Hon. Richard M. Silver (Ret.)

T: 408-288-2240
F: 408-295-5267
Business/Commercial
Hon. Richard M. Silver (Ret.) has extensive experience resolving a wide range of Business and Commercial cases including breach of contract disputes, dissolutions of partnerships, real property cases, bankruptcy matters, fraud claims, and allegations of trade secret violations. His cases have ranged from diverse sectors such as the hotel, insurance, financial, technology, and agriculture industries.

One prominent Bay Area litigator was quoted in a Daily Journal profile of Judge Silver stating he brought with him the proper demeanor and knowledge to navigate a contentious mediation: “He was kind and fun and told stories when it was called for… and he was tough as nails when that was called for.”

Representative Matters

Judge Silver has handled the following representative matters at JAMS:
  • Handled a breach of contract and fraud dispute between a major hotel and a leading loan company during the savings and loan crisis
  • Resolved numerous dissolution disputes involving  partnerships in diverse industries including the medical field and accounting firms
  • Arbitrated a breach of contract dispute with complex fraud claims concerning the purchase of wine bottling equipment
  • Handled complex disputes for major corporations and technology firms regarding allegations of trade secrets violations and theft by key personnel
  • Resolved complex case concerning allegations of misrepresentation of the pre-payment provision in mortgage documents
  • Heard numerous disputes between companies relating to the sale of sub-prime loan securities
  • Heard complex banking case involving claims of negligence relating to the interpretation of the deposit agreement and alleged embezzlement
  • Mediated international dispute relating to a large judgment obtained by one party against the other and attempts to collect stateside, in Bankruptcy court, and in the Philippines as well
  • Settled multiple agribusiness disputes concerning breach of contract claims for defective seeds
  • Resolved complex multi-session professional malpractice case between purchaser of significant commercial properties against various brokers
  • Settled multi-session dispute, with significant bankruptcy and coverage problems related to workers’ compensation, for claims of over payment and fraud against brokers and others
  • Resolved doctor's breach of contract dispute against a hospital
  • Mediated multi-session case regarding allegations of breach of contract against a financial institution involved in a joint real estate development venture
  • Mediated complex dispute involving multiple cross claims and bankruptcy issues arising from the purchase and sale of financial investment company
  • Settled complex multi-session case, including bankruptcy issues, stemming from doctors’ formation and transfer of medical and surgical centers
  • Resolved multi-session trade secrets violations and fraud case arising from the purchase and sale of a commercial printing business
  • Handled breach of contract dispute, with various financial and contractual interpretation issues, between a box manufacturer and an agricultural company
  • Mediated a complex breach of contract case involving a significant facility management agreement
  • Resolved a complicated landlord-tenant and sub-tenant dispute involving lease interpretation and causation issues 

Honors, Memberships, and Professional Activities

  • Recognized as a "Top Neutral," Daily Journal, Top California Neutrals List, 2013
  • Member, California Judges Association, 1977-present; (Chair, Civil Law and Procedure Committee, 1998-2000)
  • Past Chairman, Board Member Emeritus, Honorary Doctorate of Law, Monterey College of Law
  • Judicial Council Family Court Service Advisory Committee (Chairperson, 1987-1990)
  • Faculty, California Center for Judicial Education and Research (CJER); California Judges Association; National Judicial College
  • Captain, U.S. Army, 1966-1968, Bronze Star U.S. Army Medal Honor, 1st Degree (Civic Action), presented by the Republic of Vietnam

Background and Education

  • Judge, Monterey Superior Court, 1977-2002 (Presiding Judge, 1980, 1986; Asst. Presiding Judge, Monterey Branch, 1984, 1987, 1996, 2000-2002; Civil Supervising Judge, 1996-1998, 2000-2002)
  • Partner, Heisler, Stewart, Silver & Daniels, Carmel, CA, 1969-1977
  • LL.B., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1966
  • B.S., University of California Berkeley, 1963

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

October 14-15, 2014
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