Mar. 7, 1997), aff’d, 138 F.3d 1 (1st Cir. 1998) (lead defense counsel in action for breach of Puerto Rico Dealer’s Act and gender discrimination; summary judgment for defendant affirmed on appeal)
  • Sure Energy, Inc. v. Daewoo International (America) Corp., No. 95 Civ. 1022 (E.D.N.Y. 1995) (lead defense counsel in customer’s action against supplier of goods for breach of contract, breach of warranty, tortious interference with contract, fraud, negligent misrepresentation and violation of federal trademark and RICO statutes; defendant’s motion to dismiss granted)
  • Matter of Joseph Morris v. New York State Department of Taxation and Finance, 82 N.Y.2d 135, 603 N.Y.S.2d 807, 623 N.E.2d 1157 (1993) (lead defense counsel in action by state taxing authorities to pierce corporate veil to impose liability for sales and use tax upon corporate officer; action dismissed by New York Court of Appeals; leading New York case on standards for piercing corporate veil under New York law)
  • Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3 (1st Cir. 1992), cert. denied, 113 S. Ct. 1416 (1993) (co-lead defense counsel in antitrust action; directed verdict for defendant affirmed on appeal)
  • National Micrographics Systems, Inc. v. Canon U.S.A., Inc., 825 F. Supp. 671 (D.N.J. 1993) (lead defense counsel in dealer's action against supplier for breach of contract)
  • K. Kay Shearin v. Canon U.S.A., Inc., 937 F.2d 598 (3d Cir. 1991) (co-lead defense counsel in antitrust action; dismissal affirmed on appeal)
  • Reitz v. Canon U.S.A., Inc., 695 F. Supp. 552 (S.D. Fla. 1988) (lead defense counsel in employee’s action against employer for violations of state antitrust laws; defendant’s motion to dismiss granted)
  • Bon Jour International, Ltd. v. Nissho-Iwai Hong Kong Corporation Ltd. and Nissho-Iwai American Corporation, Case No. 02770/84 (Sup. Ct. N.Y. Co. 1985) (lead defense counsel in action against supplier of goods for breach of contract; defendant’s motion to dismiss granted)
Alternative Dispute Resolution Experience and Training
  • Panel of Mediators, Mandatory Mediation Program, U.S. District Court, Southern District of New York, 1992-present
  • Panel of Arbitrators, Plan of Court-Annexed Arbitration, U.S. District Court, Eastern District of New York, 1987-present
  • Panels of Mediators and Arbitrators, American Arbitration Association, 1988-present
  • Member, National Academy of Distinguished Neutrals, 2010-present
  • Fellow, College of Commercial Arbitrators, 2007-present
  • Member, London Court of International Arbitration, 2000-present
  • Center for Public Resources Mediation Training, 1992
  • AAA Train the Trainer Program, 1998
  • AAA Commercial Arbitrator Training Workshops, 1992, 1998, 2001 2002, 2003 and 2005

Presentations

Mr. Silberberg's speaking engagements include:
  • Instructor, “Chairing an Arbitration Panel: Managing Procedures, Process and Dynamics,” American Arbitration Association, October 2005, October 2010
  • Instructor, “Interim Relief in Arbitration,” American Arbitration Association, October 2005
  • Instructor, “Best Practices for Arbitrating Large Complex Cases,” American Arbitration Association, September 2005
  • Panelist, “Optimizing the Hearing,” American Arbitration Association, October 2004 and May 2005
  • Instructor, “Best Practices in Complex Arbitration,” American Arbitration Association, April 2005
  • Panelist, “Straight Talk About B2B Arbitration,” American Arbitration Association and National Law Journal, May 2004
  • Panelist, “Best Practices in Large, Complex Cases: A Practitioner’s Roundtable,” Dispute Resolution Journal, May-June 2004
  • Panelist, “Antitrust Injury: Adding Insult to Injury,” Antitrust Law Section, American Bar Association, 2002
  • Instructor, “Drafting Effective Arbitration Clauses,” American Arbitration Association, May 2002
  • Panelist, New Jersey Commission on Professionalism in Law, September 2002
  • Panelist, “Representing Clients in Court Ordered and Other Mediations,” Association of the Bar of the City of New York, October 1999
  • Panelist, “What the Business Lawyer Needs to Know About ADR,” Practising Law Institute, January 1998 and June 1999

Professional Activities

  • Board of Directors, Lawyers' Committee for Civil Rights Under Law, 1992-present
  • Board of Directors, The Fund for Modern Courts, 1999-present; Executive  and Audit Committees, 2005-present
  • Board of Directors, New York University Law Alumni Association, 2002-2006
  • Board of Directors, High 5 Tickets to the Arts, 1999-2009; Executive Committee, 2002-2009
  • Franchise and Dealership Committee, Antitrust Law Section, American Bar Association
  • ADR, Antitrust Litigation and International Litigation Committees, Litigation Section, American Bar Association
  • Dispute Resolution Section, American Bar Association
  • Committee on Federal Procedure, Commercial and Federal Litigation Section, New York State Bar Association
  • Federal Bar Council, Association of the Bar of the City of New York, New York State Bar Association and American Bar Association

Attorney Articles

August 2008
"McLaughlin v. American Tobacco Co.: Raising the Bar Even Higher for Fraud-Based Consumer Class Actions," Andrews Class Action Litigation Reporter
May 19, 2008
"Product Defect Suits and Failure to Manifest," New York Law Journal
April 26, 2002
"Antitrust Injury in Dealer Termination Cases: One Standard or Two?," Antitrust Law Section, American Bar Association
April 12, 1994
"'Morris' Fortifies the Corporate Veil," New York Law Journal