Adam Cole, Partner - Attorney specializing in Complex Commercial Litigation Securities Litigation & Enforcement Bankruptcy & Restructuring

Adam D. Cole
Partner

Biography

Adam’s practice is national in scope and includes work for multinational companies, private equity firms and hedge funds, public and private companies, partnerships and individuals with a focus on complex commercial, corporate and business disputes, mergers and acquisitions litigation, business tort litigation, Delaware Court of Chancery litigation, as well as securities, broker-dealer and investment litigation and regulatory matters. Adam has over 30 years of lead trial, arbitration, regulatory and appellate experience in federal and state courts and before arbitration and regulatory panels across the United States. 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. 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, Chapter 7 and liquidating trustees, committees of creditors, equity security holders, hedge funds and private equity firms.

Practice Areas

Bankruptcy and Restructuring
Complex Commercial Litigation
Securities Litigation & Enforcement

Education

Albany Law School of Union University
- J.D. – 1990, cum laude
- Managing Editor of the Albany Law Review
- 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. District Court Northern District of New York
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Third Circuit

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, 2009-2024

Representative Matters

Commercial Litigation

Representing lender in priority disputes and related litigation involving over $25 million in collateralized loans. Sterling National Bank v. Evgeny Freidman, et al., Index No. 160715/2017 (Sup. Ct. N.Y. County); Citibank, N.A. v. East 65th Street Owners LLC, et al., Index No. 651089/2019 (Sup. Ct. N.Y. County).
Representing government contractor and owners in litigation involving $100 million in surety indemnity claims. The Insurance Company of the State of Pennsylvania v. Lakeshore Toltest JV, LLC et al., Case No. 1:15-cv-01436 (S.D.N.Y.).
Representing purchaser of talent acquisition software company in litigation involving breach of asset purchase and transition services agreements. Cadient LLC v. Kronos Talent Management, LLC, et al., Civil Action No. 20-00773 (D. Del.).
Representing international apparel manufacturer and retailer in factoring dispute involving apparel manufacturing in Honduras. White Oak Commercial Finance, LLC v. Tailgate Clothing Company, Corp., Index No. 655171/2016 (Sup. Ct. N.Y. County).
Representing contractor in constriction litigation involving the rebuild of the Bayonne Bridge and construction of the New York City Ocean Breeze Athletic Facility. Nicholas Industries & Construction Services Inc. v. NASDI, LLC, et al., Index No. 157677/2018 (Sup. Ct. N.Y. County); NASDI, LLC v. Skanska Koch Inc., Case No. 17-cv-3578 (S.D.N.Y.).
Representing wood pellet manufacturing company in construction litigation against subcontractors. Process and Storage Solutions, Inc. v. Sega Biofuels, LLC, Civil Action No.1:15-cv-03817 (N.D. Ga.); Southland Process Group, LLC v. Nahunta Pellets, LLC, et al., Civil Action No. 17 A 07957-7 (Ga. Superior Court, Gwinnett County).

Bankruptcy Litigation

Representing Creditors Committee in Director & Officer fiduciary duty, contract and avoidance litigation. In re hhgregg, Inc., et al., Case No. 17-01302 (S.D. Ind.).
Representing Debtor in declaratory judgment and injunctive relief litigation. In re Hartman SPE, Case No. 23-11452 (D. Del.) .
Representing Chapter 11 Debtor and Liquidating Trustee in contract and avoidance litigation. In re Taronis Fuels, Inc., et al. Case No. 22-11121 (D. Del.).
Representing Chapter 11 Debtor in corporate transactional litigation. ATLS Acquisition (Liberty Medical Supply, Inc.), Case No. 13-10262 (D. Del.).
Representing Debtor and Liquidating Trustee in core bankruptcy matters and commercial litigation. In re Mercon Coffee Corp., Case No. 23-11945 (S.D.N.Y.).
Representing lender in competing creditor litigation involving over $100 million in properties and taxicab medallions. In re Hypnotic Taxi LLC, et al., Case No. 15-43300 (E.D.N.Y.).
Representing Creditor Trust in Director & Officer fiduciary duty, contract and avoidance litigation. In re ACAR Wind Down, Inc., et al., Case No. 18-11659 (D. Del.).
Representing Chapter 7 Trustee in Director & Officer fiduciary duty, fraud and avoidance litigation. In re Team Systems International, LLC, Case No. 22-10066 (D. Del.).

Corporate Litigation

Representing purchaser of demolition and environmental remediation corporation in post-closing earnout, adjustment and fraud litigation. NASDI Holdings LLC v. North American Leasing Inc., et al., C.A. No. 10540-VCL (Delaware Court of Chancery).
Representing stockholders in breach of fiduciary duty litigation involving a $1.08 billion merger of biotech companies. In re Altor Bioscience Corp., C.A. No. 2017-0466 (Delaware Court of Chancery)
Represent company and co-owner in fraud and fiduciary duty litigation. Kaufman v. Samane, et al., Case No. 2018-28243 (Pa. Common Pleas, Mongomery County).
Representing sellers of government contracting and engineering company in fraud and breach of contract claims under stock purchase agreement. Gridiron LTC Investment, LLC, et al. v. Rachmale, C.A. No. 12564-VCS (Delaware Court of Chancery).

Securities and Investor Litigation

Representing private equity firm in litigation against lender involving its investment in an ecommerce aggregator. Anthemis Venture Fund II S.C.Sp v. Victory Park Capital Advisors, LLC, C.A. No. 2024-1330 (Delaware Court of Chancery).
Representing private equity firm in litigation against directors and officers and against lender involving investment in solar financing company. SL Investor III LLC, et al. v. Matthew Potere, et al., Case No.: 2023-024065-CA-01; SL Investor III LLC v. Cross River Bank, (New Jersey Superior Court, Bergen County).
Representing corporation and officers in defending securities fraud claims by stockholder. Milne v. Project Primus, Inc., Case No. 1:25-cv-1113 (S.D.N.Y.).
Representing private equity funds in litigation defending against fraud and negligence claims involving a PIPE transaction. Iroquois Master Fund Ltd. vs. John C. Textor, et al., Index No. 651788/2013 (Sup. Ct. N.Y. County).

Pro-Bono Activities

Representing incarcerated person in prisoner’s right’s trial.
Representing incarcerated person in appeals through the New York State Court of Appeals.
Representing person who is deaf in FINRA action against broker.

Published Works

“When Non-Clients Sue Professionals for Negligence,” New York Law Journal (January 4, 2010)
“Defending the Perceived ‘Deep Pocket’: The Auditors,” a chapter of the Inside the MindsTMseries Best Practices for Securities Litigation, published for Leading Lawyers On Maintaining Regulatory Compliance, Reporting Financial Disclosures, and Working With Government Agencies (February 2007)
“General Motors and Mass Torts: Precedent or Arbitration”, Leader’s Product Liability Law and Strategy (June 1995)
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)

Adam D. Cole Partner