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Adam Silverstein

Otterbourg PC

Mr. Silverstein has been a complex commercial litigator for thirty years.  He has successfully first-chaired both jury and non-jury trials through verdict, litigated arbitrations through award and confirmation, and argued appeals in both federal and state courts, in New York and elsewhere. He has extensive experience litigating on behalf of claimants and claimant committees in mass tort bankruptcies, having represented multi-district litigation (MDL) leadership in heavily-contested preliminary injunction hearings, and subsequently serving as co-lead bankruptcy counsel for the official tort claimant committees, in two of the largest mass-tort bankruptcy cases in history:  LTL Management (Johnson & Johnson) and Aearo Technologies (3M).

Mr. Silverstein’s closing argument in the MasterCard – FIFA World Cup trial is quoted in Andrew Jenning’s “FOUL! The Secret World of FIFA: Bribes, Vote-Rigging and Ticket Scandals” (paperback edition 2008).   Mr. Silverstein’s experience includes:

  • Leading the litigation team opposing preliminary injunctive relief in In re LTL Management, LLC on behalf of, initially, the MDL Plaintiffs’ Steering Committee and, subsequently, the Official Committee of Tort Claimants;
  • Co-leading the litigation team in defeating preliminary injunctive relief in In re Aearo Technologies, LLC on behalf of MDL Co-Lead Counsel;
  • Winning ≈$10 million in judgments in favor of a NYSE traded REIT after summary judgment and a damages trial against the guarantor of a commercial SoHo lease;
  • Serving as lead trial counsel for an agented bank group sued in the E.D.N.Y. Bank. Ct. on claims of lender liability in a 25+-day bench trial;
  • Defeating unfair dilution claims for >$130 million in damages against directors and officers of a start-up streaming company, and obtaining a defense judgment of $0 in damages, after a 2-plus week trial in Del. Ch. Ct.;
  • Obtaining summary judgment dismissing all claims in favor of a private equity mezzanine financer sued by a senior secured lender hedge fund for jumping priority;
  • Obtaining summary judgment awarding millions of dollars to an affordable housing developer for a commercial developer’s breach of an air rights purchase agreement;
  • Obtaining a permanent injunction after an S.D.N.Y. trial against FIFA for MasterCard preventing FIFA from awarding sponsorship rights to the 2010 and 2014 World Cups to VISA; and
  • Winning a complete defense verdict for an industrial wire manufacturer accused of trade secret theft following a 2-plus week jury trial in the S.D.N.Y. and upholding the verdict on appeal in the 2nd Circuit.