Effie D. Silva is an international litigation and arbitration partner in the Miami office with a focus on complex business disputes, healthcare, corporate fraud and compliance. Ms. Silva’s trial practice concentrates on complex business litigation involving allegations of fraud, breach of contract, and breach of fiduciary duty, as well as shareholder claims, business torts, deceptive trade practices, and class action matters for companies in healthcare, media, private equity, energy, real estate and technology. She also serves as arbitrator for the Financial Industry Regulatory Authority (FINRA), and is a qualified mediator and arbitrator for the International Institute for Conflict Prevention and Resolution (CPR).

Ms. Silva’s international disputes practice focuses on complex commercial business cases involving one or more foreign companies or persons, and she routinely handles international disputes involving the enforcement of foreign judgments or arbitral awards, international discovery, and service of process abroad. Ms. Silva also has extensive experience representing major healthcare providers, hospitals and healthcare systems, and physician groups in litigation, including non-compete, contractual and shareholder disputes. Ms. Silva is a trusted business counselor to boards of directors, special board committees, and audit committees. She also advises management in defense of derivative claims and remedial corporate governance measures, including providing regulatory compliance advice to media companies. In addition, she regularly conducts global and domestic internal investigations for her multinational clients. She is also a member of Duane Morris' Cuba Business Group and is fluent in Spanish.

Ms. Silva is consistently recognized by Best Lawyers in America and is AV® rated by Martindale-Hubbell for both commercial litigation and alternative dispute resolution.  She is ranked as one of the Top 100 Lawyers in Florida, Top 50 Women Lawyers in Florida, and one of the Top 100 Lawyers in Miami by Super Lawyers. She is also consistently ranked among Florida’s Legal Elite, as well as South Florida Legal Guide and Legal Leaders for her excellence in complex business litigation and arbitration. Ms. Silva is a Fellow of the Litigation Counsel of America (LCA), a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. In 2012, Ms. Silva was selected as “The Most Effective Lawyer” by the Miami Daily Business Review/American Law Media. Ms. Silva is a frequent guest lecturer, and has authored numerous articles in national publications addressing emerging and complex business litigation and arbitration issues. 

Ms. Silva serves in leadership positions at several professional, civic and community organizations.  Ms. Silva is an inaugural member of the Florida Bar’s International Litigation and Arbitration Board Certification Committee, as well as a member of the Florida Bar’s Diversity & Inclusion Committee and Annual Conference Committee. She is an executive officer of the Dade County Bar Association. She is on the Editorial Board for the ABA's Dispute Resolution Magazine and Law360’s Editorial Advisory Board for International Arbitration. She is a member of the Sedona Conference’s WG6’s Steering Committee’s International Arbitration Brainstorming Group. She is a Commissioner to the ABA Commission on Hispanic Legal Rights and Responsibilities. Ms. Silva also serves as a Regional President for the Hispanic National Bar Association, Region VIII, Regional Co-Chair for the ABA Judicial Internship Opportunity Program (JIOP). As a member of the Orange Bowl Committee, Ms. Silva Vice-Chaired the first girls’ golf sport initiative called “Drive for Excellence.” She is also an active board member for Legal Services of Greater Miami and the Miami Beach Community Health Center.

Ms. Silva is a 2001 graduate of the University of Florida Levin College of Law, where she was articles editor of the University of Florida Journal of Technology Law and Policy, and a 1996 graduate of Wellesley College.

Areas of Practice

  • Litigation
  • Complex Business Disputes
  • International Arbitration
  • Healthcare
  • Corporate Fraud and Compliance

Representative Matters

    Complex Commercial Disputes

  • Representation of a global Spanish conglomerate in arbitration before the International Chamber of Commerce and in related Florida state-court actions in claims arising out of its acquisition of a US-based company and the termination of the target's senior management, valued at more than US$15 million
  • Counsel for a private equity company and its portfolio company with respect to the enforcement and defense of claims arising from complex leasing agreement in the transportation industry
  • Counsel for a national marketing company in an earn-out dispute with its former CEO-owner after the seller failed to achieve post-closing earn-out targets
  • Represented foreign defendants in multi-district litigation and ancillary proceedings involving installation of Chinese drywall product in new home construction throughout Southeastern United States that resulted in tens of thousands of claims in consolidated class actions, CPSC investigation, trials at both the state and federal level and eventual class settlement on behalf of client.
  • Represented shareholder in breach of fiduciary duty litigation and arbitration challenging the fairness of a dissolution and squeeze-out of a certain class of common stockholders
  • Represented a leading mobile technology company in defending claims of tortious interference and breach of a non-compete agreement
  • Represented international technology company in Florida books and records litigation and corresponding derivative litigation challenging certain corporate transactions
  • Defended South Florida residential condominium developer in a multimillion dollar pre-construction deposit dispute
  • International Arbitration and Litigation

  • Counsel for a global Spanish construction company before the International Chamber of Commerce and in a related Florida Federal court temporary restraining order and temporary injunction in aid of arbitration action
  • Defended a major Brazilian bank against multibillion-dollar claims arising from public works projects in Iraq, including the successful defense of an appeal of dismissal on forum non conveniens grounds before the US Court of Appeals for the Second Circuit
  • Negotiated significant settlement of an international arbitration claim arising out of termination of a Brazilian power generation consulting agreement
  • Healthcare Litigation

  • Obtained a temporary restraining order on behalf of the largest dental implant company in the world against a former employee requiring the return of all company Food and Drug Administration (FDA)-regulated dental products after the former sales representative solicited former customers to purchase the company’s products posing as an authorized representative of the company in violation of the restrictive covenants in his employment agreement and trademark law
  • Represented one of the nation’s leading providers of maternal-fetal, newborn and pediatric sub-specialty physician services in a complex executive breach of contract arbitration action with the American Arbitration Association
  • Represented national leader in the substance abuse and mental health industry in the enforcement of terms of purchase and sale of an addiction recovery healthcare company and the prosecution of a breach of fiduciary duty and injunctive relief action to preserve trademarks and assets against tortious misappropriation by a former officer and director in connection with a post-merger and acquisition transaction
  • Represented physician in dispute concerning termination of partnership and enforcement of non-compete provisions arising in the context of an ambulatory surgery center
  • Routinely represent medical providers in reimbursement and contractual disputes with managed care payers in litigation or arbitration
  • Media Law

  • Counsel to a major television network regarding regulatory compliance matters
  • Defended television reporter in subpoenaed deposition testimony related an investigative reporter series
  • Successfully resolved copyright infringement action on behalf of national marketing company
  • Internal Investigations

  • Served on the defense team that represented three separate multibillion-dollar companies in an ongoing investigation of worksite immigration compliance and identity theft, including the defense of Immigration and Customs Enforcement (ICE) raids; all cases involved the implementation of the Employment Eligibility Verification program (EEV) and the negotiation of the ICE Mutual Agreements between Government and Employers program (IMAGE)
  • Represented multinational oil service industry leader in conducting multiple cross-border internal investigations into whistleblower claims over accounting fraud, books and records violations, and potential FCPA violations
  • Represented a global freight forwarder in on-the-ground internal interviews and document review relating to potential violations of the FCPA and other compliance issues as part of cooperation with a US Department of Justice investigation

Admissions

  • Florida
  • District of Columbia
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • Qualified Mediator and Arbitrator for the International Institute for Conflict Prevention and Resolution (CPR)
  • Financial Industry Regulatory Authority (FINRA) Dispute Resolution Arbitrator

Education

  • University of Florida Levin College of Law, J.D., 2001
    - Articles Editor, University of Florida Journal of Technology Law and Policy
  • Wellesley College, B.A., 1996

Experience

  • Duane Morris LLP
    - Partner, 2017-present
  • McDermott, Will & Emery LLP
    - Partner, 2013-2016
  • Baker & McKenzie LLP
    - Senior Litigator, 2005-2013
  • Adorno & Yoss LLP
    - Associate, 2003-2005
  • Fifteenth Judicial Circuit Court, West Palm Beach, Florida
    - Judicial Law Clerk, Civil Appellate Division, 2002-2003

Professional Activities

  • Florida Bar

    - International Litigation and Arbitration Bar Certification Committee, 2018-Present 

  • - The Florida Bar Annual Convention Committee, Member, 2017-Present
    - Diversity and Inclusion Committee, Member, 2017-Present
    - Media and Communications Law Committee, Member, 2015-2017
    - 2014 International Litigation and Arbitration Conference (ILAC),Vice Chair

  • Dade County Bar Association
    - Secretary, 2018
    - Board of Directors, 2012-2016

  • American Bar Association
    - Editorial Board of the Dispute Resolution Magazine, 2013-present
    - Commissioner, Hispanic Legal Rights and Responsibilities, 2017
    - Regional Co-chair, Judicial Internship Opportunity Program, 2015-present
    - Chair, Precision Advocacy Roadshow 2.0 in Miami, 2017
    - Member, Emerging Leader Group of the Section of Litigation, 2017
    - Member, Steering Group of the Latin American & Caribbean Committee and Arbitration Committee of the International Law Section, 2011-present
    - Commissioner, Center for Racial and Ethnic Diversity, 2012-2017
    - Advocacy for Diversity & Inclusion Goals Strategic Planning Committee, 2016-2017
  • Hispanic National Bar Association (HNBA)
    - Florida Deputy Regional President, Region VIII, 2014-present
  • Litigation Counsel of America (LCA)
    - Fellow, 2016-Present
  • Legal Services of Greater Miami
    - Board of Directors, 2012-present
  • Duane Morris Women's Impact Network for Success
    - Steering Committee Member, 2018-present

  • American Inns of Court, Spellman-Hoeveler Chapter
    - Board of Directors, 2012-present
  • Florida Association of Women Lawyers (FAWL) and National Association of Women Lawyers (NAWL)
    - Member, 2003-present
  • Cuban American Bar Association
    - Member, 2003-present
  • CPR
    - Diversity Task Force Member

  • Law360's 2018 Editorial Advisory Board 

    -International Arbitration 

  • Sedona Conference WG6 Brainstorming Group

    - International Arbitration 

Civic and Charitable Activities

  • Orange Bowl Committee, 2013-present
    - Co-Chair, Girls Golf
  • Miami Beach Community Health Center
    - Board of Directors, 2013-present
  • Wellesley College
    - Vice President, Miami Wellesley Alumnae Association, 2017-present
  • University of Florida Association of Hispanic Alumni
    - Board of Directors, 2013-2015
  • University of Florida Law Alumni Council
    - Board of Directors, 2017-present

Honors and Awards

  • Listed in U.S. News/Best Lawyers "The Best Lawyers in America," Commercial Litigation, 2017-Present
  • Top 100 Lawyers in Florida, Super Lawyers, 2018

  • Top 50 Women Lawyers in Florida and Top 100 Lawyers in Miami, Super Lawyers, 2014-Present
  • Florida Legal Elite, Florida Trends magazine, 2006-present
  • Top Lawyer, South Florida Legal Guide, 2009 to present
  • Florida Top Rated Lawyer in Litigation, Alternative Dispute Resolution and Products Liability, Fortune Magazine ALM Legal Leaders, 2012-present
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Attorneys to Watch in 2015, Attorney at Law Magazine
  • South Florida's "Most Effective Lawyer" Award by ALM/Daily Business Review, Pro Bono, 2012
  • Hispanic National Bar Association's Latina Commission 2016 Leadership Academy Fellow
  • Florida Bar Wm. Reece Smith, Jr. Leadership Academy Fellow, 2014-2015
  • Litigation Counsel of America, Fellow, 2016-present
  • Leadership Council on Legal Diversity Fellow (LCLD), 2014

  • Inaugural Collaborative Bar Leadership Academy Fellow, 2013-2014

Selected Publications

Selected Speaking Engagements

  • Speaker, "Cybersecurity for Lawyers: How to Anticipate, Investigate, and Litigate a Data Breach," 2018 Section of Litigation Annual Conference, San Diego, CA, May 2, 2018

  • Speaker, “Post-ABA Resolution 113: General Counsels’ Commitment to Retaining Diverse Counsel Is Renewed and Stronger than Ever— A Discussion of Best Practices for Big Law," San Diego, CA, May 2, 2018

  • Panelist, "One Month to GDPR Enforcement: Final Preparations and Review," The General Data Protection Regulation (GDPR) Webinar Series, April 10, 2018 (video replay)

  • Guest Lecturer, "Arbitration: Judicial Enforcement of Arbitral Awards," University of Florida Levin College of Law, March 26, 2018

  • Panelist, "Nightmare on ESI Street: A Guide to Electronic Discovery Best Practices & Technologies that Will Allow Your General Counsel to Sleep at Night," HNBA Corporate Counsel, San Francisco, CA, March 17, 2018

  • Speaker, "Damage Claims in Divorce Proceedings," ABA Section of Litigation Roundtable, March 5, 2018

  • Panelist, "SuperStars in Trial: Miami vs.Broward & Palm Beach," Dade County Bar Association, March 2, 2018

  • Speaker, "What You Need to Know About Data Subject Rights," The General Data Protection Regulation (GDPR) Webinar Series, February 21, 2018 (Webinar Recording)

  • Speaker, "An SEC Enforcement Update: A Look at the Numbers and the Current Issues Facing Corporations," ABA 2018 Corporate Counsel CLE Seminar, La Quinta, CA, February 15-17, 2018
  • Speaker, "Data Protection Officers: Is It a Requirement? Risks and Obligations Connected with Having or Not Having One," The General Data Protection Regulation (GDPR) Webinar Series, January 30, 2018 (Webinar Recording)

  • Speaker, "Six Months Before GDPR: Why GDPR Is Relevant to U.S. Businesses and How You Can Comply," Duane Morris Webinar, November 30, 2017 (Webinar Recording)

  • Speaker, "What You Don't Know Might Hurt You: Techniques for Effectively Deposing a Rule 30(b)(6) Witness," ABA Litigation Section's Women Joint Conference, Philadelphia, PA, November 16, 2017
  • Speaker, "U.S. Multinationals: Are You Ready for General Data Protection Regulation (GDPR) Compliance," HNBA Annual Meeting, Kansas City, MO, September 7, 2017
  • Speaker, "Legends of the Courtroom - Super Stars in Trial & Jury Selection CLE," Dade County Bar Association, Miami, FL July 28, 2017
  • Speaker, "Precision Advocacy: Reinventing Motion Practice to Win CLE Program in the Southern District of Florida," American Bar Association Section of Litigation Roadshow 2.0, Miami, FL April 24, 2017
  • Speaker, "Third Party Funding in International Arbitration: Thorny Issues for Arbitration Practitioners and Their Clients," Hispanic National Bar Association Corporate Counsel Conference, Miami, FL March 31, 2017.
  • Speaker, "The Art of the Litigation Hold," Driven Speaker Series, Miami, FL, March 29, 2017
  • Speaker, "Diversity and Inclusion Roundtable," 2017 Corporate Counsel CLE Seminar, Orlando, FL, February 17, 2017
  • Speaker, "Breaking the Glass Ceiling: A Conversation with the General & In-house Counsel," Dade County Bar Association's Grand Bench & Bar Conference, Coral Gables, FL, February 10, 2017
  • Moderator, Dinner with the Judicial Luminaries, Dade County Bar Association, November 9, 2016.
  • Speaker, SuperStars in Trial & Jury Selection, Coral Gables, Florida, July 15, 2016
  • University of Miami School of Law and Spellman-Hoeveler Inns of Court's Annual Ethics Review Seminar, Miami, Florida, November 10, 2015
  • Panelist, "Arbitration Clauses that Every Litigator Needs: Drafting Clauses for Litigators," CLE Series ABA Mediation Week, October 14, 2015
  • Panelist, "The Secret to Your Success: Understanding the Scope and Limitations of Attorney-Client Privilege and Work Product Doctrine," Thomson Reuters Practical Law CLE Webinar, October 5, 2015
  • Panelist, American Bar Association Judicial Intern Opportunity Program, Miami, FL, June 2015
  • Keynote Speaker, "An Overview of International Arbitration," MDLSA, May 19, 2015
  • Plaintiff's Counsel, SuperStars Mock Trial, Daily Business Review and FIU College of Law, April 24, 2015
  • Panelist, "Myth and Reality: What is the Impact of New Federal Rules Changes and the Cost of Discovery," Hispanic National Bar Association Corporate Counsel Conference, March 19, 2015
  • Moderator, "All Stars of E-Discovery," Bench and Bar Conference, Dade County Bar Association, February 20, 2015
  • Lecturer, "Practitioners' Course on The Fundamentals of International Arbitration and Latin American Arbitration Trends," University of Miami School of Law International Arbitration Institute, January 7-11, 2014
  • Panelist, Legends of Arbitration Luncheon, Dade County Bar Association, October 24, 2014
  • Panelist, "Why Cybersecurity Is Important To You and Your Clients," HNBA Annual Convention, September 12, 2014
  • Lecturer, "Practitioners' Course on The Fundamentals of International Arbitration and Caribbean Arbitration Trends," University of Miami School of Law International Arbitration Institute, September 5-6, 2014
  • Panelist, "A View from the Bench," Commercial Litigation Mock Trial, Daily Business Review, July 18, 2014
  • Panelist, "Broadening and Deepening Underrepresented Groups Participation in Dispute Resolution: A Workshop," ABA Section of Dispute Resolution, April 5, 2014
  • Panelist, "Challenges Based on Gender, Race, Sexual Orientation, and Ethnicity," ABA Section of Dispute Resolution, April 5, 2014
  • Lecturer, "Physicians and the Law," University of Miami Miller School of Medicine MD/MPH Graduate Program, March 26, 2014
  • Panelist, "Recent Developments in Ethical Restrictions on International Practice," Florida Bar International Litigation and Arbitration Conference, February 28, 2014