About Heather J. Silver

Heather is a skilled litigator with extensive trial experience who represents businesses, individuals, and government entities in complex commercial litigation. She is an aggressive advocate who is committed to designing efficient and innovative strategies to safeguard and promote her clients' legal and economic interests. Clients appreciate Heather’s ability to distill complex arguments, making them compelling and accessible for judges and jurors.

Heather focuses her practice primarily on entertainment and intellectual property claims (including claims involving patents, copyrights, trademarks, and trade secrets), as well as complex commercial real estate disputes. Clients also seek her counsel on a wide range of disputes, including contract, fraud, false advertising (both under the Lanham Act and California state law), trade libel/defamation, fiduciary duties, RICO, and various other business disputes.

Heather has unique experience in First Amendment jurisprudence, including the First Amendment defenses to claims of intellectual property infringement, the Noerr-Pennington doctrine, and California's anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which insulates parties from liability in certain situations where their conduct relates to rights of free speech or petition. Heather has obtained dismissal based on First Amendment principles in state and federal courts of would-be claims for a wide array of business torts, such as interference with economic advantage and unfair competition, as well RICO and civil rights violations, sparing her clients the cost and intrusion of discovery and extended litigation.

 

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Services

Areas of Law

  • Litigation
  • Commercial Litigation
  • Other 5
    • Appeals & Legal Issues
    • Media & Entertainment Litigation
    • Intellectual Property Litigation
    • Data Privacy & Cybersecurity
    • Restaurant Industry

Practice Details

  • Languages
    French
    Spanish
  • Firm Information
    Position
    Shareholder
    Firm Name
    Greenberg Traurig, LLP
  • Representative Cases & Transactions
    Cases
    Experience: Intellectual Property: Representation of SHEIN in a variety of copyright, trademark,
    trade dress matters.
    Representation of multi-Grammy Award-winning rapper against claims of copyright infringement.
    Representation of music labels
    pop star against claims of infringement of copyrighted song lyrics, obtaining dismissal with prejudice
    defending dismissal on appeal, Ronk v. Hudson et al., 2:20-cv-09843-FLA (ASx), 2022 WL 3013214 (C.D. Cal. Feb. 23, 2022)
    Appeal No. 24-145 (9th Cir.).
    Representation of global toy company in patent infringement suit, obtaining preliminary injunction against marketing
    sale of infringing products online
    by major retailers.
    Representation of biotechnology company accused of trademark infringement, Anticancer, Inc. v. PDOX, Inc. et al., 3:18-cv-01543-CAB-MDD (S.D. Cal.)
    Representation of circuit developer in asserting trade secret claims, Anokiwave, Inc v. Rebeiz et al., 3:18-cv-000629-JLS-MDD (S.D. Cal.).
    Representation of veteran-owned gift company in contractual dispute over use of trademarks, Bullets2B
    ages, LLC v. Caliber Corp., 3:18-cv-00669-GPC-MSB (S.D. Cal.).
    Representation of production companies in asserting copyright infringement claims for unauthorized streaming distribution of film, FU2 Prods., Ltd. et al. v. Screen Media Ventures, LLC, 3:17-cv-02200-H-JLB (S.D. Cal.).
    Representation of near-field communication technology developer as intervenor in patent infringement lawsuit, Prencipe et al. v. KERV Wearables LTD, 5:16-cv-02441 (N.D. Cal.)
    Representation of beverage company in trademark dispute involving product slogan.
    First Amendment: Secured reversal in the California Court of Appeal of the erroneous denial of a city's anti-SLAPP motion filed against breach of contract
    due process claims based on the political activities of the city's elected officials, Redondo Beach Waterfront, LLC v. City of Redondo Beach, No. B292007 (Cal. Ct. App. Apr. 27, 2020).
    Obtained in the trial court
    successfully defended in the California Court of Appeal dismissal pursuant to the anti-SLAPP statute of defamation, interference,
    unfair competition claims in dispute involving patent ownership rights, Esos Rings, Inc. v. Prencipe et al., No. BC652020 (Cal. Super. Ct.)
    No. B287875 (Cal. Ct. App. Nov. 26, 2019).
    Secured dismissal of trade libel, interference,
    unfair competition claims pursuant to the anti-SLAPP statute on behalf of an international technology analyst firm
    its founder
    CEO relating to the authorship of a blog post, Avasant LLC v. HFS Research LLC et al., No. 18STCV04626 (Cal. Super. Ct.).
    Obtained dismissal of RICO claims
    allegations of civil rights violations filed against a Fortune 500 oil
    gas company under the federal Noerr-Pennington doctrine immunizing petitioning activities.
    Entertainment: Representation of grammy-nominated electronic music producer
    singer against contract
    fraud claims asserted by former employee, Dann v. Zhu et al., No. 20SMCV00975 (Cal. Super. Ct.).
    Representation of grammy-award winning pop superstar in proceedings to terminate conservatorship
    settle accountings.
    Successfully defended a leading international entertainment company in a six-month, high-profile, multibillion-dollar wrongful death trial centering around allegations of negligent hiring.
    Real Estate: Obtained multimillion-dollar award for relocation of commercial businesses at administrative trial before California Department of Transportation, Relocation Appeals Board.
    Representation of leaseholders in commercial lease disputes involving complex lease interpretation issues in court
    arbitration.
    Representation of nine-figure lienholder in dispute over lien priority.
    Representation of lenders in recovery of loan funds in dispute over authority to provide deed of trust.
    Representation of Fortune 500 title insurer in various title coverage disputes.
    Other Representative Matters: Representation of publicly traded biotechnology company in contract, fraud,
    business interference dispute with former adviser.
    Representation of Fortune 50 bank in various disputes against allegations of fraud
    negligence.
    Defeated at a three-day bench trial claims of fraud relating to manufacturing agreements on behalf of a distributor
    its primary shareholder.
    Obtained dismissal of claims for fraud
    violations of consumer protection statutes under New York, Connecticut,
    Vermont law on behalf of a Fortune 100 insurance company.
    Obtained dismissal of a civil action filed by the United States of America alleging a unit of a publicly traded company failed to honor an IRS levy.
    Pro Bono: Secured release of individual sentenced to life in prison
    incarcerated for more than thirty years under Incarceration Reduction Amendment Act / Second Look Amendment Act in recognition of individual's traumatic upbringing, youth at the time of the offense,
    dedication to self-improvement while incarcerated, United States of America v. Long, 1992 FEL 010579.
    Obtained reversal in the Ninth Circuit Court of Appeal of an inappropriately granted summary judgment award against an inmate whose First Amendment Free Exercise rights were violated, Monts v. Arpaio, 570 Fed. Appx. 677 (9th Cir. 2014).
    Coauthored Amicus Brief advocating for harmony in interpretation of select provisions of the Long-Term Care

    the Lanterman Acts, Dep't of Pub. Health v. Superior Court of Sacramento Cnty., S214679, 2014 CA S. Ct. Briefs LEXIS 4404 (Cal. Supreme Court).
    The above representations were h
    led by Ms. Silver prior to joining Greenberg Traurig, LLP.
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    California
    U.S. District Court for the Northern District of California
    U.S. District Court for the Central District of California
    U.S. District Court for the Southern District of California
    U.S. Court of Appeals for the Ninth Circuit
    Memberships

    Professional & Community Involvement

    •Member, Media Law Resource Center, Anti-SLAPP Committee
    •Member, Los Angeles County Bar Association
    •Member, National Association for Women Lawyers

  • Education & Certifications
    Law School
    Loyola Law School, Los Angeles
    Class of 2012
    J.D.
    summa cum laude, Valedictorian; Order of the Coif
    Other Education
    Boston University
    Class of 2009
    B.A.
    magna cum laude

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Attorneys FAQs

  • How many attorneys are in this law firm?
    Greenberg Traurig, LLP has 2750 attorneys at this location.
  • What law school did this attorney attend?
    Heather J. Silver attended Loyola Law School, Los Angeles.
  • What year was this attorney's law firm established?
    Greenberg Traurig, LLP was established in 1967.