Elliot Silverman
Elliot Silverman, a member of the New York and California bars, was a partner in the Firm's Litigation Department from 1986 to 1997, and re-joined the Firm in 2011 as Partner in Charge of the Firm's California office.
For over 30 years, Mr. Silverman has successfully represented individuals, domestic and multinational corporations and foreign governments in commercial, white-collar criminal and tax litigation in federal and state trial and appellate courts. He has managed complex, multi-jurisdictional and cross-border litigations involving securities, intellectual property, real estate, banking, federal and state taxes, antitrust, arbitration, unfair competition, civil and criminal fraud, corporate and partnership disputes and professional liability claims.
A proven appellate advocate, Mr. Silverman has briefed and argued over 35 appeals in federal, California and New York appellate courts.
Mr. Silverman received his law degree Magna Cum Laude in 1978 from Harvard Law School. He is admitted to practice in New York; California; the United States Supreme Court; the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh and Ninth Circuits; the United States District Courts for the Southern and Eastern Districts of New York, the Central, Southern and Eastern Districts of California and the District of Colorado; and the United States Tax Court.
Areas of Practice
- White-Collar Criminal
- Intellectual Property
- Real Estate
- Banking
- Federal and State Taxes
- Antitrust
- Arbitration
- Unfair Competition
- Civil and Criminal Fraud
- Corporate and Partnership Disputes
- Professional Liability Claims
Litigation Percentage
- 100% of Practice Devoted to Litigation
Bar Admissions
- California
- New York
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Southern District of California
- U.S. District Court Eastern District of New York
- U.S. District Court Southern District of New York
- U.S. District Court District of Colorado
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit
- U.S. Court of Appeals 4th Circuit
- U.S. Court of Appeals 5th Circuit
- U.S. Court of Appeals 6th Circuit
- U.S. Court of Appeals 7th Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Supreme Court
- U.S. Tax Court
Education
- Harvard University Law School, Cambridge, Massachusetts
- J.D. (Magna Cum Laude) - 1978
- Brooklyn College of the City University of New York, Brooklyn, New York
- B.A. (Summa Cum Laude) - 1975
- Honors: Phi Beta Kappa
Published Works
- Arbitration, Class Actions, and Unconscionability, Orange County Lawyer, October, 2010
- In Search of Deep Pockets, The Recorder, May, 2008
- Be Careful Out There: The IRS Has Lawyers in its Cross-Hairs, Orange County Lawyer, January, 2008
- Turning the Other Cheek: Tax Fraud, Tax Protest and the Willfulness Requirements - Taxes, The Tax Magazine, May, 1991
- Is Affirmative Misconduct Necessary for Tax Evasion? Journal of Taxation, February, 1987
- The Fifth Amendment Privilege for Corporate Documents, Taxes-The Tax Magazine, January, 1986
- Life During Wartime: The Civil Problems of the Tax Shelter Promoter, 44 NYU Institute of Federal Taxation, 1986
Representative Cases
- California Department of Social Services v. Leavitt, 523 F.3d 1025, (Administrative Law) (9th Cir. 2008)
- Virtanen v. O'Connell, 44 Cal. Rptr. 3d 702, (Attorneys' Liability) (Cal. App. 2006)
- VHB Associates v. ORIX Real Estate Equities, 95 Fed. Appx. 853 (9th Cir. 2004)
- Nelson v. Pilkington PLC, 385 F.3d 350, (Fifth Amendment privilege) (3d Cir. 2004)
- Nelson v. Pilkington PLC, 544 U.S. 948, cert. denied, (Fifth Amendment privilege) (2005)
- Aceros Prefabricados S.A. v. TradeArbed, Inc., 282 F.3d 92, (International Arbitration) (2d Cir. 2002)
- Hamilton Bank v. Kookmin Bank, 245 F.3d 82, (International letter of credit) (2d Cir. 2001)
- Transatlantic Schiffartskontor GmbH v. Shanghai Foreign Trade Corp., 204 F.3d 384, (Foreign Sovereign Immunities Act) (2d Cir. 2000)
- Transatlantic Schiffartskontor GmbH v. Shanghai Foreign Trade Corp., 532 U.S. 904, cert. denied, (Foreign Sovereign Immunities Act) (2001)
- Hanil Bank v. PT. Bank Negara Indonesia, 148 F.3d 127, (Foreign Sovereign Immunities Act) (2d Cir. 1998)
- DeAngelis v. Korea First Bank, 678 N.Y.S.2d 133, (Banking) (App. Div. 2d Dep't 1998)
- Automation Source Corp. v. Korea Exchange Bank, 670 N.Y.5.2d 1, (International letter of credit) (App. Div. 1st Dep't 1998)
- Yang v. Korea First Bank, 668 N.Y.S.2d 363, (Banking; civil RICO) (App. Div. 1st Dep't 1998)
- Kader v. Paper Software, Inc., 111 F.3d 337, (Employment Litigation) (2d Cir. 1997)
- Tri-State Sol-Aire Corp. v. Gold & Wachtel, 659 N.Y.S.2d 509 (App. Div. 2d Dep't 1997)
- International Minerals & Resources v. Pappas, 96 F.3d 586, (Tortious interference with contract) (2d Cir. 1996)
- International Minerals & Resources v. Pappas, app. after remand, 5 Fed. Appx. 5, (Tortious interference with contract) (2d Cir. 2001)
- Resolution Trust Corp. V. Young, 925 F. Supp. 165, (Bank Directors' Liability) (S.D.N.Y. 1996)
- Pache v. Wallace, Fed Sec. L. Rep. 98,643, (Securities Fraud) (E.D. Pa.)
- Pache v. Wallace, aff'd mem., 72 F.3d 123, (Securities Fraud) (3d Cir. 1995)
- Stroll v. Epstein, 818 F. Supp. 640, (Contracts) (S.D.N.Y.)
- Stroll v. Epstein, aff'd mem., 9 F.3d 1537, (Contracts) (2d Cir. 1993)
- Hambrose Leasing 1984-5 L.P. v. Comm'r, 99 T.C. 298, (Tax shelter) (1992)
- Faircloth v. Finesod, 938 F.2d 513, (Civil RICO) (4th Cir. 1991)
- Bausch v. Philatelic Leasing, Ltd., 728 F. Supp. 1201, (Civil RICO) (D. Md. 1989)
- In re Feldberg, 862 F.2d 622, (Attorney-client privilege; grand jury subpoena) (7th Cir. 1988)
Professional Associations and Memberships
- American Bar Association
- Orange County Bar Association
Fraternities/Sororities
- Phi Beta Kappa
