Past Event | September.14.2016
Andrew Silverman, a senior associate in our New York office, presented at an AIPLA webinar on the Supreme Court’s recent decisions in Octane Fitness v. Icon Health and Fitness (patent fees), Halo Electronics v. Pulse Electronics (enhanced damages in patent cases), and Kirtsaeng v. John Wiley & Sons (copyright fees).
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 even before the appeal.
Andrew is a skilled brief writer who works on significant motions in the trial court to prevent any need for appeal by winning the case first. Drawing on his years as a trial attorney at 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. Andrew is frequently retained to work on motions to dismiss, preliminary-injunction briefing, and summary-judgment motions. If the case proceeds toward trial, Andrew leads strategizing and all manner of briefing from jury instructions to motions in limine to mid-trial objections and pocket briefs to post-trial motions for judgment as a matter of law and for a new trial.
In addition, Andrew focuses on 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), and Gilead Sciences (under the False Claims Act and in a mass products liability action involving tens of thousands of plaintiffs).
Andrew also has a strong record on appeals, including major wins for Oracle (against Google), Dow AgroSciences (against Bayer CropSciences), Basin Electric Power Cooperative (against one of its member-owners), KBC Bank (against Lazare Kaplan), and in the U.S. Supreme Court for the County of Los Angeles and for a Thai Professor (in a landmark copyright ruling). In appellate cases, Andrew takes pride in collaborating with his client and the trial team to rethink the case from the bottom up, searching for 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 first page. Andrew emphasizes oral argument, working tirelessly to develop themes specifically for oral argument that magnify -- not merely parrot -- the briefing.