hero-find-an-arbitrator

Phone: (212) 415-9231

51 West 52nd St

New York, NY 10019

Richard Silberberg

Profession:

Attorney, Arbitrator, Mediator

Current Employer:

Dorsey & Whitney LLP

Areas of Expertise:

✔ Antitrust ✔ Class Actions
✔ Commercial/Business ✔ Employment
✔ Franchise ✔ Health Care
✔ International ✔ Labor/Unions

Experience:

25 years of experience as mediator and arbitrator of complex commercial disputes for American Arbitration Association, International Centre for Dispute Resolution, ICC International Court of Arbitration, International Institute for Conflict Prevention and Resolution, and ad hoc and court-annexed tribunals. Presiding arbitrator, co-arbitrator and sole arbitrator in approximately 200 domestic and international commercial arbitrations (including class arbitrations and other multi- party proceedings), and author of dozens of reasoned awards.

Mediator of approximately 150 domestic and international commercial disputes in a wide variety of industries including entertainment and media; financial services; food and hospitality; franchising; healthcare and insurance; law and accounting; licensing; product distribution; real estate, construction and design; and technology.

Work History:

Partner, Dorsey & Whitney LLP, 1988-present; Partner/Associate, Delson & Gordon, 1975-87

Cases:

Illustrative subject matter areas and disputes handled as an arbitrator include:

• Entertainment and Media: Alleged breaches of national media spokesperson endorsement agreement, international sports and entertainment license and promotional agreement, and movie and theatrical development rights agreements

• Financial Services: Alleged breaches of agreements governing consulting arrangements, executive compensation including bonus and earn-out plans, investment management, joint ventures, mergers and post-merger obligations, stock purchases and redemptions, and valuations

• Food and Hospitality: Alleged breaches of international food and beverage supply agreements and hotel operator agreements

• Franchising: Restaurant franchisors' alleged territory encroachments and breaches of development agreements; international real estate brokerage franchisors' alleged breaches of franchise and sub-franchise agreements; telecommunication providers' alleged breaches of wireless franchise agreements

• Healthcare and Insurance: D&O, general liability and property damage insurance companies' alleged failures to indemnify; healthcare company's alleged breaches of mental health parity requirements; alleged breaches of medical/dental practice acquisition and partnership agreements; pharmacy benefits manager's allegedly wrongful termination of network pharmacy

• Law and Accounting: Alleged legal and accounting malpractice; disputes between law firms and former partners, including allegedly wrongful termination; accounting firm's alleged breach of obligations to withdrawing partners

• Licensing: Alleged breaches of pharmaceutical license, commercialization and development agreements; alleged failures to use best efforts to market and pay licensing fees on patented products; alleged breach of world-wide license to distribute trademarked products; alleged breaches of luxury goods license agreements

• Product Distribution: Alleged breaches (including wrongful cancellations and terminations) of dozens of retail dealer, wholesale distributor and other supply agreements in biotechnology, business equipment, energy, manufacturing, medical device, pharmaceutical and other industries

• Real Estate, Construction and Design: Alleged breaches of design, real estate syndication and brokerage commission agreements

• Technology and Aviation: Alleged breach of international telecommunications sales representative agreement; alleged failure to place adequate computer support infrastructure at investment banking firms; alleged breach of aircraft lease agreement

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; Faculty, AAA, Best Practices in Complex Arbitration, 2005; AAA Neutrals Conference, 2005, 2003; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; Faculty, AAA, Drafting Effective Arbitration Clauses, 2002; AAA Arbitrator Update 2001; AAA Commercial Arbitrator Training, 1998; AAA Train the Trainer Program, 1998; AAA Hearing Chair Training, Arbitration Day, 1992; Center for Public Resources Mediation Training, 1992.

License:

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

Awards:

• Best Lawyers in America, 2007-2016 • New York Super Lawyers, 2007-2016 • International Who's Who of Commercial Mediation, 2011-2016

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 (Vice President); New York International Arbitration Center (Board of Directors and Executive Committee); Dispute Resolution Section of New York State Bar Association (Executive Committee and Co-Chair, CLE and Programming Committee); Association of the Bar of the City of New York (International Commercial Disputes Committee); New York Academy of Arbitrators and Mediators; Treasurer and Board of Directors, Fund for Modern Courts; Board of Directors, Lawyers' Committee for Civil Rights Under Law.

Education:

College of Commercial Arbitrators (Vice President); New York International Arbitration Center (Board of Directors and Executive Committee); Dispute Resolution Section of New York State Bar Association (Executive Committee and Co-Chair, CLE and Programming Committee); Association of the Bar of the City of New York (International Commercial Disputes Committee); New York Academy of Arbitrators and Mediators; Treasurer and Board of Directors, Fund for Modern Courts; Board of Directors, Lawyers' Committee for Civil Rights Under Law.

Publications:

• Super Lawyers Recognizes 20 Dorsey Lawyers in New York, September 16, 2015 • 8 Dorsey Lawyers in New York Selected for Inclusion in The Best Lawyers in America® 2016, August 17, 2015 • Dorsey Attorneys Sant and Silberberg Comment on US Companies Doing Business in PRC, June 1, 2015 • “The Cost of Doing Business,” Beijing Review, May 18, 2015 • Dorsey Attorneys Sant and Silberberg Discuss Legal Challenges Chinese Companies Encounter, March 26, 2015 • Super Lawyers Recognizes 17 Dorsey Lawyers in New York, September 23, 2014 • Super Lawyers Recognizes 18 Dorsey Lawyers in New York, September 13, 2013 • "McLaughlin v. American Tobacco Co.: Raising the Bar Even Higher for Fraud-Based Consumer Class Actions," Andrews Class Action Litigation Reporter, August 2008 • "Product Defect Suits and Failure to Manifest," New York Law Journal, May 19, 2008 • "Antitrust Injury in Dealer Termination Cases: One Standard or Two?," Antitrust Law Section, American Bar Association, April 26, 2002 • "'Morris' Fortifies the Corporate Veil," New York Law Journal, April 12, 1994

Miscellaneous:

Admissions: U.S. Supreme Court; U.S. Courts of Appeals for the First, Second, Third, Ninth, Eleventh and Federal Circuits; U.S. District Courts for the Southern, Eastern and Northern Districts of New York; U.S. Court of International Trade

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