Steven B. Silverman

Area of Emphasis

Steve Silverman is a shareholder in the Litigation, Employment and Labor, and Energy and Natural Resources groups of Babst Calland. His practice focuses on commercial litigation, with an emphasis on restrictive covenants and theft of trade secret cases involving departing employees. Mr. Silverman represents both employers and employees in such matters but primarily advises employers on unfair competition, employee raiding and non-competition agreements. In particular, he regularly provides guidance relating to these matters involving multi-state work forces in various jurisdictions in the financial services, tech, healthcare, and manufacturing industries.

Additionally, Mr. Silverman drafts and implements restrictive covenants and confidentiality programs to protect against employee defections and to best position clients in the event of litigation. He also routinely provides risk management advice to employers to identify and safeguard trade secrets that often are otherwise overlooked or insufficiently protected.

Mr. Silverman frequently advises technology providers in business negotiations and disputes. He also litigates cases in the energy industry, including oil and gas matters involving a wide range of issues.

Background

Mr. Silverman graduated cum laude in 1989 from the University of Pittsburgh School of Law, where he served as Managing Editor of the University of Pittsburgh Journal of Law and Commerce. He also graduated with honors in 1986 from Franklin and Marshall College.

Memberships and Affiliations

Mr. Silverman is admitted to practice before all Pennsylvania and Ohio courts, the United States District Courts for both the Western and Middle Districts of Pennsylvania and the United States Court of Appeals for the Third, Sixth and Tenth Circuits. He has also been specially admitted to practice before many other state and federal courts throughout the United States. Mr. Silverman is a member Allegheny County, Pennsylvania, Ohio and American Bar Associations. He has previously served on rules advisory committees for both the Western District of Pennsylvania and the Allegheny Court of Common Pleas regarding electronic discovery. Mr. Silverman also serves as the Chairman of the Allegheny County Personnel Hearing Board.

Mr. Silverman received an AV Preeminent certification rating in a survey of his peers conducted by the Martindale Hubbell Law Directory. He has been recognized in The Best Lawyers of America^® for Information Technology Law (formerly titled the Cyber Law Section) since 2005 and Commercial Litigation since 2013. Mr. Silverman was also named the Best Lawyers^® 2015, 2017, 2024 and 2026 Information Technology Law “Lawyer of the Year” in Pittsburgh, Pa. He was selected over multiple years to the Pennsylvania Super Lawyers list (Thomson Reuters) for Civil Litigation Defense.

Publications/Presentations

• Co-Author, “FTC Non-Compete Ban Barred by Court, No Employer Action Required,” Babst Calland Employment and Labor Alert, August 21, 2024.
• Co-Author, “Making a List, Checking it Twice: When Employees Resign, Employers Should Be Prepared,” The Legal Intelligencer, December 2, 2023.
• Co-Author, “Back to the Future: NLRB Reinstates Significant Restrictions on Severance Agreements,” The Legal Intelligencer, March 30, 2023.
• Presenter, “An Update on the Ohio Dormant Mineral Act and Marketable Title Act,” Energy & Mineral Law Foundation’s (EMLF) Fall Symposium, October 13, 2021.
• Co-Presenter, “Special Considerations for Holding Leases by Production and Operations in a Commodities Downturn,” 11^th Law of Shale Plays Conference, September 10, 2020.
• Author, “Pennsylvania Court Opens Door to Claims of Trespass by Fracking,” Trends, September 24, 2018.
• Co-Author, “Old Quiet Title Making New Racket,” American Bar Association’s Oil and Gas Committee Newsletter, October 17, 2016.
• Co-Author, “Court Upholds Zoning Ordinance Permitting Oil and Gas Well Development in Agricultural/Residential Zoning District,” Babst Calland Administrative Watch, November 1, 2015.
• Author, “Pennsylvania Supreme Court Decision Makes Operators Bear Risk of Challenged Lease’s Expiration,” The PIOGA Press, March 2015.
• Co-Author, “Pennsylvania High Court Prohibits Tolling of Oil and Gas Leases During Litigation,” Babst Calland Administrative Watch, February 18, 2015.
• Presenter, “The Five Biggest Myths About Non-Compete Agreements,” September 24, 2011.
• Presenter, “Controlling E-Discovery Costs:  Five Proactive Solutions,” May 2010.
• Author, “Why Every Company Must Have A Records Management Plan,” Iron & Steel Technology Magazine, June 2009.
• Presenter, “A Primer on Computer Forensics: What Every Lawyer Needs to Know Before Hiring an Expert,” Pennsylvania Bar Institute, May 2009.
• Presenter, “The Basics of Restrictive Covenants,” April, 2009.
• Presenter, “Records Management Plans: What Every In-House (and Outside) Counsel Needs to Know,” February 2009.
• Presenter, “The Threat from Within: Monitoring Your Employees’ IT Use,” January 2009.
• Presenter, “E-Discovery Malpractice Avoidance: What Every Lawyer Must Know About E-Discovery,” November 2007.
• Author, “Preserving Electronic Data: Your Rights and Obligations in an Increasing Paperless World,” Pittsburgh TEQ Magazine, April 2007.
• Presenter, “Your Duty to Preserve Electronically Stored Information: The New Supreme E-Discovery Rules,” Twelfth Annual BAI Audit, Compliance and e-Security Conference, April 2007.