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, health care, professional services and technology companies.  These clients rely on Rich’s four decades of litigation experience to provide them with effective strategies to avoid business disputes.  But when complex commercial litigation is indicated, they 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. 

Having served as a neutral arbitrator and mediator in more than 300 cases, Rich’s litigation practice is bolstered by his experience and reputation as a leader in the field of alternative dispute resolution. He currently serves as Vice President of the College of Commercial Arbitrators, as a member of the Board of Directors (and Executive Committee) of the New York International Arbitration Center, the Executive Committee of Dispute Resolution Section of the New York State Bar Association, and various dispute resolution organizations and tribunals around the world, including the American Arbitration Association, the International Centre for Dispute Resolution, the International Institute for Conflict Prevention and Resolution and the London Court of International Arbitration.

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

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

  • 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)
  • Kamins v. The Empire Plan, et al. (Sup. Ct. Suffolk Co. 2014) (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)
  • 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


  • College of Commercial Arbitrators, 2007-present, Vice President, 2015-2016, Board of Directors, 2012-present
  • American Arbitration Association, Large Complex Case and Commercial Arbitration Panels, 1988-present
  • American Arbitration Association, Master Mediation Panel, 2016-present; Mediation Roster, 1988-present
  • U.S. District Court, Southern District of New York, Panel of Mediators, 1992-present
  • U.S. District Court, Eastern District of New York, Panel of Arbitrators, 1987-present
  • International Institute for Conflict Prevention and Resolution (CPR), Panel of Distinguished Neutrals, 2013-present
  • National Academy of Distinguished Neutrals, 2010-present
  • New York Academy of Mediators and Arbitrators, 2010-Present
  • Chartered Institute of Arbitrators, 2013-present
  • International Arbitration Club of New York, 2012-present
  • London Court of International Arbitration, 2000-present

News & Resources

Articles

"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

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

Rich's speaking engagements include:


  • Panelist, “Arbitration Update,” College of Commercial Arbitrators, October 2016, October 2015
  • Panelist, “Commercial Arbitration Training for Arbitrators and Counsel,” New York State Bar Association, June 2016, June 2015, June 2014
  • Panelist, “Secrets of Success: Unique Problems in Commercial Arbitration and Best Practices for Managing Them,” American Bar Association, April 2016
  • Panelist, “The ‘How to’ of Presenting Damages in Arbitration,” American Arbitration Association, December 2015
  • Instructor, “Dispositive Motions: When to Make Them; When to Grant Them,” American Arbitration Association, October 2015
  • Panelist, “Building a Sustainable ADR Practice,” New York State Bar Association, May 2015
  • Panelist, “Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation,” American Arbitration Association, April 2015
  • Panelist, “Chinese Companies and U.S. Class Actions,” Benjamin N. Cardozo Law School, March 2015
  • Panelist, “The Preliminary Hearing: Preliminary, Not Just Procedural,” American Arbitration Association, April, 2014
  • Panelist, “Commercial Arbitration Training for Arbitrators and Counsel,” New York State Bar Association, 2013-2015
  • Panelist, “Managing A Successful Arbitration,” College of Commercial Arbitrators, 2013-2015
  • 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

Industries & Practices

  • Antitrust & Competition Law
  • Class Action Litigation
  • Commercial Litigation
  • Franchise & Distribution Law
  • Health Care
  • International Arbitration & Litigation
  • Labor & Employment

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-present 
  • Dispute Resolution Section, New York State Bar Association, Executive Committee, 2013-present
  • Franchise and Dealership Committee, Antitrust Law Section, American Bar Association
  • ADR, Antitrust Litigation and International Litigation Committees, Litigation Section, American Bar Association
  • Committee on Federal Procedure, Commercial and Federal Litigation Section, New York State Bar Association

Accolades

  • Best Lawyers in America©, 2007-2017
  • New York Super Lawyers, 2007-2016
  • International Who's Who of Commercial Mediation, 2011-2016
  • 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