About

Gerry Silver is a litigation partner and leader of the firm’s Litigation Group. Mr. Silver has unique experience in software, privacy, licensing, internet and IT outsourcing and implementation disputes. Mr. Silver also regularly represents clients in financial services disputes, IP disputes, Founder disputes, employment discrimination/restrictive covenant litigation, wrongful denial of insurance coverage cases 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