Adam T. Humann

Securities and Shareholder Litigation

• China Mobile Games & Entertainment Group Securities Litigation (S.D.N.Y.). Represented Chinese issuer in securities fraud litigation involving allegations of bribery and related-party transaction. After motion to dismiss was granted, case resolved by favorable settlement.
• Wong v. Accretive Health, Inc., et al. (N.D. Ill.), Marvin H. Maurras Revocable Trust v. Bronfman, et al. (N.D. Ill.), and related cases. Represented health care consulting company and its officers and directors in securities fraud class actions and companion derivative suits regarding earnings restatement, HIPAA, EMTALA, and FDCPA. Won motion to dismiss primary derivative suit (other cases later resolved through global settlement) and obtained favorable settlement of securities fraud suits after filing motion to dismiss.
• Various matters for Atrium European Real Estate Limited (cases in numerous forums in Austria, Caymans, Israel, Jersey, the Netherlands, and UK, as well as ICC and Vienna International Arbitration Centre). Represented Atrium and its officers and directors in connection with securities-related claims involving Meinl Bank AG, including claims arising from securities issuances and marketing practices. After extensive litigation, negotiated disentanglement agreement that resolved fifteen litigations and arbitrations in six countries involving €3 billion in claims. Currently coordinating strategy for company’s defense in ongoing criminal and civil proceedings in various jurisdictions.
• NRG Energy, Inc. v. Exelon Corp, et al. (multi-forum). Represented NRG in connection with successful defense against a hostile tender offer launched by a competitor. Representation included defense of five suits in Delaware and New Jersey involving breach of fiduciary duty and related claims, and federal securities suit against the competitor in the S.D.N.Y.

Complex Commercial Litigation

• Athene Life and Annuity Co. v American General Life Insurance Co. et al. (Del. Ch.). Representing Athene and its affiliates in breach of contract action seeking declaratory judgment and other relief related to bespoke corporate-owned life insurance policies.
• In re Niaspan Antitrust Litigation (E.D. Pa.). Represented generic drug manufacturer in consolidated antitrust litigation involving “reverse-payment” settlement agreement between client and brand pharmaceutical drug manufacturer.
• In re North American Petroleum Corporation (D. Del. Bankruptcy). Represented debtor in various contested hearings, including expedited multi-day adversary proceeding. After trial on the merits, court ruled for client and recharacterized complex set of oil and gas production and water disposal facilities as a secured financing.
• Hermes Int’l v. Lederer de Paris Fifth Ave. (NY Sup.). Represented luxury goods client in action asserting claims for trademark infringement and dilution, unfair competition, defamation, and breach of previous settlement agreement. After uncovering widespread litigation misconduct, court granted motion to strike answer and counterclaims. With motion for default judgment and sanctions pending against defendant, case settled favorably for client.
• Represented one of the world’s largest marine container leasing companies in international arbitration against its joint-venture partner relating to breach of contract issue. After multi-week hearing on the merits, arbitrator ruled in client’s favor on all claims, including award of fees and costs.

866-OUR-VOTE. Managed national election protection call center for U.S. General Elections, 2006-present. 

Advocacy Center for the Elderly and Disabled et al. v. Louisiana Dep’t of Health and Hospitals et al. (E.D. La.). Represented Advocacy Center and an individual plaintiff in action asserting violations of Fourteenth Amendment rights where state agency had held pretrial detainees adjudged incompetent to stand trial in parish jails rather than ensuring treatment to restore competency. After evidentiary hearing, court granted—without discovery—motion for mandatory preliminary injunction; defendants later agreed to enter consent decree. 

Pratt et al. v. Indian River Central School District et al. (N.D.N.Y.). Represented plaintiff in action asserting violations of First and Fourteenth Amendments and Title IX arising out of sexist and antigay harassment and refusal to permit formation of gay-straight student alliance. After successfully opposing motion to dismiss/summary judgment, reached favorable settlement.