Profile
Heather is a skilled litigator with robust trial experience who represents businesses, individuals, and government entities in complex commercial litigation. She is an aggressive advocate and remains committed to designing efficient and innovative strategies to safeguard and promote her clients' legal and economic interests.
Heather focuses her practice primarily on entertainment and intellectual property claims (including claims involving patents, copyrights, trademarks, and trade secrets), as well as complex commercial real estate disputes, though clients seek her counsel on a wide range of disputes, including contract, fraud, false advertising (both under the Lanham Act and California state law), trade libel/defamation, fiduciary duties, RICO, and various other business disputes. Clients appreciate Heather’s ability to distill complex arguments, making them compelling and accessible for judges and jurors.
Heather also has unique experience in First Amendment jurisprudence, including the First Amendment defenses to claims of intellectual property infringement, the Noerr-Pennington doctrine, and California's anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which insulates parties from liability in certain situations where their conduct relates to rights of free speech or petition. Heather has obtained dismissal based on First Amendment principles in state and federal courts of would-be claims for a wide array of business torts, such as interference with economic advantage and unfair competition, as well RICO and civil rights violations, sparing her clients the cost and intrusion of discovery and extended litigation.
Capabilities
Experience
- Representation of SHEIN in a variety of copyright, trademark, and trade dress matters.
- Representation of multi-Grammy Award-winning rapper against claims of copyright infringement.
- Representation of music labels and pop star against claims of infringement of copyrighted song lyrics, obtaining dismissal with prejudice and defending dismissal on appeal, Ronk v. Hudson et al., 2:20-cv-09843-FLA (ASx), 2022 WL 3013214 (C.D. Cal. Feb. 23, 2022) and Appeal No. 24-145 (9th Cir.).
- Representation of global toy company in patent infringement suit, obtaining preliminary injunction against marketing and sale of infringing products online and by major retailers.°
- Representation of biotechnology company accused of trademark infringement, Anticancer, Inc. v. PDOX, Inc. et al., 3:18-cv-01543-CAB-MDD (S.D. Cal.)°
- Representation of circuit developer in asserting trade secret claims, Anokiwave, Inc v. Rebeiz et al., 3:18-cv-000629-JLS-MDD (S.D. Cal.).°
- Representation of veteran-owned gift company in contractual dispute over use of trademarks, Bullets2Bandages, LLC v. Caliber Corp., 3:18-cv-00669-GPC-MSB (S.D. Cal.). °
- Representation of production companies in asserting copyright infringement claims for unauthorized streaming distribution of film, FU2 Prods., Ltd. et al. v. Screen Media Ventures, LLC, 3:17-cv-02200-H-JLB (S.D. Cal.).°
- Representation of near-field communication technology developer as intervenor in patent infringement lawsuit, Prencipe et al. v. KERV Wearables LTD, 5:16-cv-02441 (N.D. Cal.)
- Representation of beverage company in trademark dispute involving product slogan.°
- Secured reversal in the California Court of Appeal of the erroneous denial of a city’s anti-SLAPP motion filed against breach of contract and due process claims based on the political activities of the city’s elected officials, Redondo Beach Waterfront, LLC v. City of Redondo Beach, No. B292007 (Cal. Ct. App. Apr. 27, 2020).°
- Obtained in the trial court and successfully defended in the California Court of Appeal dismissal pursuant to the anti-SLAPP statute of defamation, interference, and unfair competition claims in dispute involving patent ownership rights, Esos Rings, Inc. v. Prencipe et al., No. BC652020 (Cal. Super. Ct.) and No. B287875 (Cal. Ct. App. Nov. 26, 2019).°
- Secured dismissal of trade libel, interference, and unfair competition claims pursuant to the anti-SLAPP statute on behalf of an international technology analyst firm and its founder and CEO relating to the authorship of a blog post, Avasant LLC v. HFS Research LLC et al., No. 18STCV04626 (Cal. Super. Ct.).°
- Obtained dismissal of RICO claims and allegations of civil rights violations filed against a Fortune 500 oil and gas company under the federal Noerr-Pennington doctrine immunizing petitioning activities.°
- Representation of grammy-nominated electronic music producer and singer against contract and fraud claims asserted by former employee, Dann v. Zhu et al., No. 20SMCV00975 (Cal. Super. Ct.).
- Representation of grammy-award winning pop superstar in proceedings to terminate conservatorship and settle accountings.
- Successfully defended a leading international entertainment company in a six-month, high-profile, multibillion-dollar wrongful death trial centering around allegations of negligent hiring.°
- Obtained multimillion-dollar award for relocation of commercial businesses at administrative trial before California Department of Transportation, Relocation Appeals Board.
- Representation of leaseholders in commercial lease disputes involving complex lease interpretation issues in court and arbitration.
- Representation of nine-figure lienholder in dispute over lien priority.
- Representation of lenders in recovery of loan funds in dispute over authority to provide deed of trust.
- Representation of Fortune 500 title insurer in various title coverage disputes.
- Representation of publicly traded biotechnology company in contract, fraud, and business interference dispute with former adviser.
- Representation of Fortune 50 bank in various disputes against allegations of fraud and negligence.
- Defeated at a three-day bench trial claims of fraud relating to manufacturing agreements on behalf of a distributor and its primary shareholder.°
- Obtained dismissal of claims for fraud and violations of consumer protection statutes under New York, Connecticut, and Vermont law on behalf of a Fortune 100 insurance company.°
- Obtained dismissal of a civil action filed by the United States of America alleging a unit of a publicly traded company failed to honor an IRS levy.°
- Secured release of individual sentenced to life in prison and incarcerated for more than thirty years under Incarceration Reduction Amendment Act / Second Look Amendment Act in recognition of individual’s traumatic upbringing, youth at the time of the offense, and dedication to self-improvement while incarcerated, United States of America v. Long, 1992 FEL 010579.
- Obtained reversal in the Ninth Circuit Court of Appeal of an inappropriately granted summary judgment award against an inmate whose First Amendment Free Exercise rights were violated, Monts v. Arpaio, 570 Fed. Appx. 677 (9th Cir. 2014).°
- Coauthored Amicus Brief advocating for harmony in interpretation of select provisions of the Long-Term Care and and the Lanterman Acts, Dep’t of Pub. Health v. Superior Court of Sacramento Cnty., S214679, 2014 CA S. Ct. Briefs LEXIS 4404 (Cal. Supreme Court).°
°The above representations were handled by Ms. Silver prior to joining Greenberg Traurig, LLP.
Recognition & Leadership
- Member, Media Law Resource Center, Anti-SLAPP Committee
- Member, Los Angeles County Bar Association
- Member, National Association for Women Lawyers
Credentials
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J.D., summa cum laude, Loyola Law School, Los Angeles, 2012
- Valedictorian
- Order of the Coif
- B.A., magna cum laude, Boston University, 2009
- California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Ninth Circuit
- French
- Spanish