Elliot SilvermanPartner

    Elliot Silverman

    As Partner-in Charge of the Firm’s California Office, Elliot Silverman counsels clients on a broad range of litigation matters. For over 35 years, Elliot has tried cases and argued appeals in courtrooms from New York to California and throughout the United States. Combining well-respected legal scholarship with powerful advocacy, he has successfully represented individuals, businesses and foreign governments in high stakes litigation.  A proven appellate advocate, Elliot has briefed and argued over 40 appeals.  He has managed complex, multi-jurisdictional and cross-border litigations and arbitrations, involving corporate and partnership disputes, civil and criminal fraud, unfair competition, antitrust, securities, banking, tax, intellectual property and real estate.  

    “I’ve gone toe-to-toe with some of the most powerful adversaries, including the IRS, the Department of Justice and multinational law firms,” says Elliot. “After 38 years, there are very few tricks I haven’t seen before, and I’ve mastered how to turn ‘bad’ facts into winning legal issues.”

    Publications

    “Criminal Tax Cases,” Ch. in Obermaier & Morvillo, White Collar Crime: Business and Regulatory Offenses (Law Journal Press 2012)

    “The Jurisdictional Quagmire,” Ch. in Melise R. Blakeslee, Internet Crimes, Torts and Scams (Oxford University Press 2010)

    “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

    “Failure to File Syndrome: Legal and Medical Perspectives,” New York Law Journal, Feb. 4, 1994

    “Turning the Other Cheek: Tax Fraud, Tax Protest and the Willfulness Requirement,” Taxes— The Tax Magazine, May 1991

    “Is Affirmative Misconduct Necessary for Tax Evasion?” The Journal of Taxation, February 1987

    “Life During wartime: The Civil Problems of the Tax Shelter Promoter,” 44th N.Y.U. Institute of Federal Taxation, 1986

    “The Fifth Amendment Privilege for Corporate Documents,” Taxes—The Tax Magazine, January 1986

    Representative Cases

    Genger v. Sharon, 910 F. Supp.2d 656 (S.D.N.Y. 2012)

    Represented the defendant in a suit on a promissory note; the court found after trial that the note had never been signed.

    California Department of Social Services v. Leavitt, 523 F.3d 1025 (9th Cir. 2008)

    Obtained a ruling expanding foster parents’ eligibility for welfare payments in a successful appeal to the 9th Circuit.

    Virtanen v. O’Connell, 44 Cal. Rptr. 3d 702 (Cal. App. 2006)

    Successfully defended on appeal a judgment holding a lawyer liable for violating escrow instructions.

    Transatlantic Schiffartskontor GmbH v. Shanghai Foreign Trade Corp., 204 F.3d 384 (2d Cir. 2000), cert. denied, 532 U.S. 904 (2001)

    Successfully obtained reversal on appeal on behalf of a Chinese government trading company, on the ground that it was immune from suit under the Foreign Sovereign Immunities Act.

    International Minerals & Resources v. Pappas, 96 F.3d 586 (2d Cir. 1996), app. after remand, 5 Fed. Appx. 5 (2d Cir. 2001)

    Successfully appealed a decision in favor of the defendants in a suit alleging tortious interference with an international shipping contract; after the reversal on appeal, the client obtained a jury verdict in its favor of over $20 million, which Elliot successfully defended on appeal.

    Elliot Silverman
    Partner / Partner-in-Charge California Office
    esilverman@wmllp.com
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    Tel (NY): (212) 909-9511
    Tel (CA): (949) 660-8824
    Fax: (949) 752-0597

    Education
    Harvard University Law School, J.D., magna cum laude
    Brooklyn College of the City University of New York, B.A., summa cum laude, (Phi Beta Kappa)

    Admissions
    California
    New York

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