Daniel M. Silver | McCarter & English, LLP

"Dan Silver is incredibly responsive, knowledgeable and business-minded." —Chambers USA

Daniel Silver, Wilmington Office Co-Managing Partner and a member of the firm’s Executive Committee, is a litigation and trial attorney whose practice spans across intellectual property litigation and other high-stakes litigation disputes. He spends a substantial portion of his time representing clients in the pharmaceutical industry, particularly innovator clients as plaintiffs in Hatch-Waxman or BPCIA litigation. In addition to his lead counsel work, when some of the nation’s most prestigious law firms need Delaware counsel to guide them in litigation disputes, they choose Dan.

Committed to pro bono, Dan always has at least one active pro bono case at any time, and proudly serves on the Board of Directors for Delaware Volunteer Legal Services.

Dan recently co-authored the Delaware chapter of A Practitioner’s Guide to Class Actions, Second Edition, published by the American Bar Association in 2017.

Secured a victory at the Delaware Supreme Court for House of Lithium, Ltd., a private equity fund, when the court affirmed the decision of the Delaware Court of Chancery relating to an alleged breach of stock purchase agreements valued at almost $100 million. The Chancery Court found that although the agreements were valid contracts, the plaintiffs failed to satisfy the necessary conditions to close, and as a result, our client was not obligated to proceed with the transaction.

Represented biotech company ArcherDX in a jury trial in Delaware federal court. Jury found that European genetic testing company Qiagen willfully infringed a pair of patents owned by ArcherDX and Massachusetts General Hospital, awarding royalties and lost profits totaling about $4.7 million.

Represented the plaintiffs in multi-defendant Hatch-Waxman litigation which resulted in favorable resolutions on the eve of trial.

Representing plaintiffs in ongoing biosimilar litigation.

Representing large pharmaceutical company in Hatch-Waxman litigation and assisted client in obtaining a preliminary injunction enjoining launch of generic products prior to entry of judgment.

Representing the defendant in a breach of contract and alleged misappropriation of trade secrets dispute.

Representing the defendants in class action antitrust litigation and follow-on state attorney general litigation.

Represented defendant in fraud and breach of contract litigation. Negotiated a resolution saving defendant over $40 million in claimed damages.

Represented the stockholders’ representative in a post-acquisition indemnification dispute. Negotiated resolution saving stockholders tens of millions of dollars in claimed indemnification.

Represented defendants in breach of contract and misappropriation of trade secrets action. Clients prevailed following jury trial and again on appeal.

Represented a stockholder in successfully challenging and invalidating a provision requiring stockholders to personally indemnify the buyer in a merger transaction.

Secured a victory for an incarcerated man in a case alleging that the client’s Eighth Amendment rights were violated during a sexual assault by a prison guard. After a two-day trial in the District of Delaware, the jury returned a verdict in favor of our client, including an award of punitive damages.

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