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 routinely handles disputes involving business transactions of nearly every kind in federal and state courts throughout the country, including private equity litigation, M&A disputes, representation and warranties disputes, buy-sell option litigation, indemnification claims, breaches of contract, tortious interference, and fraud.

Areas of FocusLitigation, Arbitration and Investigations

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

Resolved numerous indemnity claims arising out of merger and acquisition agreements.
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.
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.
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