Leon Silver is managing partner of Gordon & Rees’ Phoenix office. An accomplished trial lawyer, Mr. Silver is recognized by Best Lawyers in America for commercial litigation and is a member of the American Board of Trial Advocates, one of the premier legal associations of trial lawyers in America. 

As leader of the firm’s Retail & Hospitality and Government Regulatory & Administrative Law practice groups, he Mr. Silver provides counsel to his clients on all aspects of their business operations, with a special expertise in litigation and trial strategies designed to achieve the efficient resolution of all kinds of business disputes, the protection of proprietary information, including trade secrets and data, preventing or protecting clients from government over-reach or over-regulation, and in the prosecution or defense of “high stakes”, “bet the company” and other high-dollar business tort litigation.

With more than 30 years experience handling complicated business and real estate trials, arbitrations, mediations and appeals, Mr. Silver has a proven record of success in the most difficult, high dollar disputes the firm’s clients have faced.

Examples of his successes on behalf of clients include:

• Obtained complete dismissal with prejudice of FTCPA class action, filed by a group of class action plaintiff’s firms, seeking more than $10 billion in damages against his client for allegedly unauthorized text message advertisements to several thousand cell-phone users over the course of several years. 

• Successfully negotiated a nominal settlement payment in response to a $3+ Billion claim brought by the Michigan Attorney General against a textile recycling client accused of falsely soliciting clothing donations on behalf of a local charity. Under the pressure of a Gubernatorial Campaign focused on shutting down fraudulent charitable solicitors, Mr. Silver was able to convince the Attorney General that his client was a legitimate recycling organization, committed to its mission of eliminating waste and improving the environment while supporting deserving charitable organizations.

Mr. Silver has also served as an expert witness on attorneys' standard of care in complex commercial litigation.

In addition to his practice, Mr. Silver is a frequent public speaker and author, writes and records original music, and plays in local rock bands. An accomplished artist, his paintings have been featured in magazines and can be found in offices, homes and public spaces across the country.

Admissions

Arizona
United States Supreme Court
United States Court of Appeals, Ninth Circuit
United States District Court, District of Arizona

Memberships

American Board of Trial Advocates

• Judicial Independence Project Steering Committee Member

DRI The Voice of the Defense Bar

• Retail & Hospitality Committee - Commercial Litigation SLG, Co-Chair
• Commercial Litigation Committee - Cyber Security SLG, Past Chair

Sedona Conference - Working Group 11 - Data Security and Privacy Liability

• Co-Editor for the Sedona Conference Data Breach Response Guide (2020)
• Co-Author for the Sedona Conference Security/Privacy in Civil Litigation (2018)

Arizona Technology Council

• Cybersecurity Committee

Community Involvement

Take the Lead, Board of Directors 2014 - present

Liberty Project

• Founder, 2005
• Community Attorney Advisor 2005 - present

Planned Parenthood Arizona

• Trustee, 2001-present, Co-Chair, 2013-present
• Board of Directors, 1993-2003, Chair, 2001-2003

Phoenix Art Museum

• Contemporary Forum

• Successfully negotiated a walk-away settlement on a multi-million arbitration petition containing allegations of fraudulent conduct and a variety of state statutory violations by the Firm’s international franchisor client related to franchises located in several Eastern states. 
• Prevented a governmental agency from forcing the disgorgement of more than $90 million in revenues paid by a regulated company to his clients by demonstrating that, as a matter of law, the regulations relied on did not apply to these companies.
• Obtained summary judgment against consumer plaintiff in no-injury/no-accident class action alleging consumer fraud because seat belts allegedly false latched.
• Developed an international, multi-jurisdiction litigation strategy that led to the successful settlement of several complex lawsuits on behalf of our client. Mr. Silver conceived of and directed the filing of claims against a number of affiliated entities in five separate lawsuits in U.S. and European courts. After vigorously litigating this matter for more than two years, successfully overcoming jurisdictional and other Rule 12 challenges, and defeating a preliminary injunction counterclaim in one of the cases, Mr. Silver’s team negotiated a favorable settlement of all claims and counterclaims.
• Reversed a $400,000 Department of Homeland Security Administrative Law Judge ruling against his client on appeal to the Ninth Circuit arising from an illegal Immigration and Customs Enforcement raid on the client’s restaurants.  The client walked away with a $100,000 attorney fee payment to the client by the government in full resolution of the case.
• Obtained a defense jury verdict on an $11 million claim by a vendor for alleged wrongful returns, unearned discounts, and breach of the duty of good faith and fair dealing regarding the sale of vendor’s power products (scooters, generators, lights) in client’s stores. Jury agreed with our view that balance of the account was only $10,733. The decision was over-turned by a split panel of the Arizona Court of Appeals, which subsequently rejected his client’s attorneys’ fee claim. Mr. Silver successfully petitioned for review by the Arizona Supreme Court twice, and in each instance obtained a reversal of the Court of Appeals ruling and, ultimately, a victory for his client.
• Successfully prevented an attempt to place his client’s recycling plant into Receivership and fended off claims for damages in the tens of millions of dollars arising from alleged fraudulent activity associated with the solicitation of investment capital in the company. The dispute involved litigation in both Arizona and Florida, investors from several different Central and South American countries, and allegations of money laundering, embezzlement, fraud and racketeering activity.
• Immediately after opening statements in a federal jury trial, the vendor – despite claiming more than $30 million in damages – agreed to client’s pre-trial settlement offer for amounts due on an alleged requirements contract for rebuilt alternators and related products.
• Obtained a significant attorney fee award in favor of medical practice client in a business divorce case, despite the arbitration panel finding that money was owed to the departing doctor. The result was a net payment in client’s favor.

Published Decisions

• Frimmel Management, LLC v. United States of America; U.S. Department of Homeland Security; Immigration and Customs Enforcement, 897 F.3d 1045 (9th Cir. 2018)
• American Power Products, Inc., v CSK Auto, Inc., 390 P.3d 804, 241 Ariz. 541 (2017)
• American Power Products, Inc. v. CSK Auto, Inc., 367 P.3d 55, 239 Ariz. 151 (2016)  
• Frimmel v. Sanders, 236 Ariz. 232, 338 P.3d 972 (App. 2014)
• Levy v. Englund, 2009 Ariz. App. Unpub. LEXIS 972 (Ariz. Ct. App.2009)
• Soling v. McCain, 224 Fed. Appx. 563 (9th Cir. 2007) cert. denied by Soling v. McCain, 552 U.S. 975, 128 S. Ct. 440, 169 L. Ed. 2d 307, 2007 U.S. LEXIS 11528 (2007)
• Fernandez v. Takata Seat Belts, Inc., 210 Ariz. 138 (2005)
• CSK Auto, Inc. v. Davel Communs. Group, Inc., 35 Fed. Appx. 551 (9th Cir. 2002)
• DePasquale v. Superior Court, 181 Ariz. 333 (App. 1995)
• Riely v. Reno, 860 F. Supp. 693 (D. Arizona, 1994)
• Tonnemacher v. Sasak, 859 F. Supp. 1273 (D. Arizona 1994)
• Canon School Dist. 50 v. W.E.S. Const., 174 Ariz. 269 (App. 1992)

Publications

• Word to the Wise: Depositions, DRI Customer Connection, Volume 4 Issue 1 (April 3, 2018)
•  The Sedona Conference Incident Response Guide, Co-editor, Sedona Conference Working Group 11 (March 2018)
• The Internet of Pills: The FDA’s Approval of Digital Smart Pills Takes the Internet of Things to New Levels, Gordon & Rees Privacy Teaches and Breaches Blog (November 2017)
• On a Mission to Bring "True Diversity" to the Field of Law, IILP Review, 2017: The State of Diversity and Inclusion in the Legal Profession,  Institute for Inclusion in the Legal Profession (April, 2017)
• Arizona Voter Registration Database Hacked by Email Designed to Look Like Employee, Gordon & Rees Privacy Teaches and Breaches Blog (October 2016)
• How to Know When to Litigate, In Business Magazine, (May 2016)  
• The Internet of Things ... Where Opportunities and Privacy Collide, Lexis Nexis (March 22, 2016)
• FBI’s Demand for an Apple iPhone Hack Could be Turning Point for Business, Gordon & Rees Privacy Teaches and Breaches Blog (February 21, 2016)
• Applying the Larger Settlement Rule in Multi-Defendant Litigation, 7 Litigation Commentary & Rev. 80, (Fall 2015)
• Insurance Bad Faith: A Compendium of State Law, 4th Ed. DRI, Contributor (Fall 2015)
• Looking Ahead: The Evolution of Male-Female Relationships at Work and at Home, Take The Lead - The Movement Blog (October 5, 2015)
• Supreme Court Issues Opinion on Social Media, Free Speech Case, Maricopa Lawyer (October 4, 2015)
• Mitigation of Damages in Commercial Lease Abandonment Cases, DRI In-House Defense Quarterly (Fall 2015)
• Reaching a Fully Diverse Law Office: Challenges and Opportunities, Take The Lead - The Movement Blog (September 14, 2015)
• 3rd Circuit Ruling in FTC v. Wyndham Affirms Broad Governmental Authority Under Section 5, Gordon & Rees Privacy Teaches and Breaches Blog (September 2, 2015)
• Legal Hazards on the Golf Course, Law360 (August 24, 2015)
• Fiduciary Duty and the Wholly Owned Company, 51 Arizona Bar Journal, Number 11, pg, 24. Arizona Attorney (July/August 2015)
• The Sedona Conference WG11 Brainstorming Group on International Issues in Data Security and Privacy Liability Outline, Contributor, (July 2015)
• How I Became a Male Ally: A Conversation with Leon Silver, Take The Lead - The Movement Blog (June 9, 2015)
• Privacy and Security on the Internet of Things, Gordon & Rees Privacy Teaches and Breaches Blog (May 22, 2015)
• In Highly Watched Case, U.K. Court Allows Google-Safari Consumer Privacy Case to Proceed, Gordon & Rees Privacy Teaches and Breaches Blog (March 30, 2015)
• Don't Be A Plaintiff's Lawyer's Next Victim: Avoiding the Pitfalls of Data Breach Litigation, For the Defense (February 2015)
• Supreme Court to Address Social Media and the First Amendment, Maricopa Lawyer (October 2014)
• Don't be a Bieber: How a Bad Attitude or Poor Preparation for a Deposition Can Destroy Your Case, JD Supra (March 2014)
• Don't be a Cyber-Thief's Next Victim, DRIToday.com (March 2014)
• The Two-Edged Social Media Sword, DRI - The Voice; Volume 12, Issue 48 (December 2013)
• Choice of Law and the Covenant of Good Faith and Fair Dealing: When - or Should We Say Where - Is Compliance with a Contract also a Breach?, For the Defense. DRI, The Voice of the Defense Bar (February 2013)

Presentations

• Program Co-Chair and Panel Moderator for "Fight Against Organized Retail Crime", DRI Retail & Hospitality Litigation Seminar, Atlanta, Georgia (June, 2022)
• Effective Opening Statements, Presenter, 2021 Bench and Bar Conference, Maricopa County Bar Association, Phoenix, Arizona (October 1, 2021)
• Belonging in 2020: How Organizations & Law Firms Can Dismantle Toxic Cultures and Build Inclusive Environments, Panelist, Bar Association of San Francisco 2020 Diversity Conference & Awards, (December 10, 2020)
• Essential Business: Cannabis Retail Operations During a Pandemic. Panel Moderator, DRI Retail & Hospitality Litigation Virtual Seminar, (September 18, 2020)
• Diversity and Inclusion: Social Justice, Ethics, and Equity (Guest Panelist), Triad West Diversity Breakfast, Phoenix, Arizona (September 23, 2019) 
• Effectively Representing Clients in Mediation  (Guest Panelist), Sandra Day O’Connor College of Law, (February 25, 2019)
• Welcoming our Transgender Customers, Panel Moderator, DRI Retail & Hospitality Litigation Seminar, Chicago, Ill (May 4, 2018)
• The State of Diversity and Inclusion in the Legal Profession Symposium, Featured Speaker, Institute for Inclusion in the Legal Profession, Chicago, Illinois and Cincinnati, Ohio (June 2017)
• Effective Use of Cybersecurity Insurance, Breach Scenario Presenter and Panel Moderator, Arizona Technology Council Cybersecurity Summit, Scottsdale, Arizona (May 4, 2017) 
• Cybersecurity and Data Incident Response: Practical Advice for Lawyers and Other Assorted Technophobes, Moderator, ASU-Arkfeld eDiscovery and Evidence Conference (March 8, 2017)
• Tipping Points: The Finer Points of Tipped Employees in Retail & Hospitality, Moderator, Gordon & Rees National Employment Law Webinar Series (August 2016) 
• The Perils of Connectivity: Privacy and Security on the Internet of Things, Presenter, Association of Corporate Counsel Luncheon, Phoenix, AZ (September 29, 2016)
• The Perils of Connectivity: Privacy and the Internet of Things, Panel Moderator, Arizona State Bar CLE by the Sea (July 2016)
• You're Going to Get Breached, But you Don't Have to Get Sued, DRI Retail & Hospitality Litigation Seminar, Chicago, Ill (May 5, 2016)
• How Safe Is That Card? - The Whats and Whys of EMV, Heffernan & Gordon Rees Webinar (April 19, 2016)
• Tales from the [En]Crypted, Heffernan & Gordon Rees Webinar (March 15, 2016)
• National Roundtable Series on Legal Education for the University of California, Irvine School of Law, Participant (March 2016)
• The Sedona Conference Working Group 11 Annual Meeting, Discussion Leader on Data Breach Response Guide, Scottsdale, Arizona (December 2015)
• The Internet of Things – Where Opportunities and Privacy Collide, Panelist, LexisNexis Webinar (October 2015)
• The Perils of Connectivity: Privacy and the Internet of Things, Panel Moderator, Arizona State Bar Convention (June 2015)
• You're Going to Get Breached, But you Don't Have to Get Sued, DRI Commercial Litigation Committee, Beyond the Borders, Emerging Issues in Business Litigation, Seminar, Toronto, Ontario, Canada (June, 2015)
• Data Breach Team Members and Roles, Panel Moderator, Arizona Technology Council Cybersecurity Summit, Scottsdale, Arizona (May 2015)
• Play Hockey Like a Girl! A Discussion on Careers for Women in Sports, Host and presenter, Glendale, Arizona (November 2014)
• For Better Returns, Look for the Women, SoCap14 Social Impact Investing Conference, San Francisco, California (September 2014)
• Litigating a Business Case in Arizona, State Bar of Arizona CLE by the Sea Program, Coronado, California (July 2014)
• An Insider's View - Tips on Winning and Retaining Business, DRI Retail & Hospitality Litigation and Claims Management Seminar, Chicago, Illinois (May 2014)
• Cybersecurity and Data Governance: The 21st Century Legal Issue, DRI Retail & Hospitality Litigation and Claims Management Seminar, Chicago, Illinois (May 2014)
• Then Then and Now, Sandra Day O’Connor College of Law at Arizona State University (April 2014)
• Does One Breach Matter: Lessons Learned & Opportunities Gained, ACTRA and Arizona Infragard, Executive Cybersecurity Threat Response Symposium (March 2014)
• A Different Point of View - Maximizing Your Company's Value, Arizona Technology Council (February 2014)
• Prosecution and Defense of A Business Case in Arizona, Arizona State Bar Convention (June 2013)
• Piercing the Corporate Veil under Arizona Law, Business Law Institute, Phoenix, Arizona (June 2013)

In the Media

• Restaurateur whose business was raided by sheriff gets $5M (October 21, 2021)

• Law & Art, Spotlight of the Month, Art made by lawyers from around the world (October 11, 2021)

• Phoenix Office Managing Partner Leon Silver has been acknowledged by Gloria Feldt in her new book, “Intentioning”, for his life-long support of women’s rights and his encouragement of women into leadership roles.

• The Right Thing To Do: Equity Leader Leon Silver Honored At Power Up Conference, Take the Lead (February 21, 2020)

• "3 Tips To Help Protect Workers From Customer Harassment," Law360 (February 27, 2019)

• "Lawyers see impact, differ on outcome of #MeToo movement”, Phoenix Business Journal, (January 25, 2019)

• "Law, Order & Pantyhose: Law Firm Addresses Gender Parity Fairly," The Movement Blog  (August 27, 2018)

• "Serena for President," Take the Lead  (September 9. 2018)

• "Can Employers Read Your Email?" AZ Big Media (February 16, 2018)

• "4 Premises Liability Cases To Know," Law360 (February 8, 2018)

• "How Immigration Crackdowns Screw Up Americans' Lives", Reason.com (December 2017)

• Leon Silver guest on 3TV Politics Unplugged to discuss the reversal of protecting your internet browsing history from sale by your ISP (April 2, 2017)

• Ariz. Supreme Court Nixes Atty Fee Award In Contract Row.  Law360, New York (March 23, 2017)

• Is Trump in Showdown with Immigrant Families, Businesses?, Daily Labor Report, 31 DLR A-2 (Feb. 16, 2017)

• Leon Silver guest on KFYI 550 Newstalk Radio to discuss Apple decrypt Order (February 19, 2016)

• The Evolution of Male-Female Relationships: An Interview with Leon Silver, The Huffington Post (October 14, 2015)

• The Future of the Internet of Things: Utopia or Disaster?, The Digital Counselor, A summary of a State Bar of Arizona discussion by a panel of experts. (August 26, 2015)

• Triple threat Scottsdale resident excels in law, art and music, Scottsdale Independent (July 15, 2015)

• Not If, But When, Arizona Businesses Need to Realize the Risk of Data Breach, Experts Say - Az Business Magazine, (May/June 2015)

• Leading a Double Life: Why Lawyers Pursue the Arts, Arizona Attorney (April 2013)