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.