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Michael Silberfarb has nearly two decades of experience as a trial lawyer. He practices in courts and arbitrations throughout the country and regularly acts as lead counsel in high-stakes litigation to clients in the software as a service (“SAAS”), real estate, health tech/data, green energy, food and beverage, automotive, and financial services industries.Michael has substantial experience representing entities in the health tech and healthcare data industries, having represented more than 20 industry participants in disputes relating to data use rights, software implementation, and regulatory compliance. Michael has also litigated more than 100 matters involving distressed, insolvent, or bankrupt companies. In the real estate industry, Michael regularly represents developers, owners, and investors in partnership, construction, and contractual disputes.In 2025, Benchmark Litigation named Michael a “Litigation Star” for the state of New York.From 2014 through 2018, Michael was named a Super Lawyer Rising Star.

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Data, Data Analytics, and AI: Licensing, Litigation, and Regulation

Blank Rome Attorneys and Practices Honored by Benchmark Litigation 2026

Blank Rome Attorneys and Practices Honored by Benchmark Litigation 2025

Litigation

Business Litigation

Health Tech/Data Use Rights
<ul>
<li>Trial counsel to Komodo Health in defense against a $1.5 billion claim by Inovalon, one of the largest data companies in the world. Inovalon alleged that Komodo exceeded the scope of its data license agreement and misappropriated Inovalon’s trade secrets. After a two-week arbitration, a three-arbitrator panel issued a complete defense verdict, finding that Komodo had not engaged in any wrongdoing and that it had complied with the express terms of the parties’ contract.</li>
<li>Trial counsel to DRG/Clarivate in successful defense against a $500 million breach of contract and misappropriation of trade secrets claims. After a three-week trial in the Federal District Court of Massachusetts, obtained a unanimous jury verdict denying the trade secrets claim and awarding plaintiff only one dollar on account of its breach of contract action.</li>
<li>Trial counsel to Particle Health in defense against claims brought by Epic Systems (the largest electronic healthcare company in the world) in the first ever Carequality dispute. After multiple hearings, a panel of industry experts ruled that Particle Health engaged in no wrongdoing.</li>
<li>Co-lead counsel to Komodo Health in defense against action brought by one of Komodo’s data suppliers in Delaware Chancery Court. Obtained temporary restraining order requiring the data supplier to continue to deliver data to Komodo, and, after several weeks of expedited discovery, obtained court finding that Komodo had complied with its data license agreement.</li>
<li>Trial counsel to a healthcare data and analytics company in defense against claim by former sales manager seeking unpaid commissions. After a one-week trial, obtained directed verdict dismissing all claims.&nbsp;</li>
</ul>
SAAS/Technology Disputes
<ul>
<li>Co-lead counsel to a foreign SAAS company in defense against $100 million claim related to merchant services agreement in American Arbitration Association arbitration. Successfully obtained summary dismissal of claimant’s key claims and settled remaining disputes for a minimal payment.</li>
<li>Co-lead counsel to an SAAS company in defense against $16 million claim brought by former executives seeking to reinstate their ownership stake. Successfully obtained favorable settlement on the eve of trial.</li>
<li>Counsel to multiple companies in disputes relating to software implementation.</li>
</ul>
Insolvency and Bankruptcy Litigation / Creditors Rights / Financial Services
<ul>
<li>Lead counsel to a Chapter 7 trustee in multiple adversary proceedings arising out of nine-figure financial fraud relating to reverse mortgages.</li>
<li>Counsel to a debtor in multiple adversary proceedings arising out of nine-figure financial fraud relating to software company. As a result of these actions, the estate recovered of tens of millions of dollars.</li>
<li>Counsel to a secured lender in connection with $80 million claim in a bankruptcy in the District of Delaware. Obtained complete recovery on behalf of client.</li>
<li>Lead trial counsel to hedge fund trader in defense against $11 million breach of fiduciary duty action brought by former employer. After two-week trial in the Southern District of New York, obtained a unanimous jury verdict denying all claims.</li>
<li>Trial counsel to Hostess Brands in bankruptcy proceedings seeking to reject collective bargaining agreements with several unions pursuant to Section 1113 of the Bankruptcy Code. After five-day trial, the Bankruptcy Court for the Southern District of New York granted all relief sought, opening the door for Hostess to sell its assets for more than one billion dollars.</li>
<li>Counsel to Spansion Japan with respect to bankruptcy claims against its parent company, Spansion USA. After seven months of expedited litigation, Spansion USA agreed to pay Spansion Japan $100 million.</li>
<li>Counsel to a debtor in Chrysler’s seminal 2009 bankruptcy. Oversaw contingency planning related to employment and retiree benefits-related issues. Member of trial team for sale hearing in which Chrysler obtained approval to sell its assets for several billion dollars. Member of appellate team that secured decision upholding sale.</li>
</ul>
Real Estate / Construction
<ul>
<li>Lead counsel to a real estate developer in dispute with former partner (New York Supreme Court, Commercial Division). Obtained unanimous appellate victory in the First Department overturning trial court decision and dismissing nine-million-dollar breach of fiduciary duty claim. After nearly a decade of litigation, secured settlement amounting to less than 10 percent of amount sought by plaintiff.</li>
<li>Lead counsel to a real estate developer in $30 million in breach of fiduciary claim brought by partner relating development of a luxury building. Obtained settlement in which client paid zero dollars to partner.</li>
<li>Lead counsel to a real estate developer in construction dispute relating to the development of multifamily building in North Carolina. Obtained favorable settlement.</li>
</ul>

Michael D. Silberfarb

Michael D. Silberfarb

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