Andrew Silverman is an appellate lawyer focusing on high-stakes, precedent-setting cases nationwide. A distinguishing feature of Andrew’s practice is that clients routinely call on him in the trial court to win the case long before there is any need for appeal.
Andrew is skilled brief writer who works with clients and trial teams on significant motions in the trial court to prevent any need for appeal by winning the case first. In addition, Andrew specializes in readying cases for appeal by perfecting critical appellate issues and teeing them up in the most favorable posture. Andrew has brought these special skills to bear for some of the world’s largest companies in their most important cases, including for Oracle (against Google and the U.S. Department of Labor), PricewaterhouseCoopers (against MF Global), Dow AgroSciences (against Bayer CropSciences), Synopsys (against Mentor Graphics and Ubiquiti Networks), the dietary supplement industry (against Amarin Pharmaceuticals), and the Municipal Energy Authority of Georgia (against the Jacksonville Energy Authority).
Drawing on his years of experience as a trial attorney in the Civil Division of the U.S. Department of Justice, Andrew collaborates with the trial court team to serve as the point person for law-intensive brief-writing and strategy. In cases where the stakes are so high that an appeal is all but inevitable, Andrew is frequently brought in from the outset to work on motions to dismiss, preliminary-injunction briefing, and summary-judgment motions. If the case proceeds toward trial, Andrew leads strategizing and briefing on jury instructions, motions in limine, Daubert motions, other pre-trial briefing, mid-trial objections and motions practice, motions for judgment as a matter of law, and motions for a new trial.
Andrew also has a strong record on appeals, including in major appeals for Oracle (against Google), Synopsys (against Mentor Graphics), KBC Bank (against Lazare Kaplan), Dow, Dow AgroSciences, and Union Carbide (against Bayer CropSciences and individual plaintiffs), the Municipal Energy Authority of Georgia (against the Jacksonville Energy Authority), a former executive of IBM (against IBM), Boiron (as part of a class action settlement), and in the U.S. Supreme Court for a Thai Professor, Supap Kirtsaeng (sued by the publisher John Wiley & Sons, Inc.). In appellate cases, Andrew takes pride in collaborating with his client and the trial team to rethink the case from the bottom to the top, searching for new and different ways to present even the most complicated arguments as plain common sense, and drafting a storytelling version of the case that hooks the reader from the beginning. Andrew, like the rest of the Orrick team, emphasizes oral argument, working tirelessly to develop themes specifically for oral argument that magnify --- rather than merely parrot --- the arguments in the briefing. Andrew has worked on appeals at all levels, across areas of law, and for plaintiffs as well as defendants.
Andrew clerked for then-Chief Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit. Andrew was named a “Rising Star” by Super Lawyers in 2014, 2015 and 2016.