Richard H. Silberberg
PEOPLE

Richard H. Silberberg

Partner
silberberg.richard@dorsey.com

Overview

AS A TRUSTED ADVISOR TO SOME OF THE WORLD'S MOST PROMINENT COMPANIES, RICH MAKES IT HIS BUSINESS TO KNOW THEIR BUSINESSES AND TO HELP THEM ACHIEVE THEIR GOALS. 

Rich’s clients include world renowned manufacturing, healthcare, professional services and technology companies.  These 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 leads trial teams 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; trademark infringement; misappropriation of trade secrets; products liability; and unfair competition. These claims have arisen in a wide variety of industry sectors including bank and financial services; agriculture, food and beverage; healthcare; manufacturing; product distribution; professional services; pharmaceutical; real estate; and professional sports.

Rich’s litigation practice is bolstered by his experience and reputation as a leader in the field of alternative dispute resolution.  He is a Past President of the College of Commercial Arbitrators; a Director (and a member of the Executive Committee) of the New York International Arbitration Center; and a member of various dispute resolution organizations and tribunals around the world, including the American Arbitration Association, the International Centre for Dispute Resolution, the ICC International Court of Arbitration, the International Institute for Conflict Prevention and Resolution and the London Court of International Arbitration.

Rich is also a Firm leader.  He is Co-Chair of the Firm's International Arbitration & Litigation and Class Action Litigation Groups.  He previously served as Chair of the Firm's Policy Committee, 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)

Admissions

  • 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

Experience

Representative Litigation

  • 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. Amazon.com, 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

  • 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, London Court of International 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
  • President, 2017-2018, and Fellow, 2007-2021, College of Commercial Arbitrators; Board of Directors, 2015-2021, and Executive Committee, 2015-2018, New York International Arbitration Center; Fellow, Chartered Institute of Arbitrators, 2021; Fellow, American College of Civil Trial Mediators, 2021
  • Listed in Chambers Global for International Arbitrators, 2018-2021; Best Lawyers in America for Arbitration and Mediation, 2006-2021; International Who's Who of Commercial Mediation, 2011-2021
  • Panel Chair, Co-Arbitrator, Sole Arbitrator and Emergency Arbitrator in approximately 300 complex, high-value, commercial arbitration cases (including class arbitrations), author of dozens of reasoned arbitration awards, and mediator of approximately 250 complex commercial disputes in the following industry sectors: aviation; agriculture; banking & financial services; biotechnology; construction and design; entertainment; food and beverage; franchising (hotels, mobile storage; real estate syndication; restaurants; wireless telecommunications); healthcare; hospitality; insurance (D&O, health/medical, marine, property, professional liability); law, accounting and other professional services; manufacturing; media; pharmaceutical; publishing; product distribution; real estate; professional sports (baseball, rugby, soccer); and technology

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; mergers & acquisitions (e.g., breaches of representations and warranties, post-merger adjustments); stock purchases and redemptions; membership interest valuations
  • BUSINESS TORTS: Defamation; invasion of privacy; product disparagement; unfair competition
  • BIOTECHNOLOGY & PHARMACEUTICAL: Best efforts, commercialization, development, licensing and joint-marketing agreements
  • CONSTRUCTION, REAL ESTATE & DESIGN: Construction; real estate brokerage & syndication; interior design
  • 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, including bonuses & earn-out/incentive plans; employment discrimination; sexual harassment; wage-and-hour class arbitration
  • ENTERTAINMENT & MEDIA: National media spokesperson endorsement agreements; book, motion picture & theatrical development rights agreements; concert/festival sponsorship agreements
  • ENERGY, INFRASTRUCTURE & TECHNOLOGY: Management and operation of municipal water/waste system; valuation of coal mines; technology infrastructure agreements; international technology sales representative 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 industry sectors
  • HEALTHCARE & INSURANCE: D&O, general liability, marine, property & theft insurance policies, including coverage disputes and defense and indemnification obligations; mental health parity requirements; medical/dental practice acquisition & partnership agreements; pharmacy benefits manager agreements with network pharmacies
  • INTELLECTUAL PROPERTY: Copyright grant agreements; patent & trademark infringement
  • LAW & ACCOUNTING: Legal and accounting malpractice; law and accounting firms' termination of partners and obligations to departed partners; litigation/arbitration funding agreements; executive & professional recruiting agreements
  • PRODUCT DISTRIBUTION: Cancellations/terminations and other aspects of manufacturing, wholesale distributor, retail dealer, consignment, lease, sales representative and other agreements in automobile, biotechnology, business equipment, energy, food and beverage, hospitality, medical device, pet product, pharmaceutical, professional sports, technology, wireless telecommunications and other industry sectors
  • PROFESSIONAL SPORTS: Television revenue sharing, marketing & licensing agreements involving professional baseball, rugby and soccer league franchises; international sports & entertainment license and promotional agreements 
  • TRANSPORTATION: Aircraft license agreements and airline route sharing agreements

News & Resources

Articles

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

Super Lawyers Recognizes 13 Dorsey Lawyers in New York
Super Lawyers Recognizes 15 Dorsey Lawyers in New York
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Super Lawyers Recognizes 19 Dorsey Lawyers in New York
Seven Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2019
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in New York
Dorsey Partner Richard Silberberg Recognized by Client Choice for Competition & Antitrust
Dorsey & Whitney Partner to Helm Commercial Arbitrator Body
Dorsey Partner Richard H. Silberberg Named President of College of Commercial Arbitrators
Super Lawyers Recognizes 19 Dorsey Lawyers in New York
Six Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2018
Dorsey Partner Richard Silberberg Comments on Nursing Home Arbitration Case
Super Lawyers Recognizes 18 Dorsey Lawyers in New York
6 Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2017
Dorsey Recognized by Global Law Experts in 11 Practice Areas
Dorsey Wins Five 2016 M&A Awards
Dorsey Partner Richard Silberberg Remarks on Canon Antitrust Class Action
Super Lawyers Recognizes 20 Dorsey Lawyers in New York
8 Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America 2016
Dorsey Attorneys Sant and Silberberg Comment on US Companies Doing Business in PRC
“The Cost of Doing Business,” Beijing Review
Dorsey Attorneys Sant and Silberberg Discuss Legal Challenges Chinese Companies Encounter
Super Lawyers Recognizes 17 Dorsey Lawyers in New York
Super Lawyers Recognizes 18 Dorsey Lawyers in New York

Select Presentations

  • 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, June 2015-June 2020
  • 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," American Arbitration Association ("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 2021, April 2018, April 2017
  • 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 (ACE005), 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
  • 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

Accolades

Contributed 50+ Pro Bono Hours in 2020
  • Contributed more than 50 Challenge pro bono hours, 2020

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

  • Named one of “America’s Leading Business Lawyers” by Chambers USA (International Arbitration: Arbitrators), 2018-2021
  • Best Lawyers in America®, 2007-2021
  • New York Super Lawyers, 2007-2021
  • Recognized by Client Choice for Excellence in Client Service - New York, Competition & Antitrust, 2018 (Nominated by Dorsey Client, Burkhart Dental Services, Tacoma, Washington)
  • International Who's Who of Commercial Mediation, 2011-2021 (only 19 mediators recognized in New York and 105 nationally)
  • Recognized by Acquisition International's 2016 M&A Advisor Awards for “Best Corporate Dispute Specialist 2016 – USA”
  • Recognized by Global Law Experts as “International Alternative Dispute Resolution Law Firm of the Year in New York – 2016” 
Richard H. Silberberg