CASES

Mr. Silberberg’s arbitrations have been approximately evenly divided between sole arbitrator cases and three-arbitrator panel cases. His cases are typically high-value matters and substantively and/or procedurally complex. He has been a popular choice as tribunal chair in panel cases, having received more than 30 such appointments from 2018 to 2023.

Mr. Silberberg’s service as a neutral has spanned numerous subject matter areas, industries, and business sectors, including the following:

BANKING & FINANCIAL: Agreements involving asset purchases; investment banking; hedge funds; investment management; joint ventures; loans & guarantees; membership interest valuations; stock purchases & redemptions; venture capital financing

BIOTECHNOLOGY, LIFE SCIENCES & PHARMACEUTICALS: Best efforts, commercialization, development, joint-marketing, licensing, manufacturing, research grant funding, and take-or-pay agreements

BUSINESS TORTS: Defamation; invasion of privacy; product disparagement; unfair competition

CONSTRUCTION, DESIGN & REAL ESTATE: Agreements involving construction; interior design; real estate acquisition, brokerage, and syndication

CORPORATE GOVERNANCE: Shareholder agreements; limited liability company & partnership operating agreements; breaches of fiduciary duties; freeze outs

EMPLOYMENT: Senior management-level consulting & employment agreements; executive compensation & benefit arrangements; bonuses & earn-out/incentive plans; employment discrimination; sexual harassment; wage-and-hour claims

ENTERTAINMENT & MEDIA: Media spokesperson endorsement agreements; book, motion picture, television and theatrical commercialization and development rights agreements; concert/festival sponsorship agreements

ENERGY, INFRASTRUCTURE & OUTSOURCING: Electricity, oil and gas, solar and wind energy agreements; municipal water/waste system operation; coal mine valuation; IT and finance infrastructure and outsourcing agreements

FOOD, BEVERAGE & HOSPITALITY: International food, beverage, and ingredient supply agreements; hotel operator agreements

FRANCHISING: Franchise, sub-franchise, and area development agreements in hotel, mobile storage, real estate brokerage, restaurant, and wireless telecommunications sectors

HEALTHCARE: Payor/provider disputes; insurer/network pharmacy disputes; mental health parity disputes; medical/dental practice acquisition, operating, and partnership agreements; pharmacy benefits manager agreements

INSURANCE: D&O, disability, general liability, healthcare, marine, property & theft, and professional liability, including coverage disputes, and defense and indemnification obligations

INTELLECTUAL PROPERTY: Copyright grant agreements; patent and trademark infringement claims; intellectual property licensing and transfers; misappropriation of trade secrets

LAW & ACCOUNTING: Legal and accounting malpractice; law and accounting firm partnership terminations; litigation/arbitration funding agreements; executive & professional recruiting agreements

MERGERS & ACQUISITIONS: Breaches of representations and warranties; post-merger adjustment disputes; earn-out disputes; breaches of non-competition and non-solicitation covenants

PRODUCT DISTRIBUTION: Cancellations/terminations and other aspects of manufacturing, wholesale distributor, retail dealer, procurement, supply, consignment, lease, sales representative and other agreements in automobile, biotechnology, business equipment, energy, food and beverage, hospitality, medical device, pet product, pharmaceuticals, professional sports, technology, wireless telecommunications, and other sectors

PROFESSIONAL SPORTS: Television revenue sharing, marketing and licensing agreements involving professional baseball, rugby, and soccer league franchises; international sports and entertainment licensing and promotional agreements

TECHNOLOGY: Software development; technology collaboration, licensing, and transfers; blockchain and wireless technology

TRANSPORTATION: Aircraft acquisition and partnership agreements; aviation equipment leasing agreements; airline route sharing agreements