Gerald D. Silver

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Partner
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1633 Broadway
New York, NY 10019
T (212) 660-3096
F (212) 660-3001

Gerry Silver is a partner in the Litigation Group of our New York office. Mr. Silver has unique experience in software, privacy, cloud computing, internet and IT outsourcing disputes. Mr. Silver also regularly represents clients in financial services disputes, IP disputes, employment discrimination/restrictive covenant litigation and other business disputes. Mr. Silver has substantial trial experience in state and federal courts throughout the country, in appellate proceedings, and in U.S. and international arbitration.  

Representative Client Work

  • Successful defense of a custom software developer of a telecommunications system against $100+ million in claims arising out of alleged systems failures
  • Obtained trial verdict in Federal Court — SDNY in software selection and implementation dispute relating to Oracle software
  • Defense of internet companies against claims of violations of online privacy policies and alleged data breaches
  • Representation of cloud computing company to protect it against raiding of key executives
  • Obtained payments in excess of $50 million in connection with complex outsourcing disputes
  • Obtained trial verdict to recover investment banking transaction fee in New York Supreme Court
  • Obtained arbitration award in breach of acquisition agreement proceeding, including full recovery of attorneys’ fees
  • Obtained dismissals in numerous executive employment discrimination actions, including based on race, sex, age, national origin, sexual orientation, religion, retaliation and whistle-blowing under SOX and Dodd-Frank
  • Obtained successful resolution in numerous IP and licensing disputes, including dismissal of alleged trade dress infringement relating to Ray-Ban sunglasses
  • Obtained Ninth Circuit Court of Appeals reversal of award of attorneys’ fees to independent contractor under State of Washington employment statute
  • Representing Cap Gemini S.A. in connection with various tax challenges involving the DOJ and the IRS arising out of Cap Gemini’s purchase of Ernst & Young’s consulting business
  • Obtained arbitration ruling in client’s favor, after full evidentiary hearing, that individual was an Accredited Investor under Reg. D of the Securities Act of 1933
  • Obtained a substantial settlement for systems integrator in dispute over adequacy of SAP Blueprint
  • Represented investment bank in shareholder class action litigation regarding the Bre-X gold mining fraud; certification denied

Speaking Engagements

  • "Lawsuits Suck: Minimizing Risk in Behavioral Advertising and Social Marketing," MITX's FutureM Conference (October 23, 2012)
  • "Privacy & Security of Consumer and Employee Information," American Conference Institute (July 30-31, 2012) 
  • "Litigation and Legislation Update: Using Recent Class Actions and Emerging Congressional Priorities to Shape Your Data Privacy & Information Security Compliance Program," American Conference Institute’s 12th National Legal and Compliance Forum Privacy and Security of Consumer and Employee Information (July 30-31, 2012)
  • "Negotiating and Executing Effective Agreements for Cloud Computing," American Conference Institute (June 6-7, 2012)
  • "Data Manipulation, Retention, Recovery and Access: How to Address Key Terms in Your Contract and Plan for Litigation Holds, E-Discovery and Recovery," American Conference Institute’s 2nd National Forum on Negotiating and Executing Effective Agreements for Cloud Computing, Advanced Strategies for Evaluating Business Benefits, Minimizing Legal Risks and Ensuring the Security of Data in the Cloud (June 6-7, 2012)
  • "International Arbitration Clauses - What to Include and Why," The Kitano, New York (June 5, 2012)
  • "Online Privacy: Impact on the Advertising Model and What to Expect in 2012 and Beyond," Coleman Research Group (March 8, 2012)

Publications

  • Tips For Defending Against Data Breach Class Actions, Law360 (March 8, 2013)
  • Telemarketing Companies, Dish Network Still Await FCC Interpretation of TCPA, Communications Daily (September 4, 2012)
  • 7th Circuit Tosses Injunction Against Social Video-Bookmarking Site, Westlaw Journal Computer and Internet (August 24, 2012)
  • "’Do Not Track’: Online Privacy Litigation Now and in the Future,” Law.com (March 12, 2012)
  • "5 Key Considerations When Litigating Cloud Computing Disputes," Law.com (January 13, 2012)
  • "5 Litigation Tips for Defending Professional Trustees Under the Prudent Investor Act," Law.com (December 19, 2011)
  • "Key Considerations in Information Technology Litigation in the US," German American Chambers of Commerce Legal & Tax Newsletter, Vol. 2 (2011)
  • "Chapter 100: Information Technology Litigation," Commercial Litigation in New York State Courts, Third Edition (Robert L. Haig ed.), West & NYCLA (2010)
  • "Often Overlooked Questions to Ask When Retaining Outside Litigation Counsel," In-House Magazine (May 2008)
  • "Summary Bench Trial: Overlooked, Efficient Resolution," New York Law Journal (March 2007)

Professional & Civic Activities

  • Member, Federal Bar Council, Second Circuit Courts Committee 

News

Seminars & Speaking Engagements

Practices

Bar & Court Admissions

  • New York, 1991
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Supreme Court of the United States

Education

  • J.D., Fordham University School of Law, Associate Editor, The Fordham Law Review, 1990
  • B.S., in accounting, magna cum laude, State University of New York at Albany, 1987