Glen Silverstein - Partner  

New York
Tel: 212-486-2400
Fax: 212-486-3099
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As lead trial counsel, Glen has won trials in Federal and State courts and before arbitration panels for DuPont, Morgan Stanley, Guardian/Park Avenue Securities, Bankers Financial, Lincolnshire Management, Sun Chemical, Paul Stuart, Global Brands Marketing, Compass Partners and Whirlpool. Glen combines trial instincts and skills with an affinity for and training in complex economic problems to present the client’s case in a direct and persuasive manner.

Commercial and Securities Litigation
Recent trial work includes a four-week arbitration in a dispute between private equity partners and a three-week arbitration over alleged market manipulation on an electronic exchange's commodities index. Prior to this, he won a trial in New York Supreme Court invalidating facially valid promissory notes worth millions of dollars on the grounds that the purchaser of a corporation should not have to pay off notes which really represented capital contributions rather than debt. In Federal Court, Glen won the trial of a $30 million breach of contract claim brought by the Italian clothing company Diesel against its US licensee/distributor. For Compass Partners, he won an arbitration involving a joint venture agreement for the distribution of a prominent Italian brand in the U.S. Glen also won a FINRA arbitration in an MBS trading dispute.

Glen has been very involved in matters relating to the U.S. Government's probe into untaxed assets held in foreign countries.

Glen handles complex commercial matters for clients such as Verizon, Honeywell, Dow Corning, Lincolnshire Management and Morgan Stanley. For Morgan Stanley, Glen prevented an attachment of “intangible contract rights” worth $20 million which allowed the delivery of Liquefied Natural Gas (LNG) to Buenos Aires during an energy shortage. Glen has handled other work for Morgan Stanley relating to LNG, as well as other energy products. Glen has also handled numerous cases relating to investment banking issues and complex trading disputes. For clients such as Morgan Stanley and The Guardian/Park Avenue Securities, he has won multiple NASD/FINRA arbitrations, including cases brought by corporate pension plans alleging improper investments. He has represented Lincolnshire Management, a private equity company, in a number of major litigations including winning a multimillion dollar arbitration brought by a business finder in connection with an acquisition. He won the trial of a breach of contract action in New York Supreme Court’s Commercial Division, for the high end retailer Paul Stuart, in a complex case concerning the obligations of a Japanese licensee.

Glen's experience includes defending a private equity company against a derivative suit brought by fund investors, representing the seller in a $200 million accounting fraud action arising from a corporate divestiture in which he took over 50 depositions; a breach of contract and fraud action concerning alleged environmental misrepresentations; an $80 million mass consolidation of national property damage claims; actions arising out of breaches of agency, consulting, and confidentiality agreements; corporate raiding cases; and disputes arising out of interest rate swaps and foreign currency exchange derivatives.

Glen has worked closely with private equity clients on a number of litigations relating to their investments and their funds. These cases frequently require an in-depth knowledge of both the investment and management process.

Intellectual Property Litigation

Glen has represented clients in copyright, trademark and other IP-related disputes, including disputes relating to computer software, electronic trading platforms, shoes and apparel, food packaging, toys, dolls and music. A lifelong fan of the King, Glen is proud to have represented Elvis Presley Enterprises in a $5 millon royalty dispute.

Product liability and Serious Personal Injury
Glen also has extensive experience defending large product liability and personal injury cases having represented DuPont, Whirlpool, Dresser Industries and other product manufacturers for over two decades.

Many of these cases have involved complex fact patterns, technical issues and extensive expert testimony. Cases have involved the cause of a LifeStar helicopter crash, the design of a race car’s safety features/roll cage, fire hydrant design issues, and fire causation. In the race car case (the driver was killed), Glen was selected to take over the case, which was pending in Chicago, near the close of discovery, and handle the expert phase as well as the trial.

Education

  • University of Chicago, J.D. (1990)
  • University of Vermont, B.A., Magna Cum Laude (1987)

Admissions

  • New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court Northern District of New York
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 6th Circuit

Professional Activities/Awards

  • Rated AV Preeminent by MartindaleHubbell
  • New York Super Lawyers (2007-2017)
  • New York State Bar Association
  • New York City Bar Association
  • Defense Research Institute

Publications/Presentations