Adam Magid is a special counsel in Cadwalader’s Global Litigation Group. Adam has extensive experience handling high-risk and complex commercial disputes for both plaintiffs and defendants in state and federal courts around the country. His diverse trial and appellate practice focuses on federal securities law, breach of fiduciary duty, corporate governance, and appraisal actions, litigation arising from corporate control disputes and proxy contests, derivative claims, business and contract disputes, and disputes involving shareholders, partnerships, and limited liability companies. Adam has represented financial institutions, hedge funds, corporations, directors, executives, and high-net-worth individuals in a wide range of complex litigation matters, including securities, M&A, antitrust, bankruptcy, contract, class action, shareholder derivative, and RICO litigations, as well as internal investigations. Adam also has represented business entities and individuals in general commercial litigation matters.
Adam also has extensive regulatory experience, including representing clients in investigations conducted by the Department of Justice, Securities and Exchange Commission, FINRA, the U.S. Senate Permanent Subcommittee on Investigations, and U.S. Attorney’s Offices in multiple jurisdictions. Adam has represented clients in connection with multiple insider trading investigations conducted by various federal authorities.
Adam is active in pro bono, including representation before the EOIR Immigration Court and Board of Immigration Appeals. Adam received the 2018 Pro Bono Publico Award for outstanding service to The Legal Aid Society and its clients.
Adam writes regularly on developments in federal securities litigation and class actions, and he has co-authored articles on M&A litigation and pre-suit demands for Thomson Reuters’ Practical Law The Journal. Adam also has published articles in the Stanford Law and Policy Review and Indiana Law Journal Supplement.
Prior to joining Cadwalader, Adam was an associate at Sullivan & Cromwell LLP in that firm’s litigation department. Adam received a B.A. in Political Science and Economics from Stanford University and his J.D. from Stanford Law School, where he was Notes Editor of the Stanford Law Review.
- Represented Ashford Hospitality Trust, Inc. in litigation that resulted in the withdrawal by Cygnus Capital, Inc. of all of its director nominations for election at Ashford Trust’s 2021 Annual Meeting of Stockholders.
- Represented investment firm in action to enjoin defensive maneuvers adopted by incumbent board of directors in response to firm’s efforts to nominate director candidates who would comprise a majority of the board if elected.
- Represented a market-disrupting technology company in nationwide competition-related litigation against incumbent oligopolists.
- Represented investment firm in action in Delaware Court of Chancery challenging board of directors’ adoption of change-of-control acceleration clauses in compensation agreements and credit agreement.
- Defended independent directors of publicly traded corporation against shareholder derivative claims based on board’s adoption of agreement with allegedly onerous terms, resulting in dismissal of all claims.
- Represented individual challenging reorganization of publicly traded corporation that allegedly would have impaired the value of the individual’s preferred stock.
- Represented members of Delaware LLC in breach of fiduciary duty action against LLC manager, including through appeal in the Appellate Division of the Supreme Court of New York, First Department, and the Court of Appeals of New York.
- Represented member of Delaware LLC in action to enforce books and records inspection demand through trial in the Delaware Court of Chancery.
- Defended directors of publicly traded corporation against derivative claims in the Delaware Court of Chancery alleging flawed merger process.
- Defended manufacturer of polyurethane foam in two multi-district antitrust class actions and related opt-out suits alleging a price-fixing conspiracy in violation of the Sherman Act.
- Defended telecommunications company against tort claims in bankruptcy proceedings through trial in the U.S. Bankruptcy Court for the Southern District of New York, achieving dismissal of all claims against client.
- Defended garnishee bank against motion seeking $2.7 billion in sanctions based on alleged failure to disclose $25,000 in blocked electronic funds transfers in response to writ of attachment; motion denied and decision affirmed on appeal by the D.C. Circuit.
- Represented major financial institution in obtaining award of restitution for $6.2 million in legal fees and costs incurred in connection with insider trading investigation and prosecution of former director.
*Several of the above representations were handled by Adam before he joined Cadwalader.