Daniel Silverman joined the firm in 1999 and and is a member of the Complex Commercial Litigation and Intellectual Property Litigation practice groups.

Experience

Mr. Silverman's practice emphasizes complex commercial litigation, as well as intellectual property litigation. His complex commercial litigation experience includes, among other things, defending securities fraud and RICO class action lawsuits, defending banks in lender liability and fraud actions, and defending unfair competition and unfair business practice class actions. 

Mr. Silverman’s intellectual property litigation experience ranges from defending and prosecuting numerous misappropriation of trade secrets lawsuits, software license agreement disputes, and patent and trademark infringement disputes.

Representative Engagements

Complex Commercial Litigation

• Represented Microsoft in antitrust overcharge class action in Iowa, which settled favorably three months into an anticipated nine month trial. Comes v. Microsoft Corp.
• Represented former CFO of Cryogen, Inc., a medical device company, in a $55 million fraud action brought by American Medical Systems (“AMS”) after the acquisition of Cryogen by AMS. Following a two-week arbitration, the panel dismissed Mr. Silverman’s client and awarded him nearly $1 million in attorneys’ fees and costs. American Medical Systems, Inc. v. Cryogen, Inc., et al.
• Represented the Special Litigation Committee of the board of directors of Applied Micro Circuits Corporation to conduct an investigation into claims of insider trading brought against 17 officers and directors of the company in a shareholder derivative suit.
• Represented QUALCOMM Incorporated in a class action brought by former employees alleging they were entitled to accelerated vesting of their unvested stock options upon QUALCOMM's sale of their division. Damages of $1 billion were sought. After QUALCOMM prevailed on summary judgment dismissing the claims of 97% of the class, the matter was settled for a small fraction of the damages sought, none of which amount was paid by QUALCOMM. Sprague v. QUALCOMM Incorporated.
• Represented QUALCOMM Incorporated in five consolidated actions brought by 125 opt outs of class action of former employees alleging entitlement to accelerate vesting of their unvested stock options upon company’s sale of their division. Damages in excess of $200 million were sought. QUALCOMM prevailed in a series of 10 summary adjudication motions, causing the actions to be dismissed. Hanig, et al v. QUALCOMM Incorporated.
• Represented Sara Lee in class action alleging unfair and fraudulent business practices relating to the sale of Ty-D Bol toilet bowl cleaner. Plaintiffs dismissed the action following our successful demurrer and motion to strike. Brazil v. Sara Lee Corporation.
• Represented Columbia House in class action alleging unfair and fraudulent business practices arising out of 12 CD’s for 1 penny promotion. We prevailed on summary judgment. Phanco v. Columbia House.
• Represented BSR Associates in a complex real estate partnership dispute valued at more than $50 million. The matter was settled during trial on terms favorable to BSR. BSND v. BSR Associates.
• Represented Public Service Company of New Mexico in a federal securities fraud class action seeking in excess of $1 billion in damages. The matter was settled on terms favorable to Mr. Silverman's client. Seigel v. Public Service Company of New Mexico.
• Represented Ohmeda, a division of British Oxygen Corporation, in defeating Diatek's claim for injunctive relief and defending claims of $50 million in damages growing out of allegations of unfair competition and breach of an inclusive distributor agreement involving medical supplies. After a four-week trial, the claims for injunctive relief were denied and only a small fraction of the damages sought were awarded. Diatek v. Ohmeda.
• Represented McMillan in a complex commercial litigation matter alleging civil RICO violations, among other things. The matter was settled on terms favorable to Mr. Silverman's clients. Strocco v. McMillan.
• Represented Bank of America in a class action alleging the bank was a party to the fraudulent scheme of one of its customers, who bilked investors out of tens of millions of dollars. Class certification was defeated and the matter ultimately was settled for pennies on the dollar. Routledge v. Southwest International Exchange, et al.
• Represented Bank of America in a class action alleging that a bank employee had perpetrated a Ponzi scheme. The matter was ultimately settled on terms favorable to Bank of America. Pecararo v. Bank of America.
• Represented Bancomer, S.A. in its claim against two individuals and their alter ego companies who defrauded the bank in a cross-border check-kiting scheme. Ultimately, judgment was obtained in our client’s favor. Bancomer, S.A. v. Ramirez, et al.
• Defended HomeFed Bank against allegations of lender liability giving rise to multi-million dollar claims. The case was settled without any payment by the bank. Baier Properties, Inc. v. HomeFed Bank
• Obtained dismissal of a complaint brought against Bank of America in an action brought by a court-appointed trustee alleging violations of the RICO statute and related causes of action. Sanville v. Bank of America.

Intellectual Property

• Represented OMM, Inc. in trade secret litigation alleging theft of confidential software by former Ipitek employees. Mr. Silverman successfully negotiated an early settlement without paying any damages. Ipitek, Inc. v. OMM, Inc.
• Represented QUALCOMM Incorporated in several cases against Motorola involving design, utility patent claims, trademark claims, trademark disparagements claims and other related matters. Claims by Motorola for damages and injunctive relief were successfully resisted and a very favorable resolution was obtained, culminating in an agreement which served to hasten the development of CDMA technology. QUALCOMM Incorporated v. Motorola, Inc.
• Represented QUALCOMM Incorporated in obtaining a $1 million judgment, plus interest, in binding arbitration before former U.S. District Court Judge J. Lawrence Irving. This was the maximum remedy permitted under the Purchase Agreement for Now's breaches incident to the purchase of its assets by QUALCOMM. QUALCOMM Incorporated v. Now Software, Inc.
• Represented HPL Technologies, Inc. in a software license agreement dispute against Teradyne alleging that Teradyne breached the Agreement and failed to pay license fees as agreed. Following a one-week arbitration, HPL was awarded the license fees sought, plus attorneys' fees and interest. HPL Technologies, Inc. v. Teradyne, Inc.
• Represented Keller in successfully defending against allegations of unfair competition and theft of trade secrets by flashlight manufacturer MAG Instruments against its former marketing director. MAG Instruments v. Keller.
• Represented officers and shareholders of Wild Life Education Ltd., a publisher of children's educational books in a dispute with the author of the original series of books. This matter, filed in the U.S. District Court for the Southern District of California, involved complex issues of copyright ownership, infringement, trademark and trade dress, as well as alleged breaches of contract and fraud claims. The matter was ultimately settled on terms favorable to Mr. Silverman's clients. Wild Life Education Ltd. v. Wexxo, and related counter-claims.
• Represented Instant Circuit Corporation against allegations of misappropriation of trade secrets. Microchip Technology Inc. v. Instant Circuit Corporation.