ProfessionalsAdam J. Bernstein
A counsel in the Litigation Department, Adam has handled major litigations in federal and state courts in a wide variety of substantive areas, including M&A, commercial, antitrust, real estate and trusts and estates disputes. He has also represented clients in internal and regulatory investigations and in mediations. Adam has advised leading companies and individuals in the pharmaceuticals, financial services, media, insurance and real estate industries.
Adam’s recent representations include:
- Kohlberg & Co. in a breach of contract dispute with Snow Phipps Group regarding its proposed acquisition of baking good manufacturer DecoPac Inc. in which Kohlberg is currently asserting that the merger should be terminated because of a “material adverse change” to DecoPac’s business in light of the Covid-19 pandemic, among other grounds;
- Alere Inc., a medical device and point-of-care testing company, in a closely watched multi-billion dollar M&A litigation with Abbott Laboratories in which Paul, Weiss achieved a favorable settlement whereby Abbott agreed to close the acquisition;
- Massage Envy Franchising LLC, the largest U.S. franchisor of massage service businesses, in the defense of multi-plaintiff lawsuits brought on behalf of customers in California, New Jersey and Florida state courts, alleging improper behavior by massage therapists employed by franchisees;
- several major quick-service restaurant and other franchisors in the successful settlement of multiple antitrust investigations brought by the Washington State Attorney General regarding the franchisors’ use of employee non-solicitation and no-hire provisions, and in related antitrust class actions;
- Barbara Slifka and various entities associated with a valuable commercial property located at 477 Madison Avenue in securing the dismissal, affirmed on appeal, of the lawsuit alleging breach of contract and breach of fiduciary duty. The lawsuit, brought by trustees of trusts for two of Ms. Slifka’s nephews, challenged her authority to act as the managing partner of the partnership that owns the fees to the property and her plans to sell the property;
- The LeFrak Organization, a major real estate developer, in:
- the defense of a putative class action on behalf of tenants at a large housing development alleging uninhabitability;
- a contract dispute with a U.S. multinational hospitality company;
- a high-stakes litigation in federal court relating to the leak of dielectric fluid; and
- litigation relating to two condominium complexes.
- PharMerica, a major U.S. institutional pharmacy services company, in a $100 million breach-of-contract dispute in Kentucky state court; and
- a private equity firm in a potential M&A litigation.
Adam maintains a significant pro bono practice, and in 2014 was recognized for outstanding pro bono service by the Legal Aid Society.
Adam served as managing editor of the Columbia Journal of Law and Social Problems, and was a James Kent Scholar and a Harlan Fiske Stone Scholar.