Andrew Silverman is an appellate specialist who focuses on high-stakes and precedent-setting appeals in the U.S. Supreme Court, federal courts of appeals, and state appellate courts. A distinguishing feature of Andrew’s practice is that clients routinely call on him for appellate work long before the case ever gets to appeal. Andrew works with clients and trial court teams both on significant motions to prevent any need for appeal by winning the case first and to ready the case for appeal by perfecting critical appellate issues and teeing them up in the most favorable posture for appeal. 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), PricewaterhouseCoopers (against MF Global), and Dow AgroSciences (against Bayer CropSciences).
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 legal issues and strategy. In cases where the stakes are so high that an appeal is practically inevitable, Andrew is frequently brought in from the outset to work on motions to dismiss, preliminary-injunction briefing, and, later, 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), Boiron (as part of a class action settlement), and a Thai Professor, Supap Kirtsaeng (against John Wiley & Sons, Inc.). In appellate cases, Andrew takes pride in collaborating with his client to rethink the case from top to bottom, 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.