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Marc A. Silverman

Marc A. Silverman

Of Counsel
About

Marc Silverman is a seasoned litigator with over 10 years of experience in complex commercial litigation and securities class actions. Marc’s practice focuses on disputes related to mergers and acquisitions, stock sales, options contracts, and technology.

Bar admissionsNew JerseyNew York
CourtsUnited States Court of Appeals for the Second CircuitUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the District of New JerseyUnited States Court of Appeals for the Third Circuit

EXPERIENCE

  • Won dismissal of securities class action against producer of nerve grafts concerning statements about the market for their products. In a precedent setting opinion, the Eleventh Circuit adopted our arguments that statements concerning the size of a market are forward looking and therefore protected under the Private Securities Litigation Reform Act.
  • Won dismissal of securities class action and related derivative litigation against a major US food company alleging unsustainable channel stuffing. The court agreed with our arguments that the confidential witnesses were unreliable, that the company sufficiently disclosed the alleged practices, and that the plaintiffs failed to plead scienter.
  • Won dismissal of securities class action against Spanish sustainable energy company concerning alleged mischaracterization of debt obligations. The court agreed with our arguments that the statements were protected as forward-looking statements, that the plaintiffs failed to sufficiently allege the underlying accounting fraud, and that the plaintiffs failed to plead scienter.
  • Won multiple victories in court and arbitration on behalf of a large US financial institution against an oil company that failed to comply with its agreements. Won pre-discovery motion for summary judgment in state court, affirmance on appeal, victory in parallel arbitration, and confirmation of arbitration award in federal court.
  • Won dismissal of claims related to alleged overpayment of interest under a promissory note. The court agreed that there was no merit to the claim because the plaintiff failed to allege that it actually paid any interest. Successfully argued and secured affirmance by the Second Circuit.
  • Won dismissal of claim seeking statutory penalties under ERISA and claiming tortious interference against association of healthcare insurers.
  • Obtained multimillion dollar settlement for international airport services company arising out of fraud related to undisclosed overcharging practices.
  • Obtained multimillion dollar settlement on behalf of maker of medical devices against its former sub-manufacturer who misused its trade secrets in a scheme to steal the business.
  • Advised and resolved numerous indemnity claims arising out of merger and acquisition agreements, successfully representing both sellers and buyers of companies.
  • Resolved federal investigation of biopharmaceutical company concerning allegations by a purported whistleblower.
Education
  • J.D., Rutgers University School of Law 2013
    Articles Editor, Rutgers Law Review
    Rutgers Moot Court Board
    Saul Tischler Memorial Prize
    Philip Kravitz Memorial Prize
    A. Harry Moore Prize for highest academic average
    summa cum laude
    Order of the Coif

Pro Bono

  • Won asylum for client who fled El Salvador in fear of violent reprisal from her political opinions.
  • Secured combat-related compensation for veterans injured in war.
  • Secured withdrawal of subpoena by an abuser against his victim that sought confidential records from an organization that provides victim counseling to women in forced or abusive marriages.
  • Representing death-row inmate in Texas on a habeas corpus application seeking a new trial based on the state's withholding of evidence that indicates its star witness lied at trial, that the star witness was the actual perpetrator, that state investigators pressured a witness into identifying our client on a photo lineup, and that trial counsel failed to present evidence from alibi witnesses who were with our client at the time of the crime.
  • Briefed and argued multiple criminal appeals on issues related to unlawful searches and seizures, improper jury instructions, prosecutorial misconduct, and excessive sentences.
  • Authored amicus curiae briefs in the Sixth and Seventh Circuits on the psychological dangers of solitary confinement as it relates to the Eighth Amendment's prohibition on cruel and unusual punishment, which assisted the claimants in obtaining favorable results.
  • Authored amicus curiae briefs in the United States Supreme Court on various criminal justice issues including the territoriality of wiretaps under Title III, judge-imposed death sentences in Florida, the recording and monitoring of phone lines at Riker's Island, and the application of the safety-valve provision to defendants who testify in their own defense.
  • Assisting clients seeking expungements of marijuana related offenses in New Jersey.

Publications

  • The Gunner’s Guide to Law School, Carolina Academic Press (October 2020)

Prior Experience

  • Judicial Intern, The Honorable Chief Justice Stuart Rabner, New Jersey Supreme Court

Memberships And Affiliations

  • New Jersey State Bar Association
  • Association of the Federal Bar of New Jersey
  • American Bar Association

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