Adam M. Bialek, Partner
Litigation & Dispute Resolution Group
Litigation & Dispute Resolution Group
Adam M. Bialek concentrates his practice in commercial litigation and arbitration with broad experience in large, complex commercial cases. Over the course of his career, Adam has litigated and arbitrated a wide range of disputes, but concentrates in such areas as commercial contracts, securities, insurance and reinsurance matters, derivative financing, employment matters, and products liability. Adam also has extensive experience in all procedural aspects of litigation, including venue challenges, forum selection clauses, declaratory judgment practices, discovery, motion practice, trial, post-trial, and appeals.
Education and Background
Adam received his J.D. from Tulane Law School in 2002. He received his B.A. degree in Economics and Environmental Analysis and Policy from Boston University, graduating cum laude, in 1999.
Select Litigations:
- Currently representing the Federal Deposit Insurance Company (“FDIC”) as receiver for Signature Bank in two shareholder class action lawsuits.Schaeffer v. Signature Bank, et al., Case No. 1:23-cv-01921 (E.D.N.Y.); Singh v. Signature Bank, et al., Case No.: 1:23-cv-02501 (E.D.N.Y.).
Represented AIG in litigation seeking to recover over $70 million in losses on certain project finance notes issued by a contractor of Petróleo Brasileiro, Inc. ("Petrobras"). American General Life Insurance Company, et al., v. Schahin Petróleo e Gás S,A,, et al., No. 2017-19016 (Dist. Ct. Harris County, Tex.).
- Represented Lehman Brothers in litigations asserting indemnification claims against more than 150 mortgage loan sellers relating to Lehman’s multi-billion dollar settlements of claims litigation with (i) Fannie Mae and Freddie Mac, and (ii) trustees for hundreds of RMBS trusts. In re Lehman Brothers Holdings Inc., et al., Case No. 08-13555 (SCC) (Bankr. S.D.N.Y.), Adversary Proceeding No. 16-01019 (SCC).
Represented Lehman Brothers Special Financing Inc. against a trust and trustee related to trustee’s improper and ineffective termination of a $25 million interest rate swap agreement.
- Represented Lehman Brothers Special Financing Inc. against a broad array of major financial institutions and entities, in their capacities as Trustees, Issuers and/or Noteholders, seeking to recover more than $3 billion in assets for Lehman Brothers.
Represented Tusk Strategies, Inc. in putative class action regarding purported violations of the New York state law equivalent of the Telephone Consumer Protection Act. Bank v. Uber Technologies, Inc. et al., No. 1:16-cv-5845 (CBA)(VMS)(E.D.N.Y.).
Represented Tusk Strategies, Inc. in a defamation case in connection with a proxy fight for Tegna, Inc. Standard General L.P. et al. v. Tusk Strategies, Inc. et al., 652407/2020 (Sup. Ct. 2020).
- Represented ORIX in disputes in connection with its $90 million commitment in a private equity fund investing in structured life insurance products.
- Represented Centre Insurance Co. in an action pending in Texas State Court, Houston; after obtaining permission to file mandamus and submitting the mandamus briefing application to the appellate court, the trial court reversed its prior ruling and compelled arbitration in New York.
- Represented major insurer in a successful three-day arbitration with its managing general underwriter regarding millions of dollars of disputed commissions.
- Represented numerous top fashion models and agents in employment related disputes.
- Represented numerous executives in drafting and negotiating employment contracts, severance and release agreements.
- Represented the board of directors of a public company in a lawsuit alleging mismanagement, diversion of assets and breach of fiduciary duty.
- Represented a high-tech Swiss manufacturer in a successful four-day trial opposing preliminary injunction in federal court seeking to enjoin the Swiss manufacturer from selling its products in the United States.
- Represented a family in successful FINRA arbitration claims and subsequent confirmation and appeal affirming a $3.5 million arbitration award against a securities broker.
- Represented hedge funds in lawsuits by investors alleging fraud and misrepresentation by the funds and the fund manager regarding investments in certain debt securities that declined in value during recent credit crisis, allegedly preventing the investors from redeeming their shares in the funds in a timely manner.
- Represented nonparty H5, a leading provider of ediscovery, technology-assisted review and case preparation services, in connection with litigation concerning environmental pollution in Ecuador, Chevron Corporation v. Donziger, et al., 11 Civ. 0691 (S.D.N.Y.) (LAK), and multiple related third party subpoenas and applications to conduct discovery of the company, the CEO, and the general counsel pursuant to 28 U.S.C. § 1782.
- Represented manufacturer of component parts of a crane in multiple litigations by numerous parties alleging product defect in connection with high profile crane collapse in Long Island City, Queens, New York.
- Represented numerous manufacturers in defense of products liability actions.
Awards and Recognition
Named as a “Super Lawyer” in Business Litigation in the New York Super Lawyers for 2019-2022.*
Adam was previously recognized as a “Rising Star” in the area of business litigation in the New York Super Lawyer® from 2011 to 2017, a designation limited to 2.5% of the lawyers in New York.
*Information regarding the selection process undertaken by Super Lawyers can be found here.