Adam D. Cole
Partner

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