Richard H. Silberberg

• Leacraft, et al. v. Canon U.S.A., Inc., (E.D.N.Y. 2022) (lead counsel to defendant business equipment supplier in putative class action alleging violations of state consumer protection statutes)
• Kamins v. The Empire Plan, et al., 171 A.D.3d 715, 98 N.Y.S.3d 96 (2d Dept. 2019); 2019 N.Y. App. Div. LEXIS 2504*; 2019 NY Slip Op. 02507 (lead counsel to health care plan and plan administrator in putative class action alleging violations of New York mental health parity statute; motion to dismiss claim asserting private right of action granted; dismissal affirmed on appeal)
• In re Dental Supplies Antitrust Litigation, 2017 U.S. Dist. LEXIS 153265*, 2017 WL 4217115* (E.D.N.Y. Sept. 20, 2017) (motion to dismiss granted)
• SymQuest Group, Inc. v. Canon U.S.A., Inc., No. 15 cv 4200, 2016 WL 2855501 (E.D.N.Y. May 16, 2016) (lead counsel to defendant business equipment supplier in action alleging that supplier's failure to provide spare parts, consumable supplies and online technical support to dealer acquired by competitor breached dealer agreement and tortiously interfered with dealer's customer contracts; motion for preliminary injunction denied and motion to dismiss granted)
• New York State Psychiatric Association, et al. v. UnitedHealth Group, et al., No. 13 CV 1599, 980 F. Supp. 2d 527 (S.D.N.Y. 2013), aff'd in part and rev'd in part, 798 F. 3d 125 (2d Cir. 2015) (co-lead counsel to defendant health insurer in putative class action alleging violations of federal and state mental health parity laws)
• Paduano, et al. v. Express Scripts, Inc. et al., (E.D.N.Y. 2014) (co-lead counsel to defendant pharmaceutical benefits manager in putative class action alleging violations of federal and state antitrust laws and state unfair competition laws)
• Barrett, et al. v. Canon U.S.A., Inc., (S.D.N.Y. 2014) (lead counsel to defendant business equipment supplier in consolidated putative class actions alleging violations of state consumer protection statutes)
• Steven Jones, et al. v. Canon Solutions America, Inc., (C.D. Cal. 2013) (co-lead counsel to defendant business equipment retailer and servicer in putative class action alleging violations of federal and state wage-and-hour laws)
• Evolution Capital Management, LLC, et al. v. CDC Software Corporation, et al., (Sup. Ct., N.Y. Co. 2012) (co-lead defense counsel for independent directors of NASDAQ-listed company in action alleging tortious interference with contract, tortious interference with prospective business relations, breaches of fiduciary duty, malicious prosecution, and libel)
• Amar, et al. v. Canon U.S.A., Inc., (E.D.N.Y. 2012) (lead counsel to defendant business equipment distributor in putative nationwide class action alleging race discrimination in connection with assignment of customer accounts)
• Ross, et al. v. Bank of America, N.A. (USA), et al. (S.D.N.Y. 2012) (lead counsel to defendant alternative dispute resolution provider in putative antitrust class action)
• In re Canon Cameras Litigation, 237 F.R.D. 357 (S.D.N.Y. 2006) (lead counsel to defendant camera manufacturer in putative nationwide class action involving claims of breach of warranty, unjust enrichment and violation of state consumer protection statutes; motion for class certification denied)
• Aryeh v. Canon Business Solutions, Inc., 111 Cal. Rptr. 3d 211 (Cal. App. 2 Dist. June 22, 2010) (lead counsel to defendant retailer and servicer of business equipment in class action involving claims of unfair competition)
• Dowhal v. Amazon.com, Inc., et al., (Superior Ct., San Francisco Co., 2010) (lead counsel to defendant printer manufacturer in representative action involving claims of unfair competition and false advertising)
• The Rhulen Company, Inc. v. Canon U.S.A., Inc., 68 Cal. App. 4th 1, 79 Cal. Rptr. 2d 897 (Cal. App. 2 Dist. 1998) (lead counsel to defendant business equipment manufacturer in putative nationwide retailer class action involving claims of fraud, negligent misrepresentation, breach of warranty and unfair competition; motion for class certification denied)
• Santiago v. Canon U.S.A., Inc., 1997 WL 188453 at *3 (D.P.R. Mar. 7, 1997), aff’d, 138 F.3d 1 (1st Cir. 1998) (lead defense counsel in action for breach of Puerto Rico Dealer’s Act and gender discrimination; summary judgment for defendant affirmed on appeal)
• Matter of Joseph Morris v. New York State Department of Taxation and Finance, 82 N.Y.2d 135, 603 N.Y.S.2d 807, 623 N.E.2d 1157 (1993) (lead defense counsel in action by state taxing authorities to pierce corporate veil to impose liability for sales and use tax upon corporate officer; action dismissed by New York Court of Appeals; leading New York case on standards for piercing corporate veil under New York law)
• Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3 (1st Cir. 1992), cert. denied, 113 S. Ct. 1416 (1993) (co-lead defense counsel in antitrust action; directed verdict for defendant affirmed on appeal)

Alternative Dispute Resolution Experience

• President, 2017-2018, and Fellow, 2007-2023, College of Commercial Arbitrators
• Board of Directors, 2015-2023, and Executive Committee, 2015-2018, New York International Arbitration Center
• Fellow, Chartered Institute of Arbitrators, 2021-2023
• Fellow, American College of Civil Trial Mediators, 2021-2023
• More than 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 Arbitration Panels; Master Mediation Panel), International Center for Dispute Resolution, ICC International Court of Arbitration, International Institute for Conflict Prevention & Resolution (Cross-Border and Franchise Panels), and ad hoc and court-annexed arbitration and mediation tribunals, including U.S. District Court for Eastern District of New York Court- Annexed Arbitration Panel and U.S. District Court for Southern District of New York Court-Annexed Mediation Panel
• Panel Chair, Co-Arbitrator, Sole Arbitrator, Emergency Arbitrator, and Joinder Arbitrator in approximately 350 complex, high-value, commercial arbitration cases (including class arbitrations). More than 30 Panel Chair appointments since 2018. , Mediator of approximately 300 complex commercial disputes. Service as neutral in following industry sectors: aviation; agriculture; banking & financial services; biotechnology; construction, design, and real estate; corporate governance; employment; energy; entertainment; food, beverage, and hospitality; franchising (hotels, mobile storage; real estate syndication; restaurants; wireless telecommunications); healthcare; infrastructure; insurance (D&O, disability, health/medical, marine, property and theft, professional liability); intellectual property; life sciences; law, accounting, and other professional services; manufacturing; media; mergers, acquisitions, and other corporate transactions; motion pictures; pharmaceuticals; publishing; product distribution; professional sports (baseball, rugby, soccer);  technology; theater; and transportation.

Representative Cases Serving as Arbitrator

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; loans and guarantees; membership interest valuations; mergers & acquisitions (e.g., breaches of representations and warranties, post-merger adjustments); stock purchases and redemptions; venture capital financing
• BIOTECHNOLOGY, LIFE SCIENCES & PHARMACEUTICAL: Best efforts, commercialization, development, joint-marketing. Licensing, manufacturing, research grant funding, and take-or-pay agreements
• BUSINESS TORTS: Defamation; invasion of privacy; product disparagement; unfair competition
•  CONSTRUCTION, DESIGN & REAL ESTATE: Construction, interior design, and real estate acquisition, brokerage & syndication agreements
• 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; bonuses and earn-out/incentive plans; employment discrimination; sexual harassment; wage-and-hour claims
• ENTERTAINMENT & MEDIA: Media spokesperson endorsement agreements; book, motion picture & theatrical commercialization, and development rights agreements; concert/festival sponsorship agreements
• ENERGY INFRASTRUCTURE & OUTSOURCING: Electricity, oil & gas, solar & wind energy agreements; municipal water/waste system operation; coal mine valuation; IT and finance infrastructure and outsourcing 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 sectors
• HEALTHCARE: Payor/provider disputes; insurer/network pharmacy disputes; mental health parity disputes; outsourcing & vendor disputes; healthcare corporate transactions, including mergers and acquisitions & joint ventures; medical/dental practice acquisition, operating & partnership agreements; pharmacy benefits manager agreements
• INSURANCE: D&O, disability, general liability, marine, property & theft, and professional liability. including coverage disputes and defense and indemnification obligations
• INTELLECTUAL PROPERTY: Copyright grant agreements; patent & trademark infringement claims; intellectual property licensing and transfers; misappropriation of trade secrets
• LAW & ACCOUNTING: Legal and accounting malpractice; law and accounting firms' termination of partners; litigation/arbitration funding agreements; executive & professional recruiting agreements
• MERGERS & ACQUISITIONS: Breaches of representations & warranties; violations of earn out provisions; post-merger purchase adjustments; breaches of non-competition & non-solicitation covenants
• PRODUCT DISTRIBUTION: Cancellations/terminations and other aspects of manufacturing, wholesale distributor, retail dealer, procurement, supply, consignment, lease, sales representative and other agreements in automobile, biotechnology, business equipment, energy, food and beverage, hospitality, medical device, pet product, pharmaceuticals, professional sports, technology, wireless telecommunications, and other sectors
• PROFESSIONAL SPORTS: Television revenue sharing, marketing, and licensing agreements involving professional baseball, rugby, and soccer league franchises; international sports & entertainment license and promotional agreements 
• TRANSPORTATION: Aircraft acquisition and partnership agreements; airline route sharing agreements