Richard H. Silberberg

Richard H. Silberberg




Rich's clients rely on his four decades of experience to provide them with effective strategies to avoid business disputes. But when litigation is necessary, Rich's clients count on him to lead highly-skilled and efficient trial teams that are dedicated to achieving their business objectives.

Rich has served as lead counsel in domestic and international litigation, arbitration, and administrative proceedings involving claims of antitrust, FCA, RICO and securities law violations; business torts; dealer, distributor and franchise terminations; defamation and invasion of privacy; employment discrimination; infringement of intellectual property rights; misappropriation of trade secrets; products liability; and unfair competition. These claims have arisen in a wide variety of industry sectors including banking and financial services; biotechnology; food and beverage; entertainment; food and agriculture, healthcare; life sciences, manufacturing; pharmaceuticals; product distribution; professional services; real estate; professional sports; technology; and transportation.

Rich's litigation practice is bolstered by his experience and reputation as a leader in the field of alternative dispute resolution, having been named by Best Lawyers® as Arbitration Lawyer of the Year in New York for 2022, and recognized by Chambers Global and Chambers USA for International Arbitrators since 2018. He is a member of the American Arbitration Association-International Centre of Dispute Resolution Council, a Past President of the College of Commercial Arbitrators, a Director of the New York International Arbitration Center, and is on the roster various dispute resolution tribunals around the world, including the American Arbitration Association, the International Centre for Dispute Resolution, the ICC International Court of Arbitration, and the International Institute for Conflict Prevention and Resolution.

Rich is also a Firm leader. He is currently Co-Chair of its International Arbitration & Litigation and Class Action Litigation Groups, and has previously served as Chair of the Firm's Policy Committee (Board of Directors), as Partner-in-Charge of its Global Litigation, Intellectual Property and Regulatory practices, as a member of its Management Committee, and as its New York Office Head.

Education & Admissions

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
  • U.S. Supreme Court
  • U.S. Courts of Appeals for the First, Second, Third, Ninth, Eleventh and Federal Circuits
  • U.S. District Courts for the Southern, Eastern and Northern Districts of New York
  • U.S. Court of International Trade


Representative Litigation

  • Leacraft, et al. v. Canon U.S.A., Inc., (E.D.N.Y. 2022) (lead counsel to defendant business equipment supplier in putative class action alleging violations of state consumer protection statutes)
  • Kamins v. The Empire Plan, et al., 171 A.D.3d 715, 98 N.Y.S.3d 96 (2d Dept. 2019); 2019 N.Y. App. Div. LEXIS 2504*; 2019 NY Slip Op. 02507 (lead counsel to health care plan and plan administrator in putative class action alleging violations of New York mental health parity statute; motion to dismiss claim asserting private right of action granted; dismissal affirmed on appeal)
  • In re Dental Supplies Antitrust Litigation, 2017 U.S. Dist. LEXIS 153265*, 2017 WL 4217115* (E.D.N.Y. Sept. 20, 2017) (motion to dismiss granted)
  • SymQuest Group, Inc. v. Canon U.S.A., Inc., No. 15 cv 4200, 2016 WL 2855501 (E.D.N.Y. May 16, 2016) (lead counsel to defendant business equipment supplier in action alleging that supplier's failure to provide spare parts, consumable supplies and online technical support to dealer acquired by competitor breached dealer agreement and tortiously interfered with dealer's customer contracts; motion for preliminary injunction denied and motion to dismiss granted)
  • New York State Psychiatric Association, et al. v. UnitedHealth Group, et al., No. 13 CV 1599, 980 F. Supp. 2d 527 (S.D.N.Y. 2013), aff'd in part and rev'd in part, 798 F. 3d 125 (2d Cir. 2015) (co-lead counsel to defendant health insurer in putative class action alleging violations of federal and state mental health parity laws)
  • Paduano, et al. v. Express Scripts, Inc. et al., (E.D.N.Y. 2014) (co-lead counsel to defendant pharmaceutical benefits manager in putative class action alleging violations of federal and state antitrust laws and state unfair competition laws)
  • Barrett, et al. v. Canon U.S.A., Inc., (S.D.N.Y. 2014) (lead counsel to defendant business equipment supplier in consolidated putative class actions alleging violations of state consumer protection statutes)
  • Steven Jones, et al. v. Canon Solutions America, Inc., (C.D. Cal. 2013) (co-lead counsel to defendant business equipment retailer and servicer in putative class action alleging violations of federal and state wage-and-hour laws)
  • Evolution Capital Management, LLC, et al. v. CDC Software Corporation, et al., (Sup. Ct., N.Y. Co. 2012) (co-lead defense counsel for independent directors of NASDAQ-listed company in action alleging tortious interference with contract, tortious interference with prospective business relations, breaches of fiduciary duty, malicious prosecution, and libel)
  • Amar, et al. v. Canon U.S.A., Inc., (E.D.N.Y. 2012) (lead 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. (S.D.N.Y. 2012) (lead 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 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)
  • Aryeh v. Canon Business Solutions, Inc., 111 Cal. Rptr. 3d 211 (Cal. App. 2 Dist. June 22, 2010) (lead counsel to defendant retailer and servicer of business equipment in class action involving claims of unfair competition)
  • Dowhal v., Inc., et al., (Superior Ct., San Francisco Co., 2010) (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 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)
  • 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)

Alternative Dispute Resolution Experience

  • President, 2017-2018, and Fellow, 2007-2023, College of Commercial Arbitrators
  • Board of Directors, 2015-2023, and Executive Committee, 2015-2018, New York International Arbitration Center
  • Fellow, Chartered Institute of Arbitrators, 2021-2023
  • Fellow, American College of Civil Trial Mediators, 2021-2023
  • More than 30 years of experience as arbitrator and mediator of complex commercial disputes for tribunals throughout the world, including American Arbitration Association (Large, Complex Case and International Arbitration Panels; Master Mediation Panel), International Center for Dispute Resolution, ICC International Court of Arbitration, International Institute for Conflict Prevention & Resolution (Cross-Border and Franchise Panels), and ad hoc and court-annexed arbitration and mediation tribunals, including U.S. District Court for Eastern District of New York Court- Annexed Arbitration Panel and U.S. District Court for Southern District of New York Court-Annexed Mediation Panel
  • Panel Chair, Co-Arbitrator, Sole Arbitrator, Emergency Arbitrator, and Joinder Arbitrator in approximately 350 complex, high-value, commercial arbitration cases (including class arbitrations). More than 30 Panel Chair appointments since 2018. , Mediator of approximately 300 complex commercial disputes. Service as neutral in following industry sectors: aviation; agriculture; banking & financial services; biotechnology; construction, design, and real estate; corporate governance; employment; energy; entertainment; food, beverage, and hospitality; franchising (hotels, mobile storage; real estate syndication; restaurants; wireless telecommunications); healthcare; infrastructure; insurance (D&O, disability, health/medical, marine, property and theft, professional liability); intellectual property; life sciences; law, accounting, and other professional services; manufacturing; media; mergers, acquisitions, and other corporate transactions; motion pictures; pharmaceuticals; publishing; product distribution; professional sports (baseball, rugby, soccer);  technology; theater; and transportation.

Representative Cases Serving as Arbitrator

Illustrative experience as a commercial arbitrator include cases involving the following:

  • BANKING & FINANCIAL: Agreements involving asset purchase; investment banking; hedge funds; investment management; joint ventures; loans and guarantees; membership interest valuations; mergers & acquisitions (e.g., breaches of representations and warranties, post-merger adjustments); stock purchases and redemptions; venture capital financing
  • BIOTECHNOLOGY, LIFE SCIENCES & PHARMACEUTICAL: Best efforts, commercialization, development, joint-marketing. Licensing, manufacturing, research grant funding, and take-or-pay agreements
  • BUSINESS TORTS: Defamation; invasion of privacy; product disparagement; unfair competition
  •  CONSTRUCTION, DESIGN & REAL ESTATE: Construction, interior design, and real estate acquisition, brokerage & syndication agreements
  • CORPORATE GOVERNANCE: Shareholder agreements; limited liability company & partnership operating agreements; breaches of fiduciary duties; freeze outs
  • EMPLOYMENT: Senior management-level consulting & employment agreements; executive compensation & benefit arrangements; bonuses and earn-out/incentive plans; employment discrimination; sexual harassment; wage-and-hour claims
  • ENTERTAINMENT & MEDIA: Media spokesperson endorsement agreements; book, motion picture & theatrical commercialization, and development rights agreements; concert/festival sponsorship agreements
  • ENERGY INFRASTRUCTURE & OUTSOURCING: Electricity, oil & gas, solar & wind energy agreements; municipal water/waste system operation; coal mine valuation; IT and finance infrastructure and outsourcing agreements
  • FOOD, BEVERAGE & HOSPITALITY: International food, beverage, and ingredient supply agreements; hotel operator agreements; short-weight/slack-fill claims
  • FRANCHISING: Franchise, sub-franchise, and area development agreements in hotel, mobile storage, real estate brokerage, restaurant, and wireless telecommunications sectors
  • HEALTHCARE: Payor/provider disputes; insurer/network pharmacy disputes; mental health parity disputes; outsourcing & vendor disputes; healthcare corporate transactions, including mergers and acquisitions & joint ventures; medical/dental practice acquisition, operating & partnership agreements; pharmacy benefits manager agreements
  • INSURANCE: D&O, disability, general liability, marine, property & theft, and professional liability. including coverage disputes and defense and indemnification obligations
  • INTELLECTUAL PROPERTY: Copyright grant agreements; patent & trademark infringement claims; intellectual property licensing and transfers; misappropriation of trade secrets
  • LAW & ACCOUNTING: Legal and accounting malpractice; law and accounting firms' termination of partners; litigation/arbitration funding agreements; executive & professional recruiting agreements
  • MERGERS & ACQUISITIONS: Breaches of representations & warranties; violations of earn out provisions; post-merger purchase adjustments; breaches of non-competition & non-solicitation covenants
  • PRODUCT DISTRIBUTION: Cancellations/terminations and other aspects of manufacturing, wholesale distributor, retail dealer, procurement, supply, consignment, lease, sales representative and other agreements in automobile, biotechnology, business equipment, energy, food and beverage, hospitality, medical device, pet product, pharmaceuticals, professional sports, technology, wireless telecommunications, and other sectors
  • PROFESSIONAL SPORTS: Television revenue sharing, marketing, and licensing agreements involving professional baseball, rugby, and soccer league franchises; international sports & entertainment license and promotional agreements 
  • TRANSPORTATION: Aircraft acquisition and partnership agreements; airline route sharing agreements

News & Resources


Co-Author, Debunking Misperceptions: The Upsides of Commercial Arbitration, ABA Litigation Journal (2021) and American Arbitration Association Dispute Resolution Journal (2022)
Co-Author, "Arb-Med: Workable or Worrisome?," New York Dispute Resolution Lawyer
Co-Author, "It’s Never Too Late to Arbitrate," New York Dispute Resolution Lawyer
"McLaughlin v. American Tobacco Co.: Raising the Bar Even Higher for Fraud-Based Consumer Class Actions," Andrews Class Action Litigation Reporter
"Product Defect Suits and Failure to Manifest," New York Law Journal
"Antitrust Injury in Dealer Termination Cases: One Standard or Two?," Antitrust Law Section, American Bar Association
"'Morris' Fortifies the Corporate Veil," New York Law Journal

News & Press Mentions

To Arbitrate or Not to Arbitrate: That is the Question
Super Lawyers Recognizes 10 Dorsey Lawyers in New York
200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Chambers USA 2023 Recognizes Dorsey Lawyers and Practices in New York
Chambers USA 2023 Recognizes Dorsey Lawyers and Practices
Chambers Global 2023 Recognizes Dorsey Partners and Practices
Richard Silberberg to Serve on the Council of the AAA-ICDR
Dorsey Partner Richard Silberberg on Effects of Mandatory Arbitration Exemption
Dorsey Partner Richard Silberberg Quoted on Circuit Splits Cloud Transportation Worker Arbitration Carveout
Dorsey Partner Richard Silberberg Discusses Who May be Exempt from Mandatory Arbitration
Dorsey Partner Richard Silberberg Quoted on Historic SCOTUS Arbitration Ruling
Dorsey Partner Richard Silberberg Discusses How a Supreme Court Ruling Shows How Textualism Can Favor Worker
Dorsey Partner Richard Silberberg on Supreme Court Ruling on Mandatory Arbitration of PAGA Claims
Dorsey Partner Richard Silberberg Discusses High Court Transpo Worker Carveout Limits Arbitration Pacts
Dorsey Partner Richard Silberberg Discusses Supreme Court Expands Reach of Federal Arbitration Carveout
Dorsey Partner Richard Silberberg on Baggage Handler Winning Arbitration Dispute Against Southwest Airlines
Chambers USA 2022 Recognizes Dorsey Lawyers and Practices
Dorsey Partner Richard Silberberg Discusses Supreme Court's Decision that Federal Appeal Court Overstepped Authority in Dispute Over Worker’s Class Action Overtime Case Against Taco Bell - Bloomberg Law
Dorsey Partner Richard Silberberg Comments on the Supreme Court Striking Taco Bell Franchise’s Arbitration Win
Dorsey Partner Richard Silberberg on Supreme Court Declining to Send Overtime Claim to Arbitration
Dorsey Partner Richard Silberberg on the Supreme Court Rejecting Arbitration Waiver Rules in Taco Bell Franchise Overtime Suit
Richard Silberberg Settles "To Kill a Mockingbird" Arbitration
Chambers Global 2022 Recognizes Dorsey Partners and Practices
Super Lawyers Recognizes 11 Dorsey Lawyers in New York
Dorsey New York Lawyers Selected for Inclusion in 2022 The Best Lawyers in America and Lawyers of the Year


To Arbitrate or Not to Arbitrate: That is the Question

Select Presentations

  • Faculty, "Well Managed Preliminary Hearings," American Arbitration Association (“AAA”) - International Centre for Dispute Resolution (“ICDR”), Neutrals Conference, March 2023
  • Panelist, "What You Need to Know About Arbitrator Selection," American Bar Association ("ABA") Business Law Section, March 2023
  • Faculty, ABA Arbitration Training Institute, March 2023
  • Faculty, ABA Advanced Mediation Skills & Advocacy Institute, December 2022
  • Moderator, “Don’t Just Go Through the Motions: How to Increase Your Chances of Obtaining Relief Through Motions in Arbitration," College of Commercial Arbitrators (“CCA”) and Juris Publishing, September 2022
  • Moderator, "How To Win Your Case at the Preliminary Hearing," CCA and Juris Publishing, October 2021 
  • Panelist, "Lessons Learned from Remote Proceedings," Garibalidi Inn of Court for ADR, September 2021
  • Panelist, "Virtual Arbitration and Mediation of Complex Cases: Lessons Learned," Silicon Valley Arbitration and Mediation Center, 2020
  • Faculty, Commercial Arbitration Training Program, New York State Bar Association ("NYSBA") Dispute Resolution Section, June2015-June 2023
  • Panelist, "No Risk, No Reward--How Creativity, Resourcefulness and Confidence Can Change the Face of Resolving Disputes," American Bar Association ("ABA") Section of Dispute Resolution, April 2019
  • Panelist, "Mediation Advocacy," NYSBA Dispute Resolution Section, March 2019
  • Panelist, "A Delicate Balance: Arbitrating Your Client's Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost Savings," ABA Section of Litigation and Solo, Small Firm and General Practice Division, 2019
  • Panelist, "Administered v. Ad Hoc Arbitration: Procedural Dilemmas for the Arbitrator in Complex Cases," AAA and Practical Law/Thompson Reuters, September 2018
  • Panelist, "Ethical Issues in Arbitration and Med/Arb: Problems and Ethical Cures," ABA Section of Dispute Resolution, May 2018
  • Panelist, "Cutting Edge Topics in Commercial Arbitration," AAA and New York Law School, April 2017 – April 2023
  • Plenary Speaker, Georgia Arbitration Institute, 2015
  • Panelist, "Managing the Evidentiary Hearing," ABA Section of Dispute Resolution, May 2017
  • Panelist, "The 'How To' of Presenting Damages in Arbitration," AAA, 2015
  • Panelist, "Dispositive Motions: When to Make Them; When to Grant Them," AAA, 2015
  • Panelist, "Building a Sustainable ADR Practice, "NYSBA Dispute Resolution Section, 2015
  • Panelist, "Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation," AAA, 2015
  • Panelist, "Managing Your First Arbitration" and "Managing a Successful Arbitration," AAA/CCA, 2014-2018
  • Panelist, "The Preliminary Hearing: Preliminary, But Not Just Procedural," AAA, 2014
  • Panelist, "Four Roundtables in Times Square - Putting the Spotlight on International Arbitration on Broadway," ICDR/IBA, 2011
  • Faculty, "Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics," AAA, 2005 and 2010
  • Faculty, "Seeking Interim Relief In Arbitration," AAA, 2005
  • Faculty, "Best Practices For Arbitrating Large Complex Cases," AAA, 2005
  • Faculty, "Optimizing the Hearing," AAA, 2004 and 2005 ; Faculty, "Best Practices in Complex Arbitration," AAA, 2005
  • Panelist, "Mediation - The Future for Corporate Disputes," ACQUISITION INTERNATIONAL," February 2012
  • Panelist, "Straight Talk About B2B Arbitration," AAA and National Law Journal, May 2004
  • Panelist, "Best Practices in Large, Complex Cases: A Practitioner's Roundtable," DISPUTE RESOLUTION JOURNAL, May-July 2004
  • Panelist, "The Antitrust Injury Doctrine: Adding Insult to Injury?" ABA, April 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, 1999
  • Panelist, "What the Business Lawyer Needs to Know About ADR," Practicing Law Institute, 1998 and 1999

Industries & Practices

  • Antitrust & Competition Law
  • Class Action Litigation
  • Commercial Litigation
  • Food, Beverage & Agribusiness
  • Franchise & Distribution Law
  • Healthcare & Life Sciences
  • International Arbitration & Litigation
  • Labor & Employment
  • Technology

Professional & Civic

Professional Achievements

  • Lawyers' Committee for Civil Rights Under Law, Board of Directors, 1992-present
  • The Fund for Modern Courts, Treasurer, 2014-present, Executive Committee, 2005-present; Board of  Directors, 1999-present
  • High 5 Tickets to the Arts, Board of Directors, 1999-2009; Executive Committee, 2002-2009
  • International Commercial Disputes Committee, Association of the Bar of the City of New York, 2016-2019
  • Dispute Resolution Section, New York State Bar Association, Executive Committee, 2013-2017
  • Franchise and Dealership Committee, Antitrust Law Section, American Bar Association
  • ADR, Antitrust Litigation and International Litigation Committees, Litigation Section, American Bar Association


Richard Silberberg Chambers 2023Ranked in Chambers Global 2022 Richard H. SilberbergRichard H Silberberg Best Lawyers 2022

Chambers 2022Chambers USA 2021  Ranked in Chambers USA 2020 Richard H. Silberberg  Ranked in Chambers USA 2019 Leading Individual  Chambers USA 2018 Leading Individual

  • Chambers Global (International Arbitration: Arbitrators), 2022-2023
  • Chambers USA (International Arbitration: Arbitrators), 2018-2023
  • Best Lawyers in America®, Arbitration and Mediation, 2007-2024
  • International Who's Who of Commercial Mediation, 2011-2023 (only 19 mediators recognized in New York and 105 nationally)
  • Best Lawyers® Arbitration Lawyer of the Year, in New York, 2022
  • New York Super Lawyers, Business Litigation, 2007-2022
  • The Lawyer Network's “International Alternative Dispute Resolution Law Firm of the Year in New York, 2021-2022

Contributed 100+ Pro Bono Hours in 2021Contributed 50+ Pro Bono Hours in 2020


  • Contributed more than 100 Challenge pro bono hours, 2021
  • Contributed more than 50 Challenge pro bono hours, 2020
  • Acquisition International's 2016 M&A Advisor Awards for “Best Corporate Dispute Specialist 2016 – USA”
  • Global Law Experts' “International Alternative Dispute Resolution Law Firm of the Year in New York - 2016”
  • Client Choice for Excellence in Client Service - New York, Competition & Antitrust, 2018 (Nominated by Dorsey Client, Burkhart Dental Services, Tacoma, Washington)
Richard H. Silberberg