Ira B. Silverstein

Litigation, Commercial Litigation, Employee Benefits and Executive Compensation, Insurance

Ira B. Silverstein is a partner in the Litigation Department and a member of the Commercial Litigation, Employee Benefits and Executive Compensation, and Insurance Groups. He concentrates his practice in complex commercial litigation, with an emphasis on insurance fraud, insider misconduct, and ERISA.

Mr. Silverstein's experience includes numerous matters that have set precedents. Among them is a Pennsylvania Supreme Court case that determined that survivors of individuals killed in motor vehicle accidents could receive wage-loss benefits under the state's no-fault insurance law. In another matter, Mr. Silverstein persuaded the Pennsylvania Supreme Court to reverse itself, restoring the validity of the Philadelphia Historic Preservation Ordinance. Finally, representing an insurance department as liquidator of a national life insurance company, Mr. Silverstein attained a landmark, $35 million legal malpractice settlement. Additionally, he recovered $25 million for the company in related litigation.

Representative Matters

ERISA

• Defended an accounting firm in U.S. District Court, Southern District of New York, against a breach of fiduciary duty claim in connection with alleged misconduct of investment managers
• Defended a welfare benefits consultant against a $20 million suit brought by a Multiple Employer Welfare Arrangements (MEWA) plan in relation to an alleged breach of fiduciary duty that led to the plan’s collapse; a favorable result was obtained for the client after a two-month trial
• Represented an employer in a class action by beneficiaries

Corporate Governance/Insider Misconduct/Corporate Control

• Represented former officers and directors of a failed telecom company in a $60 million derivative claim of creditors' committee; successfully secured a $2 million settlement 
• Represented former officers and directors of a life insurance company in shareholders' litigation involving a $20 million claim; secured defense verdict in a jury trial in U.S. District Court, Eastern District of Pennsylvania
• Represented a savings and loan in liquidation in claims against former officers and directors
• Represented a minority shareholder in a dispute over control of a national logistics company
• Represented controlling shareholders/partners in a dispute over control of a family-owned real estate business

Reinsurance

• Represented a disability insurance reinsurer in claims brought by the ceding insurer 
• Represented a nonstandard automobile insurer in claims related to reinsurance arrangements
• Prosecuted reinsurance fraud claims on behalf of the state liquidator of a failed life insurance company 

Governmental

• Represented the City of Philadelphia against a challenge to the constitutionality of the Philadelphia Historic Preservation Ordinance (Boyd Theater case) 
• Represented Montgomery County Common Pleas Court regarding its right to organize court personnel
• Represented the Pennsylvania Insurance Commissioner as liquidator of two life insurance companies 

Construction/Real Estate Litigation  

• Represented a national homebuilder in claims brought by a homeowners' association
• Represented a national electrical distributor in claims concerning defective warehouse construction 
• Represented a major regional developer in all aspects of construction/real estate litigation 
• Represented a national funeral home/cemetery operator in claims related to cemetery use

Professional Activities

American Bar Association

Philadelphia Bar Association

Recognition & Accomplishments

Recently named to the Pennsylvania Supreme Court's Committee for Standard Civil Jury Instructions

Recipient, AV Peer Review Rating, Martindale-Hubbell

Publications

"Litigating Insider Misconduct," The Legal Intelligencer

Contributor, Pennsylvania Supreme Court Committee Suggested Standard Civil Jury Instructions, third edition

Speaking Engagements

"Employee Benefit Claims & Litigation: Risk Reduction Strategies," Association of Corporate Counsel, Delaware Valley Chapter (DELVACCA), October 2008

Harvard Law School (J.D. 1973)

University of California, Berkeley (M.A. 1970)
Recipient, Ford Foundation Fellowship and Woodrow Wilson Fellowship

Yale University (B.A. 1969, cum laude)

New York

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of Wisconsin

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Supreme Court

U.S. Tax Court