Hayden J. Silver III

Jay Silver has more than 25 years of litigation experience serving clients as lead counsel in federal and state courts across the country. His experience includes a wide range of technology, licensing, trade secret and software development cases. Jay also has a deep background as a crisis manager for clients confronting theft or infringement of their intellectual property and in leading internal investigations in complex technology and financial matters.

Representative Matters as Lead Counsel:

• Internal investigations of IP theft and related misappropriation claims.

• Lead trial counsel for independent research company regarding purported rescission of title to patent portfolio and inventorship issues.

• Various internal and regulatory investigations representing limited partners of private equity partnerships with respect to conduct by fund managers.

• Lead trial counsel in numerous cases on behalf of both software developers and software licensees prosecuting and defending against fraud, breach of contract, copyright and trade secrets claims.

• Defended a large financial institution accused of fraud and misappropriation of trade secrets in connection with its procurement and bidding practices.

• Lead trial counsel for major international broadcasting company in defeating a preliminary injunction alleging trademark infringement and seeking to forestall delayed client’s launch of a well-publicized Web site.

• Defended an aerospace and automotive products manufacturer in licensing dispute and trade secrets dispute involving breach of contract and fraud claims stemming from a joint development agreement.

• Represented a semiconductor manufacturer against a large research university in a breach of technology licensing agreement.

• Lead counsel for a large office supplies distributor in successfully defending the award of a single-vendor, eight-figure contract from the State of North Carolina.

• Successfully represented insurance plan holders and fiduciaries of the largest private guaranteed investment contract portfolio in North Carolina against an association’s claims of fiduciary breach. The clients also recovered significant damages from an insurance pool funded by North Carolina’s licensed insurance companies.

• Defended various financial and real estate companies in a variety of consumer class actions or regulatory proceedings.

Publications & Presentations:

• Quoted, "Report Says Schools Must Pay More Attention Inside Classrooms," Triangle Business Journal

• “Fighting Fire with Fire: IP Commission Says American Business Needs Better Weapons to Fight IP Thieves.”

• “A Short Primer on Amending Patent Contentions in the EDNC,” The Compass

• “Never Bring a Knife to a Gun Fight: One Simple Weapon to Fight Economic Espionage in a Cyberspace World.”

• Co-author, “Time to Accept That Information Drives Economy," Triangle Business Journal

• Chapters on “Indemnification of Board Members,” “Legal Duties of Board Members,” “Directors and Officers’ Liability Insurance” and “Personal Liability of Board Members,”  Building a Strong Board of Directors/Advisors & Board Best Practices Primer

• “Winning in Litigation – Before the Suit is Filed,” Research Triangle Area Chapter of the Association of Corporate Counsel CLE Events

• "A Crisis Handbook for In-House Counsel.” Lex Mundi Counsel Global Symposium

• “New Rules of the Road: Recent Changes to the Federal Civil Rules.”

• “Mitigating Risks of Cloud Computing,” Research Triangle Area Chapter of the Association of Corporate Counsel CLE Event, September 19, 2012.