Daniel S. Silverman

Partner
Daniel Silverman

Dan Silverman has more than 30 years of experience successfully defending against consumer false advertising class actions for food, beverage, and dietary supplement companies throughout the country, and litigating competitor false advertising suits brought under the Lanham Act. Dan also frequently defends against class actions involving privacy statutes, autorenewal laws, and the Telephone Consumer Protection Act (TCPA), as well as suits arising under California's Proposition 65. He also has a winning track record litigating a wide variety of complex commercial and intellectual property disputes.

A seasoned trial attorney, Dan has tried to verdict or arbitration award more than two dozen disputes. He is skilled at distilling complex facts to the key kernels of information that will resonate with and persuade the judge, jury, or arbitrator.

Dan is mindful of his clients' bottom line, and tailors his litigation strategy toward ensuring that his clients' end goals are met in a cost-efficient manner. This includes resolving disputes through early settlement negotiations and motion practice, and using various alternative dispute resolution techniques.

Experience

Representative Matters

  • Represented dietary supplement companies in false advertising class actions alleging false and misleading product claims
  • Represented homeopathic drug companies in false advertising class actions contesting efficacy of products
  • Represented a large snack food company in several false advertising class actions 
  • Represented a bottled water company in class actions arising out of alleged environmental marketing claims
  • Represented a beverage company in dozens of nationwide, state, and consumer class actions arising out of health claim advertising
  • Represented a juice company in false advertising disputes involving juice labeling
  • Represented food, beverage, dietary supplement, and consumer goods companies in competitor false advertising disputes
  • Represented companies in class actions in which companies were accused of violating California's Invasion of Privacy Act, also known as the two-party consent electronic recording statute
  • Represented companies in class actions brought under the Telephone Consumer Protection Act (TCPA), a federal statute that prohibits telephone solicitations and use of automatic telephone dialing systems, artificial or prerecorded voice messages, and text messages without prior expressed consent
  • Represented companies in various industries sued under California’s Proposition 65
  • Represented a telecommunications company in a billion-dollar class action brought by former employees alleging entitlement to accelerated vesting of unvested stock options
  • Represented a computer software company in an antitrust overcharge class action
  • Represented a consumer products company in dozens of trademark infringement and anti-piracy lawsuits across the country, involving the sale of counterfeit goods
  • Represented a telecommunications company in a patent infringement lawsuit against a major competitor
  • Represented a telecommunications company in a patent infringement lawsuit involving wireless communication handset technology
  • Represented dietary supplement companies in patent infringement litigation involving various ingredients in products
  • Represented a high-technology company in a patent infringement lawsuit involving technology used to make hard disc drives
  • Represented a consumer entertainment company in patent infringement litigation involving parental control technology in televisions
  • Represented a software company in trade secret litigation alleging theft of confidential software by former employees
  • Represented a former marketing director in a lawsuit alleging theft of trade secrets by a flashlight manufacturer

Representative Clients

  • Welch Foods
  • Promotion In Motion Companies
  • GNC
  • Fiji Water
  • POM Wonderful
  • Philip Morris
  • Sara Lee
  • QUALCOMM
  • Kyocera
  • Microsoft
  • Sony Electronics
  • Seagate Technology

Insights

Credentials
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Education

  • J.D. cum laude Harvard Law School 1988
  • B.A. magna cum laude University of Colorado 1985

Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court

Professional Memberships and Activities

  • Member, American Bar Association
  • Member, Los Angeles County Bar Association 
  • Past board member and officer, Association of Business Trial Lawyers
  • Past board member and president, San Diego Volunteer Lawyer Program

Recognition
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  • Legal 500Media, technology and telecoms - Advertising and marketing – litigation, 2021 – 2022
  • Super Lawyers, San Diego
  • San Diego Volunteer Lawyer Program, Pro Bono Attorney of the Year
  • Heller Ehrman LLP, Pro Bono Attorney of the Year (Firmwide honor)