Former Assistant U.S. Attorney/Chief of Post Conviction and Special Litigation Section Erik M. Silber Joins Dykema in Los Angeles

Dykema, a leading national law firm, today announced that Erik M. Silber has joined the firm’s Los Angeles office as Senior Counsel in its Commercial Litigation Practice Group, the firm’s White Collar and Government Investigations group, and its Appellate and Critical Motions Practice. His practice will also focus on data privacy and cybersecurity matters, as well as intellectual property disputes. Silber comes to Dykema after more than two decades as an Assistant U.S. Attorney in the United States Attorney’s Office for the Central District of California, which includes time as a Senior Counsel for the U.S. Department of Justice Office of Legal Policy and as a Director/Senior Advisor for the U.S. Intellectual Property Enforcement Coordinator at the White House.

When he left the United States Attorney’s Office, Silber was serving as one of nine section leaders in the Criminal or National Security Division as Chief of the Post Conviction and Special Litigation Section. He was previously a Deputy Chief—and regular Acting Chief—of the Office’s training section (the General Crimes Section), where he taught new prosecutors how to approach criminal investigations, trials, and appeals.

Over the course of his tenure with the U.S. Attorney’s Office, Silber developed a national reputation for handling complex, high-stakes matters involving white collar crime, public corruption, environmental enforcement, cybercrime, elections law, intellectual property, and data privacy. His experience includes supervising and trying felony cases, leading major fraud and corruption prosecutions, and advising on charging, sentencing, and enforcement policy at the highest levels of the Department of Justice. He tried a half-dozen federal cases as solo or lead counsel, and directly supervised more than 40 federal trials.

“Erik’s arrival is a significant moment for our Los Angeles office and for our clients,” said Brian Newman, Managing Member of Dykema’s Los Angeles office. “His deep familiarity with federal courts, prosecutors, and regulators in this market—combined with his credibility earned over more than two decades of public service—strengthens our ability to guide clients through their most sensitive and consequential matters.”

In addition to his trial and investigative work, Silber brings extensive experience shaping national policy. While on loan to the Department of Justice’s Office of Legal Policy, he focused on emerging technology issues, including cybersecurity, privacy, and intellectual property, served as a DOJ representative to the White House on privacy, co-led a DOJ-wide initiative to update guidance for computer-hacking and intellectual property crime enforcement nationwide and served as co-leader of a DOJ team addressing sentencing policy before the United States Sentencing Commission. When he was on loan to the White House, Silber helped craft the White House’s joint strategic plan to fight intellectual property infringement and the White House’s intellectual property enforcement legislative priorities and proposals.

“Erik has participated in government enforcement from every angle—trial counsel, appellate advocate, supervisor, and policy advisor,” said Mark Chutkow, Leader of Dykema’s White Collar and Government Investigations group. “That perspective is invaluable to clients facing investigations or enforcement actions, particularly in matters involving complex technology, data privacy, or cross-cutting regulatory risk.”

Silber is also a highly regarded appellate lawyer, having argued 36 cases before the U.S. Court of Appeals for the Ninth Circuit, including before an en banc panel, and having supervised the briefing of hundreds of other federal appeals. He has also served as a law school lecturer and faculty member in appellate advocacy classes. Silber’s most significant appeal involved the Ninth Circuit’s reversing the dismissal of an indictment for illegal contributions to a presidential candidate involving a prominent Los Angeles attorney. As a result of the appeal, Silber joined the faculty for the elections crime course at DOJ’s National Advocacy Center and became co-District Elections Officer for the Central District of California for multiple federal elections.

“Erik is an exceptional and tremendously successful appellate advocate, widely regarded in California and nationally as a leader in the field, helping to shape undeveloped areas of law. We are thrilled that he has chosen to join Dykema and look forward to working with him to support our clients and address their most critical needs,” said Jimmy Azadian, Leader of Dykema’s Appellate and Critical Motions Practice. “Erik’s unmatched experience, legal proficiency, and dedication to client service make him a powerful addition to our appellate bench, complementing our commitment to providing the highest quality legal services to our clients.”

Silber received a J.D. from the University of California at Berkeley School of Law and an A.B., with honors, in Economics and Political Science-Public Service from the University of California at Davis.

Silber is an Executive Committee Member of the Los Angeles County Bar Association’s Privacy and Cybersecurity Section and Los Angeles Criminal Justice Inn of Court, a member of the Los Angeles Copyright Society, and a recent past Chair of the Litigation Section of the California Lawyers Association (which has about 6,000 members statewide). He previously served as an adjunct professor of criminal procedure at the USC School of Law and as a recurring guest lecturer on white-collar crime and appellate advocacy at Loyola Law School.