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Phone: (212) 415-9231

51 West 52nd St

New York, NY 10019

Richard H. Silberberg

Profession:

Attorney, Arbitrator, Mediator

Current Employer:

Dorsey & Whitney LLP

Areas of Expertise:

✔ Agricultural ✔ Antitrust
✔ Arts (Fine, Performing) ✔ Automotive
✔ Aviation ✔ Banking & finance
✔ Biotech ✔ Class Actions
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Defamation (Libel & Slander)
✔ Employment ✔ Energy including oil and gas
✔ Engineering ✔ Entertainment
✔ Environmental ✔ Executive Compensation
✔ Family Businesses ✔ Franchise
✔ Health Care ✔ Industrial
✔ Insurance ✔ Intellectual Property
✔ International ✔ Internet
✔ Joint Ventures ✔ Labor/Unions
✔ Legal Malpractice ✔ Licensing
✔ Media & Communications ✔ Mergers & Acquisitions
✔ Mining ✔ Non-profit Organizations
✔ Partnerships ✔ Pharmaceuticals
✔ Professional Fees ✔ Professional Liability
✔ Real Estate ✔ Securities
✔ Shareholder Disputes ✔ Software
✔ Technology ✔ Telecommunications
✔ Torts ✔ Trade Secrets and Confidentiality Disputes
✔ Transportation

Experience:

30 years of experience as arbitrator and mediator of complex commercial disputes for tribunals throughout the world, including American Arbitration Association (Large, Complex Case and International Panels), International Center for Dispute Resolution, ICC International Court of Arbitration, London Court of International Arbitration, International Institute for Conflict Prevention & Resolution (Cross-Border and Franchise Panels), and ad hoc and court-annexed arbitration tribunals

President, 2017-2018, and Fellow, 2007-2020, College of Commercial Arbitrators; Board of Directors, 2015-2020, and Executive Committee, 2015-2018, New York International Arbitration Center; Listed in Chambers Global for International Arbitrators, 2018-2020; Best Lawyers in America for Arbitration and Mediation, 2006-2020; International Who's Who of Commercial Mediation, 2011-2020

Panel Chair, Co-Arbitrator, Sole Arbitrator and Emergency Arbitrator in approximately 300 complex, high-value, commercial arbitration cases (including class arbitration), author of dozens of reasoned arbitration awards, and mediator of approximately 250 complex commercial disputes in the following industry sectors: aviation; agriculture; banking & financial services; biotechnology; construction and design; entertainment; food and beverage; franchising (hotels, mobile storage; real estate syndication; restaurants; wireless telecommunications); healthcare; hospitality; media; insurance (D&O, health/medical, marine, property, professional liability); law, accounting and other professional services; manufacturing; pharmaceutical; publishing; product distribution; real estate; professional sports (baseball, rugby, soccer); and technology

45 years of experience as a commercial litigation attorney at AmLaw 100 Firm representing litigants in a broad range of high-value disputes in federal and state courts, and in administrative, arbitration and mediation proceedings. Listed in New York Super Lawyers for Business Litigation, 2006-2020; Recipient of Client Choice Award (Antitrust and Unfair Competition) 2018

Work History:

Partner, Dorsey & Whitney LLP, 1988–2020,
Chair, Board of Directors (2015–2017) and Member (2013–2018),
Co-Chair, International Arbitration & Litigation Group, 2015–2020,
Co-Chair, Class Action Litigation Group, 2013–2020,
Chair, Global Litigation and Advocacy Group, 2007–2012,
Member of Management Committee, 2012–2020,
Partner/Associate, Delson & Gordon, 1975–1987

Cases:

Illustrative experience as a commercial arbitrator include cases involving the following:

BANKING & FINANCIAL: Agreements involving asset purchase; investment banking; hedge funds; investment management; joint ventures; mergers & acquisitions (e.g., breaches of representations and warranties, post-merger adjustments); stock purchases and redemptions; membership interest valuations;

BUSINESS TORTS: Defamation; invasion of privacy; product disparagement; unfair competition;

BIOTECHNOLOGY & PHARMACEUTICAL: Best efforts, commercialization, development, licensing and joint-marketing agreements;

CONSTRUCTION, REAL ESTATE & DESIGN: Construction; real estate brokerage & syndication; interior design;

CORPORATE GOVERNANCE: Shareholder agreements; limited liability company & partnership operating agreements; breaches of fiduciary duties; freeze outs;

EMPLOYMENT: Senior management-level consulting & employment agreements; executive compensation & benefit arrangements, including bonuses & earn-out/incentive plans; employment discrimination; sexual harassment; wage-and-hour class arbitration;

ENTERTAINMENT & MEDIA: National media spokesperson endorsement agreements; book, motion picture & theatrical development rights agreements; concert/festival sponsorship agreements;

ENERGY, INFRASTRUCTURE & TECHNOLOGY: Management and operation of municipal water/waste system; valuation of coal mines; technology infrastructure agreements; international technology sales representative agreements;

FOOD, BEVERAGE & HOSPITALITY: International food, beverage and ingredient supply agreements; hotel operator agreements; short-weight/slack-fill claims;

FRANCHISING: Franchise, sub-franchise and area development agreements in hotel, mobile storage, real estate brokerage, restaurant and wireless telecommunications industry sectors;

HEALTHCARE & INSURANCE: D&O, general liability, marine, property & theft insurance policies, including coverage disputes and defense and indemnification obligations; mental health parity requirements; medical/dental practice acquisition & partnership agreements; pharmacy benefits manager agreements with network pharmacies;

INTELLECTUAL PROPERTY: Copyright grant agreements; patent & trademark infringement;

LAW & ACCOUNTING: Legal and accounting malpractice; law and accounting firms' termination of partners and obligations to departed partners; litigation/arbitration funding agreements; executive & professional recruiting agreements;

PRODUCT DISTRIBUTION: Cancellations/terminations and other aspects of manufacturing, wholesale distributor, retail dealer, consignment, lease, sales representative and other agreements in automobile, biotechnology, business equipment, energy, food and beverage, hospitality, medical device, pet product, pharmaceutical, professional sports, technology, wireless telecommunications and other industry sectors;

PROFESSIONAL SPORTS: Television revenue sharing, marketing & licensing agreements involving professional baseball, rugby and soccer league franchises; international sports & entertainment license and promotional agreements;

TRANSPORTATION: Aircraft license agreements and airline route sharing agreements

Training:

  • Faculty, ABA, Secrets of Success: Unique Problems in Commercial Arbitration and Best Practices for Managing Them, 2016;
  • AAA/ICDR/Mediation.org Panel Conference, 2016;
  • Faculty, AAA, The "How To" of Presenting Damages in Arbitration, 2015;
  • Faculty, AAA, Dispositive Motions: When to Make Them; When to Grant Them, 2015;
  • Faculty, Building a Sustainable ADR Practice, New York State Bar Association, 2015;
  • Faculty, Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation, 2015;
  • Faculty, New York State Bar Association, Commercial Arbitration Training for Arbitrators and Counsel, 2015, 2014;
  • Faculty, AAA, Managing a Successful Arbitration, 2014;
  • Faculty, AAA, The Preliminary Hearing: Preliminary, But Not Just Procedural, 2014;
  • ICDR/IBA Four Roundtables in Times Square - Putting the Spotlight on International Arbitration on Broadway, 2011;
  • Faculty, AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2010; College of Commercial Arbitrators Annual Meeting, 2014, 2013, 2012, 2011, 2010; AAA, Arbitrator Ethics & Disclosure (ACE003), 2006;
  • Faculty, AAA, Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2005;
  • Faculty, AAA Seeking Interim Relief In Arbitration, 2005;
  • Faculty, AAA, Best Practices For Arbitrating Large Complex Cases, 2005;
  • Faculty, AAA, Optimizing the Hearing, 2005, 2004; Train the Trainer Program, 1998; AAA Hearing Chair Training, Arbitration Day, 1992; Center for Public Resources Mediation Training, 1992

License:

Admitted to Bar: New York (1976);
U.S. District Court: Southern and Eastern Districts of New York (1976), Northern District of New York (2015);
U.S. Court of Appeals: First (1997), Second (1981), Third (1991), Ninth (2015), Eleventh (1996) and Federal (1988) Circuits;
U.S. Court of International Trade, 1983;
U.S. Supreme Court, 1994

Awards:

  • Listed in Chambers Global for International Arbitrators, 2018-2020;
  • Best Lawyers in America for Arbitration and Mediation, 2006-2020;
  • International Who's Who of Commercial Mediation, 2011-2020;
  • New York Super Lawyers for Business Litigation, 2006-2020

Panels:

  • American Arbitration Association Large Complex Case Panel of Arbitrators;
  • American Arbitration Association Master Mediation Panel;
  • CPR Panel of Distinguished Neutrals (Cross Border and Franchise Panels);
  • National Academy of Distinguished Neutrals Panel;
  • U.S. District Court for the Eastern District of New York Panel of Arbitrators;
  • U.S. District Court for the Southern District of New York Panel of Mediators;
  • Chartered Institute of Arbitrators;
  • London Court of International Arbitration;
  • International Arbitration Club of New York

Associations:

  • College of Commercial Arbitrators (President, 2017-2018, Fellow, 2007-2020);
  • York International Arbitration Center (Board of Directors, 2015-2020, Executive Committee, 2015-2018);
  • Association of Bar of City of NY (International Commercial Disputes Committee);
  • National Academy of Distinguished Neutrals;
  • New York Academy of Arbitrators and Mediators;
  • Chartered Institute of Arbitrators;
  • London Court of International Arbitration;
  • International Arbitration Club of NY;
  • Treasurer & Board of Directors, Fund for Modern Courts;
  • Board of Directors, Lawyers Committee for Civil Rights Under Law

Education:

New York University (JD-1975); University of Wisconsin-Madison (BA-1972)

Publications:

  • Co-Author, "Arb-Med: Workable or Worrisome," NEW YORK DISPUTE RESOLUTION LAWYER, 2019;
  • Co-Author, "It Is Never Too Late to Arbitrate," NEW YORK DISPUTE RESOLUTION LAWYER, 2018;
  • Co-author, "McLaughlin v. American Tobacco Co.: Raising the Bar Even Higher for Fraud-Based Consumer Class Actions," ANDREWS LITIGATION REPORTER, August 2008;
  • Co-author, "Product Defect Suits and Failure to Manifest," NEW YORK LAW JOURNAL, May 2008;
  • Author, "Antitrust Injury in Dealer Termination Cases: One Standard or Two?" Antitrust Law Section, American Bar Association, April 26, 2002;
  • Co-author, "'Morris' Fortifies the Corporate Veil," NEW YORK LAW JOURNAL, April 12, 1994

Miscellaneous:

Speaking Engagements

  • Panelist, "Virtual Arbitration and Mediation of Complex Cases: Lessons Learned," Silicon Valley Arbitration and Mediation Center, 2020;
  • Faculty, Commercial Arbitration Training Program, New York State Bar Association ("NYSBA") Dispute Resolution Section, June 2015-June 2020;
  • Panelist, "No Risk, No Reward -- How Creativity, Resourcefulness and Confidence Can Change the Face of Resolving Disputes," American Bar Association ("ABA") Section of Dispute Resolution, April 2019;
  • Panelist, "Mediation Advocacy," NYSBA Dispute Resolution Section, March 201
  • Panelist, "A Delicate Balance: Arbitrating Your Client's Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost Savings," ABA Section of Litigation and Solo, Small Firm and General Practice Division, 2019;
  • Panelist, "Administered v. Ad Hoc Arbitration: Procedural Dilemmas for the Arbitrator in Complex Cases," American Arbitration Association ("AAA") and Practical Law/Thompson Reuters, September 2018;
  • Panelist, "Ethical Issues in Arbitration and Med/Arb: Problems and Ethical Cures," ABA Section of Dispute Resolution, May 2018;
  • Panelist, "Cutting Edge Topics in Commercial Arbitration," AAA and New York Law School, April 2018, April 2017;
  • Plenary Speaker, Georgia Arbitration Institute, 2015;
  • Panelist, "Managing the Evidentiary Hearing," ABA Section of Dispute Resolution, May 2017;
  • Panelist, "The 'How To' of Presenting Damages in Arbitration," AAA, 2015;
  • Panelist, "Dispositive Motions: When to Make Them; When to Grant Them," AAA, 2015;
  • Panelist, "Building a Sustainable ADR Practice, "NYSBA Dispute Resolution Section, 2015;
  • Panelist, "Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation," AAA, 2015;
  • Panelist, "Managing Your First Arbitration" and "Managing a Successful Arbitration," AAA/CCA, 2014-2018; 2014;
  • Panelist, "Four Roundtables in Times Square - Putting the Spotlight on International Arbitration on Broadway," ICDR/IBA, 2011;
  • Faculty, "Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics," AAA (ACE005), 2005 and 2010;
  • Faculty, "Seeking Interim Relief In Arbitration," AAA, 2005;
  • Faculty, "Best Practices For Arbitrating Large Complex Cases," AAA, 2005;
  • Faculty, "Optimizing the Hearing," AAA, 2004 and 2005 ;
  • Faculty, "Best Practices in Complex Arbitration," AAA, 2005;
  • Panelist, "Mediation - The Future for Corporate Disputes," ACQUISITION INTERNATIONAL," February 2012;
  • Panelist, "Straight Talk About B2B Arbitration," AAA and National Law Journal, May 2004;
  • Panelist, "Best Practices in Large, Complex Cases: A Practitioner's Roundtable," DISPUTE RESOLUTION JOURNAL, May-July 2004;
  • Panelist, "The Antitrust Injury Doctrine: Adding Insult to Injury?" ABA, April 2002;
  • Panelist, New Jersey Commission on Professionalism in Law, September 2002;
  • Panelist, "Representing Clients in Court Ordered and Other Mediations," Association of the Bar of the City of New York, 1999;
  • Panelist, "What the Business Lawyer Needs to Know About ADR," Practicing Law Institute, 1998 and 1999

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