loader
Page is loading...
Print Logo Logo
Marc Silver, Chicago Attorney
OVERVIEW

Marc S. Silver

Partner

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-8321

F 312-759-5646

Email : marc.silver@btlaw.com

With more than 25 years of dispute resolution experience, Marc Silver is dedicated to serving as a persuasive and convincing advocate who is personally committed to delivering the passion, know-how, skill, and right team of lawyers needed to protect his clients’ bottom line.

OVERVIEW

With more than 25 years of dispute resolution experience, Marc Silver is dedicated to serving as a persuasive and convincing advocate who is personally committed to delivering the passion, know-how, skill, and right team of lawyers needed to protect his clients’ bottom line.

Marc represents individuals, business entities, and nonprofit organizations in complex litigation matters throughout the country in federal and state courts or in mediation/arbitration. He has successfully handled hundreds of corporate and business disputes concerning shareholder rights, partnership interests, profit sharing, contract liability, breach of fiduciary duty, fraud, restrictive covenant enforcement, trade secrets recovery, real estate interests, construction defects, insurance coverage, and franchisor rights.

Marc takes defending his clients’ rights to heart by advocating their interests in the way he would want to be represented. He identifies the key facts and designs and executes a cogent litigation strategy focused on leveraging every phase of the dispute resolution process to his clients' advantage.

With a singular focus on realizing his clients' goals, Marc can and will go the distance in litigation if it is in his clients' best interest to do so. He has successfully tried bench and jury trials, and arbitrations to verdict and defended those victories on appeal. Appreciated by clients and colleagues alike for his outgoing personality and willingness to speak his mind and be aggressive when appropriate, Marc understands the legal and emotional dynamics of discord, and does not hesitate to push back aggressively in service to those he represents.

A former member of the firm’s Management Committee, Marc has first-hand experience with the challenges and risks associated with running a business today. He brings this sensitivity to bear when guiding clients through even the most high-stakes, serious lawsuits.

Honors

40 Under Forty, Chicago Daily Law Bulletin and Chicago Lawyer, 2010

EXPERIENCE
Experience
  • Represented pharmaceutical wholesaler in defense of multi-million contract claim for product delivered. Prosecuted counterclaim for fraudulent inducement and rescission. Following nine-day arbitration, prevailed on all counts, defeated liability, and obtained affirmative award for damages, attorneys’ fees, costs, and interest in excess of $5 million.
  • Represented anesthesia group in lawsuit for breach of restrictive covenant and breach of fiduciary duty against former member doctor. Following jury trial, obtained jury verdict in favor of anesthesia group on all counts, enforced restrictive covenant, and obtained disgorgement of over a half million dollars for wages and benefits earned during breach of fiduciary duty.
  • Represented maternal fetal medicine specialist in defense of claim under a profit-sharing agreement with an OBGYN group. Following arbitration, prevailed on all counts, defeated liability, and obtained affirmative award for damages, attorneys’ fees, costs, and interest in excess of $4 million.
  • Represented manufacturer in lawsuit brought by IT vendor for breach of contract.  Following bench trial, obtained verdict awarding de minimus damages to plaintiff and successfully defended favorable verdict on appeal.
  • Represented food services company in its successful defense of a multi-million-dollar claim brought by nationally known event producer. Obtained summary judgment for client and also prevailed on a Daubert challenge to plaintiff's expert that led to the expert being barred from testifying and negating plaintiff's damages claim.
  • Represented food services company in prosecution of breach of contract claim concerning services at the Palace arena in Auburn Hills, MI.
  • Represented food services company in prosecution of breach of contract claim concerning services at Arrowhead Stadium, in Kansas City, MO.
  • Represented food services company in defense of claims brought by arena operator and prosecuted counterclaims for breach of contract for wrongful termination and lost profits concerning the Newark, NJ arena.
  • Represented food services company in defense of breach of contract claims brought by operator of arena in Sunrise, Florida.
  • Represented food services company in defense of breach of contract claims brought by operator concerning services at the arena in Tampa, Florida.
  • Represented employee against corporation for amounts owed under a Phantom Equity Interest Agreement. Following defeat of company’s motion to dismiss lawsuit, obtained favorable settlement for client.
  • Represented shareholders of the J.R. Simplot Company in a derivative lawsuit against certain members of the Board of Directors and Offices of the J.R. Simplot Company, one of the largest privately held companies in the U.S., for improperly using company assets for their personal benefit to the detriment of the company and its shareholders. After defeating multiple motions to dismiss and for summary judgment brought by the Directors, Officers, and the Company, the lawsuit was settled to the satisfaction of the plaintiff shareholders.
  • Represented minority owner of company in prosecution of claims for greater ownership interest and to stop majority owner’s attempt to force minority owner to go accede to sale of company. Claims led to minority owner’s favorable acquisition of company.
  • Represented association in defense of severance and benefits claim by former executive officer. Following prosecution of counterclaims against executive for wrongdoing, matter resolved by mutual walkaway.
  • Defended a majority shareholder of privately held radio station in lawsuit brought by dissident minority shareholder premised on minority oppression. Defended oppression claim and prosecuted counterclaim against minority shareholder for converting corporate assets. Case settled with buyout of minority shareholder on favorable terms.
  • Represented a group of investors in the prosecution of a breach of contract claim and obtained summary judgment on promissory note. Collected full amount owed through citation to discover assets on behalf of clients.
  • Represented casino developer is successfully construction claim against general contractor for cost overruns.
  • Represented private student housing owners/developers in construction claims for housing developments.
  • Represented association in defense of breach of contract claims with a publisher.
  • Represented a medical equipment manufacturer and home care service provider in defense of claim involving the failure to deliver a private jet to the intended buyer based on buyer’s failure to properly mitigate its damages, leading to lawsuit being settled favorably.
  • Represented a student transportation company and successfully prosecuted breach of contract action for improper termination and lost profit damages against school district on behalf of client.
  • Represented company in defense of RICO and multiple state claims and obtained dismissal of RICO claims leading to a loss of federal jurisdiction.
  • Appointed by the Attorney General of Illinois to serve as Special Assistant Attorney General to represent the Governor of the State of Illinois and other members of the Executive Branch in a taxpayer constitutional challenge to health care reform. Caro v. Blagojevich, No. 07-CH-34353 (Cir. Ct. of Cook County 2007).
  • Represented a bank in defense of a claim for fraud brought by subsequent lender concerning alleged overvalued property.
  • Represented a commercial real estate investment company in the successful defense of an attempt by plaintiff to collect on prior foreign judgment.
  • Represented a global printing ink company in the prosecution of a breach of contract claim based on buyer’s failure to honor requirements contract. Case settled favorably for plaintiff client.
  • Represented a major bank in a case involving the prosecution of an internet scheme involving altered checks in the United States District Court for the Northern District of Illinois. Obtained an ex parte Temporary Restraining Order freezing the defendant’s bank accounts and then a favorable settlement.
  • Represented a promotional products company in the defense of breach of contract claims and prosecuted counterclaim for fraud in California. After defeating motion to dismiss counterclaim, lawsuit settled favorably.
  • Represented anesthesiologists in a direct and derivative lawsuit against the head of their medical group for usurping corporate opportunities and diverting corporate revenue for his own gain. Lawsuit settled with significant payment to plaintiffs.
  • Represented Dr. Dennis Mangano in the Court of Chancery, State of Delaware, to obtain control of his stock from a voting trust. Obtained summary judgment in favor of Dr. Mangano that the voting trust had terminated and that he is the owner of the stock. Mangano v. PeriCor Therapeutics, Inc., No. 3777-VCN (Del. Ct. of Chancery 2009).
  • Represented International House of Pancakes, Inc. against a restaurant for trademark and trade dress infringement. Obtaining a Temporary Restraining Order and then a Permanent Injunction and Judgment against the restaurant causing it to be renamed and repainted and from any further infringement of IHOP’s rights. IHOP Corp. v. Langley, No. 5:08cv168 (E.D.N.C., filed Apr. 3, 2008).
INSIGHTS & EVENTS

News

Barnes & Thornburg Attorneys Recognized on Law Bulletin Publishing’s Leading, Emerging Lawyers Lists

Law360 - “Tampa Bay Rays Concession Co. Moves To Nix Contract Suit”

Barnes & Thornburg Attorneys Recognized on Leading, Emerging Lawyers Lists

Bruksch Elected as New Member of Barnes & Thornburg Management Committee

Barnes & Thornburg Names 2013-2014 Firm Managing Partner, Management Committee

Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.
View Our Privacy Policy