Skilled. Results-Driven. Efficient.

Attorney Adam D. Cole headshot

Adam D. Cole

Partner

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Practice Areas

  • Complex Commercial Litigation
  • Securities Litigation & Enforcement
  • Bankruptcy & Restructuring

Education

  • Albany Law School of Union University
    • J.D. – 1990, cum laude
    • Recipient, 1990 Scribes Award for the Outstanding Published Note or Comment by an Albany Law Review Member
  • State University of New York, Stony Brook, New York
    • B.A. – 1987

Bar Admissions

  • New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. Court of Appeals District of Columbia Circuit

Biography

Adam D. Cole has over 20 years of trial, arbitration, regulatory and appellate experience with a focus on broker-dealer and investment litigation and regulatory matters, bankruptcy and complex commercial disputes, professional malpractice cases and other business litigation.   Prior to joining Chipman Brown Cicero & Cole, Adam was a Principal Shareholder in the Litigation Practice Group of Greenberg Traurig LLP.

Adam also focuses a significant part of his practice on complex commercial and bankruptcy litigation.   In particular, Adam takes a lead role in core bankruptcy matters, adversary proceedings and contested matters involving a wide range of bankruptcy-related issues representing debtors-in-possession, committees of creditors, equity security holders, hedge funds, private equity firms and other distressed investors.

Professional Activities & Honors

  • American Bar Association
  • New York State Bar Association
  • Recipient, 1990 Scribes Award for the Outstanding Published Note or Comment by an Albany Law Review Member
  • Listed, New York Metro Super Lawyers, 2009-2019

Pro-Bono Activities

  • Firefighter, Chappaqua Volunteer Fire Department

Published Works

  • "General Motors and Mass Torts: Precedent or Arbitration", Leader's Product Liability Law and Strategy, June, 1995
  • It Ain't Over Till It's Over, Interpreting 28 U.S.C. 158(d) Finality for Bankruptcy Appeals to Circuit Courts, 53 Alb. L. Rev. 889, 1989
  • "Defending the Perceived 'Deep Pocket': The Auditors", February, 2007
  • Co-author, "When Non-Clients Sue Professionals for Negligence," New York Law Journal, January 4, 2010
  • Author, "Comment, It Ain't Over Till It's Over," Interpreting 28 U.S.C. 158(d) Finality for Bankruptcy Appeals to Circuit Courts, 53 Alb. L. Rev. 889 (1989)

Representative Matters*

Bankruptcy and Restructuring Representations

  • Official Committee of Unsecured Creditors of Personal Communications Devices, LLC, Case No. 13-74303 (AST) (Bankr. E.D.N.Y.) (conflicts counsel)

  • ATLS Acquisition (Liberty Medical Supply, Inc.), Case No. 13-10262 (PJW) (conflicts counsel)

  • Representation of a Czech rolled steel company in contested matters and adversary proceedings involving a debtor U.S. steel mill engineering company

  • Representation of debtor electric utility company in contested matters and adversary proceeding

  • Representation of owner in contested matters and adversary proceedings involving a debtor HVAC company

  • Generation Capital Partners II LP in litigation of earn-out dispute regarding the sale of a national medical and allied health-related career training portfolio company. Generation Capital Partners II LP v. Education Affiliates Inc.

Securities, Corporate Litigation & Arbitration Representations

  • Representation of a public medical technology company in Delaware Chancery Court and Delaware Supreme Court involving a disputed issuance of options to purchase the company’s stock

  • i3screen LLC in litigation of breach of contract claim and request for injunctive relief regarding misuse of confidential information. First Advantage Occupational Health Services Corp. v. i3screen LLC (D. Del.)

  • Representation of broker-dealer in federal securities fraud class action involving a public offering of securities

  • Representation of broker-dealer in state fraud class action involving a private offering of securities

  • Representation of broker-dealer in federal securities fraud action involving a private offering of securities

Post-Merger and Acquisition Representations

  • Representation of seller of a national crane company involving post-sale purchase price issues, accounting and warranty claims

  • Representation of sellers of a national nutritional supplements and pharmaceutical manufacturer involving post-sale purchase price issues, accounting and warranty claims

  • Representation of sellers of a national logistics company involving post-sale purchase price issues, accounting and warranty claim

  • Representation of sellers of a paper company in post-sale bankruptcy and related litigation

Professional Malpractice Representations

  • Representation of an international accounting network in defending investor suit involving audits of a fund invested with Bernard Madoff

  • Representation of a major national accounting firm in defending investor and trustee suits involving audits of a factoring company

  • Representation of a major national accounting firm in defending investor and creditor committee suits involving audits of a real estate syndication company

  • Representation of a major national accounting firm in defending client suit involving defalcation from a hedge fund

  • Representation of a major national accounting firm in defending trustee suit involving a resort company

*Note: Some of the matters listed were handled by our lawyers prior to joining Chipman Brown Cicero & Cole, LLP