Erik M. Silber

Erik brings a disciplined, analytical approach to every matter, combining strategic advocacy with careful attention to legal nuance and procedural detail. His experience spans trial and appellate courts, where he assists clients in navigating sophisticated legal issues, developing persuasive arguments, and protecting their rights at every stage of litigation. Erik has argued 36 appeals before the United States Court of Appeals for the Ninth Circuit, including an en-banc argument, and served as Chief of the Post Conviction and Special Litigation Section at the U.S. Attorney’s Office. He has supervised, edited, and filed hundreds of appellate briefs and participated in hundreds of moot courts to prepare colleagues for argument. Erik has served as embedded appellate counsel for trial teams in civil litigation and served in a similar role in numerous criminal trials at the U.S. Attorney’s Office. Erik has also tried six federal cases as a lead or solo counsel and directly supervised more than 40 federal trials as a supervisor of new AUSAs (Acting Chief and Deputy Chief of the General Crimes Section), providing insight and guidance on all aspects of the trial, including potential appellate issues. He served as an adjunct professor of criminal procedure at USC Gould School of Law and as a guest lecturer for white collar crime and appellate advocacy at Loyola Law School.

In appellate matters, Erik is known for crafting clear, compelling briefs, and working closely with trial teams to preserve and position issues for appellate review. Erik is currently drafting his third appellate brief in the last three months (two before the California Court of Appeal and one before the Ninth Circuit).  In his embedded appellate counsel work, Erik brings his wealth of experience with trials, motion practice, and the appellate practice, to help the trial team throughout trial, including helping guide decisions about what arguments to raise, what evidence to admit, and what evidence to object to the other side admitting.  Erik’s embedded appellate counsel work includes pre-trial briefing (including motions in limine and preparing trial briefs), briefing during trial (motions to exclude or admit evidence or to oppose either, motions for nonsuit or directed verdict), documents for the jury (jury instructions and special verdicts), and post-trial briefing.  So far in 2026, Erik has served as embedded appellate counsel for defendants in four civil trials: two in California state court (Los Angeles and Orange Counties), one in federal court (C.D. Cal.), and one in Georgia state court, including a defense verdict after five weeks of trial in a case in which plaintiffs had sought $200 million.  Erik is also hired specifically to handle post-trial work after a verdict, with his briefing recently leading to a reduction of the verdict from around $15 million to $9 million in a civil case.

Erik serves on the Executive Committee for the Los Angeles County Bar Association’s Privacy and Cybersecurity Section and the Los Angeles Criminal Justice Inn of Court. He is a member of the Los Angeles Copyright Society and a recent past Chair of the Litigation Section of the California Lawyers Association.