A partner in Cadwalader's Litigation Department, Adam is an accomplished trial lawyer with an exceptionally broad practice representing clients in their most important disputes - civil, criminal and regulatory. He draws on his experience as a former federal prosecutor, senior Department of Justice (DOJ) and congressional official to provide clients outstanding advocacy, judgment and client service.
RECENT REPRESENTATIVE EXPERIENCE
Complex Civil Cases
•Microsoft as trial counsel in a patent infringement suit involving online advertising technology.
•A publicly traded pharmaceutical company in securities class actions pending in the Southern District of New York.
•A publicly traded energy company in securities class actions pending in the Central District of California.
•New York Governor Andrew M. Cuomo in a civil rights and False Claims Act (FCA) suit pending in the Southern District of New York.
•Prominent software company in disputes, including arbitration, involving alleged theft of trade secrets, breach of fiduciary duty, intellectual property infringement and breach of contract.
•Fortune 50 company in sexual harassment and retaliation dispute and mediation. Plaintiffs received less than 2% of multi-million demand.
•Fortune 50 company in state court proceedings and arbitration involving allegations of breach of fiduciary duty, conversion and unjust enrichment.
•International shipping company and its President in FCA and breach of contract action. DOJ dropped its FCA claims, and cut its damages demand substantially.
•American Jewish Committee as amicus before U.S. Supreme Court in support of Muslim prison inmate's appeal alleging violations of religious liberty.
•Fortune 100 Chief Accounting Officer in securities and ERISA class actions involving allegations of inappropriate energy trading.
•Estate of Enron Corp. in connection with dozens of breach of derivative contract lawsuits to obtain billions of dollars.
White Collar and Regulatory Matters
•Top multinational public company in DOJ and SEC Foreign Corrupt Practices Act (FCPA) inquiry.
•A leading financial institution in DOJ and SEC FCPA and related securities fraud investigation.
•A leading financial institution in DOJ criminal antitrust and securities fraud investigation involving foreign currency.
•Top non-profit healthcare provider in DOJ FCA investigation.
•Publicly traded energy company in FINRA securities fraud investigation.
•The British Virgin Islands in a dispute with the United States Department of State.
•Major auto manufacturer's employees in an FCPA investigation involving the DOJ, SEC and foreign governments.
•Prominent software company and its former CEO in a DOJ cybercrime investigation and prosecution.
•Top public companies in internal FCPA investigations and compliance program reviews.
•Senior financial institution officials in DOJ, SEC and CFTC securities fraud investigations.
•Senior sales director in a DOJ/FDA Anti-Kickback, off-label marketing and healthcare fraud investigation.
•Senior corporate executive in corporate campaign finance investigation.
•Foreign country and funds concerning compliance with the Foreign Account Tax Compliance Act (FATCA).
•Health care provider in a DOJ health care fraud matter.
•General Counsel of top publicly traded company in federal criminal securities fraud action.
Adam has been widely recognized as among the best in his field. He is listed in The Best Lawyers in America and Super Lawyers; the international press has described him as a “top notch American lawyer”; and he is a two time recipient of the prestigious Burton Award for exceptional legal writing. Television and print media regularly call on Adam for commentary, including Bloomberg News, CNN, the Wall Street Journal, Reuters and Law 360. Adam has published numerous articles and is a frequent speaker at conferences concerning, among other subjects, trial strategy, white collar enforcement and defense, and developments in complex civil litigation. His articles have appeared in the National Law Journal, New York Law Journal, The Financial Fraud Law Report, Bloomberg BNA and various other publications.
His clients have similarly recognized his advocacy skills, judgment and client service. Microsoft, for example, selected Adam to attend its 2013 Advocacy Academy, which trains the company's top outside counsel in advanced civil trial and advocacy techniques.
Adam is also an expert in federal sentencing. The United States Sentencing Commission has appointed Adam to its Practitioners Advisory Group, comprised of only 17 lawyers nationwide. Adam is the single voting member representing the District of Columbia Circuit defense bar, and he advises the Commission on federal sentencing policy, including on all proposed amendments to the Federal Sentencing Guidelines.
Before rejoining Cadwalader as a Partner, Adam was senior counsel to the Assistant Attorney General (AAG), Criminal Division, at the DOJ from 2010-2012. In this position, Adam provided advice to DOJ leadership regarding prosecutions, litigation strategy, and policy involving nearly every DOJ white collar priority, and especially the FCPA, securities and other financial fraud, money laundering, asset forfeiture, health care fraud and FDA matters. As the AAG's representative to the Financial Fraud Enforcement Task Force, Adam led a significant investigation into a major financial institution's derivative trading practices preceding the financial crisis, and was significantly involved in the creation of the DOJ/SEC FCPA Resource Guide.
From 2005 - 2009, Adam was an Assistant United States Attorney in Newark, New Jersey, where he was appointed by former U.S. Attorney and current New Jersey Governor Chris Christie to the Office's elite securities and health care fraud and political corruption units. He successfully tried numerous complex cases, including the conviction, after an 11-week jury trial, of the Chairman of the New Jersey Senate Budget Committee and a New Jersey medical school dean on pension fraud and corruption charges, and handled some of the Office's most significant FCPA, securities, corporate fraud, health care fraud and FDA, and corruption matters.
During the 111th Congress (2009 - 2010), Adam was named Chief Counsel for investigations and oversight on the U.S. House of Representatives Permanent Select Committee on Intelligence following press reports that CIA failed to inform Congress about the development of an intelligence program involving a federal contractor. Adam oversaw hearings and other inquiries, including those concerning allegations of misleading Congress, FCPA violations, fraud in federal contracting, cyber security efforts, and OFAC sanctions.
Following a clerkship with United States District Judge Clarence C. Newcomer, of the Eastern District of Pennsylvania, Adam began his career at Cadwalader as a litigation associate, where he specialized in civil litigation and government enforcement.
COMMUNITY SERVICE AND EDUCATION
Adam is committed to serving his community. He engages in substantial pro bono legal work, and also serves as a board member of the American Jewish Committee in Washington, D.C., on the advisory board of the Maryland / Israeli Development Center, and is an officer on the Yeshiva University, Benjamin N. Cardozo School of Law Alumni Executive Committee.
Adam is a magna cum laude graduate of Yeshiva University's Benjamin N. Cardozo School of Law, and of Mary Washington College (now University of Mary Washington). He was an editor on the Cardozo Law Review, and is a member of the Order of the Coif. Adam is a member of the New York, New Jersey and District of Columbia bars. Every January, Adam hosts and teaches a seminar for Cardozo Law School students concerning the practice of law in Washington, D.C.
News & Resources
• Cadwalader Represents BankUnited in Agreement to Acquire Certus's Small Business Finance Unit
Mar 09, 2015 (Also at Washington, DC Office)