Peter R. Silverman
Peter Silverman has extensive experience in the area of commercial litigation and general business counsel. He has substantial experience in a number of specialty areas, including franchising, alternative dispute resolution, intellectual property, securities, and antitrust.
Peter has been an active arbitrator since 1986 and mediator since 1990. He is a member of the AAA's Large, Complex Case Arbitration Panel. He teaches seminars nationwide and writes widely on alternative dispute resolution.
In 2014 and nine prior years, Franchise Times® recognized him as one of the nation's top 100 franchise lawyers. Best Lawyers lists him as one of America's best Arbitration, Commercial Litigation, Franchise Law, Litigation - Intellectual Property, Litigation - Securities, and Mediation lawyers, and Ohio Super Lawyers® and the International Who’s Who of Business Lawyers recognize him in franchise law. He was chair of the Litigation and Alternative Dispute Resolution Committee and on the Governing Committee of the ABA Forum on Franchising, and is a member of the IFA/CPR Franchise Mediation Program Steering Committee. He received the Ernst and Young / Inc. Magazine Entrepreneur of the Year Award for his work in helping business owners start and grow their businesses, and is a member of the University of Toledo and Bowling Green State University Entrepreneurial & Business Excellence Hall Of Fame. He formerly served on the Toledo City Council, the Toledo School Board, and the Ohio Casino Commission.
In his 31 years of practice, Mr. Silverman has tried over 75 cases to conclusion in court and arbitration, and has served as an arbitrator in over 25 cases. In the latest five years, he has:
- Won defense verdict in 7-figure securities fraud case after a bench trial.
- Won defense verdict in 7-figure jury trial in federal court in a case between real estate developers over a broken deal.
- Won arbitration award for $500,000 against two broker dealers related to fraud in connection with reverse convertible notes.
- Successfully settled counterfeit action in which defendant received back the seven trailer-loads of goods seized from its warehouses.
- Obtained full-recovery six figure award in arbitration on behalf of national trust company against systems provider.
- Investigated complex securities investment, brought suit, and exposed $200 MM Ponzi scheme.
- Recovered 7-figure settlement in RICO/fraud suit by developer against general contractor.
- Successfully resolved termination/breach actions brought by Bennigan’s against over 75 franchisees and guarantors.
- Secured 6-figure settlement in legal malpractice action brought by franchisor.
- Participating in trial team bringing arbitrations on behalf of over 1000 former Merrill Lynch brokers against Bank of America, including parallel class action litigation.
- Serving as lead trial counsel in trademark confusion case between two national consumer brands (still pending).
- Franchise Times®, recognized as one of the Nation's top 100 franchise lawyers
- Best Lawyers in America, 2007 - 2014
- International Who’s Who of Business Lawyers, 2013, Franchise law
- Ohio Super Lawyer by Super Lawyers magazine, 2014, 2011, 2010, 2009
- Entrepreneurial & Business Excellence Hall Of Fame
- Toledo Business Journal, "Who's Who in Toledo Area Law"
- Ernst and Young Inc. Magazine, "Entrepreneur of the Year" Award
- AV® Peer Review Rated by Martindale-Hubbell
- Top Rated Commercial Litigation Lawyer, Martindale-Hubbell, 2012
Professional and Community Affiliations
- Toledo Bar Association
- Ohio State Bar Association
- American Bar Association
- ABA Forum on Franchising
- IFA/CPR Franchise Mediation Program Steering Committee
|05.27.2014||Peter R. Silverman Featured Expert in Franchise Journal|
|04.01.2014||Brian McMahon and Peter Silverman Selected as Franchise Times Legal Eagles|
|12.05.2013||Shumaker, Loop & Kendrick, LLP Attorneys Named to 2014 Ohio Super Lawyers® and Ohio Rising Stars|
|10.10.2013||Peter R. Silverman Quoted in Wall Street Journal News Story|
|08.15.2013||83 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America® 2014|
|07.26.2013||Peter R. Silverman Quoted in The Street.Com News Story|
|12.25.2012||Peter R. Silverman Featured in Blue MauMau Article regarding Franchising and Distribution Top Legal Trends in 2012|
|10.10.2012||Peter Silverman Co-Authored American Bar Association Publication "Annual Franchise and Distribution Law Developments, 2012"|
|09.12.2012||Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal’s “Who’s Who in Toledo Area Law” Recognition|
|08.28.2012||81 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America® 2013|
|09.15.2011||Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal’s “Who’s Who in Toledo Area Law” Recognition|
|09.07.2011||70 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Inclusion in The Best Lawyers In America® 2012|
|07.21.2011||Peter R. Silverman Quoted in Nation’s Restaurant News Story|
|06.06.2011||Peter R. Silverman Quoted in Forbes Magazine Story|
|12.20.2010||Shumaker, Loop & Kendrick, LLP Attorneys Named to 2011 Ohio Super Lawyers and Ohio Rising Stars|
|08.12.2010||70 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Inclusion in The Best Lawyers in America® 2011|
|07.29.2010||Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal’s “Who’s Who in Area Law” Recognition|
|07.01.2010||Shumaker, Loop & Kendrick, LLP Attorneys Named to Super Lawyers, Corporate Counsel Edition|
|05.01.2014||"Not Your Father's Arbitration"|
|Spring 2014||"Party-Appointed Arbitrators: Ethical Concerns," The Franchise Lawyer, Vol. 17, No. 2, Spring 2014|
|October 2013||Co-Author, "Forum 2013 Intensive Program: Mediation," American Bar Association 36th Forum on Franchising|
|Summer 2013||"Not Your Father’s Arbitration," Franchise Lawyer, Vol. 16:3|
|02.2013||"Leverage: Understanding your Power and Position," Professional Athlete Franchise Initiative Press|
|11.01.2012||"International Arbitration," insights Newsletter, Fall 2012|
|10.01.2012||Co-Author, "Annual Franchise and Distribution Law Developments 2012" (ABA)|
|09.2012||"Mediation 2.0," The Franchise Lawyer, Vol. 15, No. 4, Fall 2012|
|09.2011||Co-Author, "The Franchisee Lawyer's Checklist: What Every Franchisee Lawyer Should Know," American Bar Association Forum on Franchising|
|05.15.2011||"Key Legal and Business Ethics Issues for Franchise Lawyers," International Franchise Association Legal Symposium|
|11.01.2010||"The Automobile Industry Special - Binding Arbitration Program: A Review and Analysis"|
|10.01.2010||"Mandatory Arbitration of GM and Chrysler Dealer Terminations - Did It Work?" |
|07.06.2010||"Can We Resolve Franchise Disputes Faster, Cheaper, and Better?"|
|10.14.2009||"Mediating Franchise Disputes" |
|06.15.2008||"The Client's Guide to Mediation and Arbitration: The Strategy for Winning"|
|02.11.2008||"Amended FTC Franchise Rule Affects Franchisees: Right of Franchise Association Disclosure Takes Effect in '08"|
|10.10.2007||"FTC Rule Revision Benefits Independent Franchisee Associations"|
|10.09.2007||"Float like a Butterfly, Sting like a Bee: The Lure of Floating Forum Selection Clauses"|
|2007||"A Step-by-Step Look at Dispute Resolution," in Inside the Minds: Mediation and Arbitration Best Practices (Boston: Aspatore Books)|
|03.01.2006||"Franchise Brokers: Buyer Beware" |
|10.01.2005||"47 Litigation Writing Rules"|
|05.01.2005||"Forty-Five Litigation Writing Rules." Ohio Lawyer|
|01.01.2005||"43 Litigation Writing Rules" |
|10.2003||"What's in a name? Just the essence of a franchise system." Indus Journal: B10|
|06.2003||"Court Decision Gives Franchisees Hope in Termination Battles." Indus Journal: 11|
Events and Presentations
|10.16.2013||Panelist, "Forum 2013 Intensive Program: Mediation," American Bar Association 36th Forum on Franchising|
|04.04.2013||Panelist, "Herding the Cats: The Case for Collective or Joined Arbitration," ABA Dispute Resolution Spring Conference|
|11.15.2012||"Annual Developments in Franchise and Distribution Law 2012," American Bar Association Webinar|
|10.05.2012||"Annual Developments in Franchise and Distribution Law 2012," American Bar Association Forum on Franchising|
|10.19.2011||"The Franchisee Lawyer's Checklist: What Every Franchisee Lawyer Should Know"|
|05.16.2011||"Key Legal and Business Ethics Issues for Franchise Lawyers," International Franchise Association Legal Symposium|
|06.09.2010||"Formation of the ADR Clause," International Association of Defense Counsel|
|05.26.2010||"The New Wave of Dispute Resolution," American Bar Association Forum on Franchising teleseminar|
|05.10.2010||"Best Practices for Dispute Resolution," International Association of Franchisees and Dealers|
|12.01.2009||"Mediating Franchise Disputes," American Bar Association Forum on Franchising, 2009 Annual Program, and American Bar Association teleseminar|
|09.01.2009||"ADR is Not an Impulse Item," Cincinnati Bar Association|
|11.01.2008||"Mediation and Arbitration: Strategies for Winning," Association of Corporate Counsel, Central Ohio Chapter|
|11.01.2008||"Antitrust Guidelines for Trade Associations," National Association of Credit Management|
- J.D., cum laude, University of Michigan, 1981
- B.A., with honors, George Washington University, 1977
- Hebrew University of Jerusalem, 1975-1976
Bar and Court Admissions
- Michigan, 1988
- Ohio, 1984
- New York, 1982
- United States Supreme Court, 1986
- Court of Appeals New York, 1982
- Supreme Court Michigan, 1984
- Supreme Court Ohio, 1984
- United States Court of Appeals Second Circuit, 1983
- United States Court of Appeals Sixth Circuit, 1985
- United States Court of Appeals Ninth Circuit, 1988
- United States Court of Appeals Fourth Circuit, 2005
- U.S. District Court Southern District of New York, 1982
- U.S. District Court Eastern District of New York, 1982
- U.S. District Court Northern District of Ohio, 1985
- U.S. District Court Eastern District of Michigan, 1987
- U.S. District Court Southern District of Ohio, 2000