Roman M. Silberfeld

310.552.0130

Experience

Trial lawyer Roman Silberfeld has an impressive record of courtroom success across many challenging disciplines in the field of complex civil litigation. Mr. Silberfeld’s trial and appellate experience includes business and high technology matters, product liability, professional negligence and mass tort litigation, with particular emphasis on multi-state, multi-party, and class action litigation.  Along with a meticulous dedication to the demands of the courtroom, Mr. Silberfeld brings an always-courteous and easygoing demeanor to his practice.

Mr. Silberfeld gained national recognition for his role as lead trial counsel in litigation brought on behalf of client Celador International, creator of the “Who Wants to be a Millionaire?” game show.  The case’s $269.4 million jury verdict—plus $50 million in prejudgment interest—is the largest verdict ever obtained in a “Hollywood accounting” lawsuit.  In addition, Mr. Silberfeld has repeatedly served as the court-appointed Lead Counsel or Chair of court-appointed litigation committees in multi-party, complex litigation. Mr. Silberfeld currently serves as the firm’s National Trial Chair, a role in which he marshals those proven and effective trial strategies, tactics, and techniques to benefit the firm’s clients both in California and across the country.

Related Experience

Mr. Silberfeld’s court-appointed roles included:

  • Co-lead counsel in In Re Wells Fargo Collateral Protection Insurance Litigation (2017-present)
  • Lead Counsel in nationwide Gammagard blood products litigation (1996 - 2001). Litigation involved claims against a health care company for contaminated blood products resulting in the contraction of Hepatitis C.
  • Chair, Plaintiff’s Steering Committee, California coordinated breast-implant litigation (1992-1997)
  • Chair, Diethylstilbestrol Litigation Group (1980-1996)
  • Lead Counsel, New York State Diethylstilbestrol Trials (1996)
  • Lead Counsel in Los Angeles County Asbestos Litigation (1982 - 1992)

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Complex Business Litigation

Represents Celador International, Ltd., the creator of the highly successful television show "Who Wants to Be a Millionaire?” in a dispute over show profits. Serving as lead trial counsel, obtained an award for Celador from a federal jury for $270 million against Disney and its subsidiaries, ABC Television, Buena Vista Television, and Valleycrest Productions.  The jury found that the defendants had breached their profit sharing contract with Celador and their duty to deal fairly and in good faith with Celador.  On September 27, 2010, the U.S. District Court for the Central District of California awarded $50 million in prejudgment interest to Celador, bringing the total to $320 million in damages.  On December 3, 2012, the Ninth Circuit Court of Appeals affirmed the entire verdict and awarded the plaintiff its costs on appeal. On February 26, 2013, the Ninth Circuit Court of Appeals unanimously denied Disney’s petition for rehearing and review of the $320 million jury verdict and judgment in favor of Celador. Celador International, Ltd. v. The Walt Disney Company.

Represents Best Buy as lead defense counsel in a number of complex cases.  Current matters include deceptive trade practice claims, antitrust claims, and real estate disputes involving leased property.

Represented Best Buy in multidistrict litigation over alleged price-fixing in the market for cathode ray tubes and LCD displays in televisions. The claims resulted in confidential settlements with several large electronics manufacturers, including LG, Panasonic, and Toshiba.

Represented Medtronic in an employment and trade secrets case.  Case established the principle, in the California Supreme Court, that non-compete agreements are enforceable in California despite a statutory bar on such agreements.  Advanced Bionics v. Medtronic.

Represented a medical device manufacturer in a breach of contract and antitrust dispute brought by a start-up regarding a medical technology.

Class Actions

Served as co-lead counsel for the country in this national class action involving the Wells Fargo business practice of placing auto insurance and charging customers for it when insurance already exists on financed vehicles.  The class size is approximately 2.5M people in the US and the case has been actively and aggressively litigated for two years in the federal court in Santa Ana, before Andrew Guilford, US District Judge.  The case resulted in a settlement in June of 2019 for at least $400M and a separate amount for attorney’s fees and costs.  The settlement amount may grow over time depending upon the numbers of affected people in various sub classes and the amount of compensation to be paid to class members. In Re Wells Fargo Collateral Protection Insurance Litigation. 

Represented Best Buy in a purported national class action alleging gender and race discrimination in hiring, pay and promotion.  Holloway v. Best Buy.

Represented Best Buy in a certified California class action involving overtime pay for managers.  Roberts v. Best Buy.

Served as Class Counsel in a class action involving claims of negligence, fraud and breach of contract against banks and brokerage firms arising from annuities, structured settlements, and long-term payouts of settlement proceeds.  In Re Structured Settlement Litigation (2001-2004). 

Intellectual Property

Various matters regarding medical technology for applications in cardiac, orthopedic, and vascular surgery.

Represented Medtronic AVE in trade secret litigation concerning the Bonneau stent which was the platform for the AVE business. The case was in jury selection when it settled, employing a creative settlement model.  The case was then arbitrated to a JAMS judge in San Francisco.  DiMassa v. Medtronic AVE.

Represented MTS, a manufacturer of amusement park rides, against allegations of patent infringement brought by patent holder Ride and Show.  The patent at issue covers control of the seat movements of a typical amusement park ride.  The rides involved in the case were called “Men in Black” and “Cat in the Hat”.  After discovery and a Markman hearing, the court issued its claim construction which directly tracked our arguments.  Obtained a dismissal with prejudice from the action, with no money paid.  Ride and Show v. MTS.

Represents several patent holders of business method patents in litigation against the significant companies in the real estate industry.

Super Lawyers 2019
Best Law Firms 2015

Mr. Silberfeld has earned multiple regional and national commendations for his professional accomplishments.  Key industry recognitions include:

  • Named a "Lawdragon Legend," Lawdragon (2018)
  • Listed in "500 Leading Lawyers in America" Lawdragon (2007, 2010-2019)
  • Listed in "500 Leading Plaintiff Consumer Attorneys," Lawdragon (2019)
  • Named a "Plaintiffs' Trial Trailblazer," The National Law Journal (2017)
  • Named a "Leading Lawyer," Daily Journal (2016)
  • Named a "Litigation Trailblazer," The National Law Journal (2015)
  • Named a "Trial Ace," Law360 (2015)
  • "Who's Who" Top 50 Inspirational Alumni, Loyola Law School (2014)
  • Recipient of the "Founders Award," Public Counsel (2014)
  • Named in Chambers USA as a Notable Practitioner in Media and Entertainment Category (2014-2015)
  • Named a "Top Rated Lawyer in Intellectual Property Law," The American Lawyer Media (2013)
  • Listed in The Best Lawyers in America (2013-2020 editions)
  • Named to the "Top 100 Southern California Super Lawyers List," Los Angeles Magazine (2012)
  • Named a "Power Lawyer," by The Hollywood Reporter (2011)
  • Selected as a "Winning Litigator," The National Law Journal (2011)
  • Named one of the "California Attorneys of the Year" for Entertainment Law, California Lawyer (2011)
  • "Excellence in Advocacy Award," Beverly Hills Bar Association (2011)
  • Named one of the "Who's Who in L.A. Law," Los Angeles Business Journal (2010)
  • Named one of the "Top 100 Lawyers in California," Los Angeles Daily Journal (2010-2011)
  • "Distinguished Alumnus Award," Loyola Law School (2010)
  • Named "Litigator of the Week," by The AmLaw Litigation Daily (July 8, 2010)
  • Listed in "Who's Who Legal: California" for Products Liability (2007)
  • Named a "Southern California Super Lawyer," Super Lawyers (2000-2019)
  • "Trial Lawyer of the Year," Loyola Law School (1999)

Mr. Silberfeld serves on the Board and is a past Board Chair of Public Counsel.  Mr. Silberfeld had been involved with Public Counsel for twenty years and he is devoted to its mission of helping children in need and protecting consumer rights.  In addition, Mr. Silberfeld has chaired a working group studying amendments of the California Constitution, has been a member of the State’s Advisory Committee on Civil Jury Instructions, and currently serves on the Governor's Judicial Selection Advisory Committee, Los Angeles.  He also:

  • Founded Friends of Fawnskin, an environmental protection group.
  • Served as Board Member and Chair of the San Bernardino National Forest Association.
  • Served on various boards and committees of Loyola Law School.
Bar Admissions
  • California
  • U.S. District Court, District of Columbia
  • U.S. District Court, Southern District of California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
Education
  • Loyola Law School, Los Angeles, J.D. (1974), Associate Editor of the Loyola Law Review
  • UCLA, with honors
Professional Associations
  • International Academy of Trial Lawyers, President-Elect
  • Judicial Selection Advisory Committee, Los Angeles 
  • Judicial Council Advisory Committee on Civil Jury Instructions
  • Commission for Impartial Courts, Task Force on Judicial Selection and Retention Committee
  • American Association for Justice (formerly the Association of Trial Lawyers of America)
  • Consumer Attorneys Association of Los Angeles
  • Consumer Attorneys of California

  • Frequent lecturer to bar and professional groups and is the author of numerous articles including several on the admissibility of scientific testimony in complex trials.

  • Managing Risk in High Stakes Contracts
    UCLA Anderson Business School, Los Angeles, California (February 23, 2019)
  • Deans Address
    International Academy of Trial Lawyers, Austin, Texas (March 24, 2018)
  • Digital Deals - Networks, Studios and Producers - Monetizing Content Across Platforms
    Digital Hollywood, Los Angeles, California (May 5, 2016)
  • Litigation in the Age of the Internet
    American Bar Association, Chicago, Illinois (September 18, 2015)
  • Antitrust Trials: Lessons on Why We Win or Lose
    New York State Bar Association, New York, New York (January 30, 2014)
  • How to Effectively Weave Your Theme Through Your Case
    Panelist, California Association of Business Trial Lawyers, Laguna Niguel, California (October 4, 2013)
  • Challenges Faced by Young Lawyers
    Beverly Hills Bar Association, Beverly Hills, California (February 3, 2011)
  • Profit Participation
    Lawdragon, Beverly Hills, California (October 26, 2010)
  • Casting Your Net and Coming Up With Buried Treasure: Net Results on Net Profit Cases
    Beverly Hills Bar Association, Beverly Hills, California (August 18, 2010)
  • On the Stand: Are You and Your CEO Prepared to Testify in Court?
    Los Angeles County Bar Association Corporate Law Departments Section, Robins, Kaplan, Miller & Ciresi L.L.P. and Southwestern Law School, Los Angeles, California (September 9, 2008)
  • Tenth Annual Sedona Conference on Complex Health Law and Medical Products Litigation
    The Sedona Conference Institute, The Hilton Sedona, Sedona, Arizona (April 17, 2008)
  • Plaintiffs' Perspective on the Duty of Sponsors and Investigators in Clinical Trials
    American Bar Association, San Francisco, California (October 2, 2007)
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