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Gary Silverman

NY Labor Law Lawyer Gary Silverman

Gary Silverman is a Partner in the Firm’s Labor and Employee Benefits and General Litigation practices. He supervises the Firm’s labor and employee benefits litigation practice as well as serving as counsel to and advising multiemployer and single employer benefit plans.

In his role as litigation counsel, Mr. Silverman has represented unions and benefit plans in a broad array of matters, both as plaintiffs and defendants, in State and federal courts. Representative matters on behalf of the Firm’s union clients include the defense of duty of fair representation cases, claims of employment discrimination, and actions to set aside elections. On behalf of unions as plaintiffs, Mr. Silverman has been involved in applications for injunctions in aid of arbitration and special proceedings for review of disciplinary determinations. Examples of benefit fund litigated matters include defense of trustees’ benefit determinations and plan interpretation, validity of spousal waivers, and employee benefit fraud actions against employers and individuals for willful evasion of remittance obligations. Mr. Silverman has argued numerous appeals relating to labor and employee benefit issues, including ERISA’s break in service provisions, plan interpretation of medical necessity, and contempt under a consent decree.

Mr. Silverman also serves as counsel to unions and employee benefit plans, advising the Firm’s union clients on all aspects of union governance and compliance, including organizing, unfair labor practices, interpretation and enforcement of collective bargaining agreements, grievance handling, and government investigations.  Mr. Silverman advises the Firm’s employee benefit plans on matters relating to fiduciary responsibility and compliance and supervises the Firm’s review of Qualified Domestic Relations Orders and Qualified Medical Child Support Orders for its benefit fund clients.


“O’Dwyer & Bernstien has helped me in several different situations over the last 12 years that I’ve lived in NYC. They’re my go-to firm because they always obtain the results that I need and deserve. They’re also located in downtown Manhattan, which makes them very convenient. The office and people that work there are exactly what you’d expect from a top tier law firm in the world’s greatest city.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”