Adam L. Hoeflich
Adam Hoeflich represents major U.S. and international companies in complex litigation in federal and state courts throughout the United States. He has been lead or national counsel in several high-profile multijurisdictional matters and has appeared before the Judicial Panel on Multidistrict Litigation on multiple occasions. Adam has worked with clients to develop and to implement resolution strategies in high-stakes matters covering a variety of subject areas. Adam's accomplishments have been recognized by several legal publications, including Chambers and Partners which called him "a force in multidistrict litigation," Benchmark Litigation which referred to him as a "litigation star," and LMG LIfe Sciences which stated that Adam "is thought of by peers as a 'a master courtroom strategist.'" Adam is a Lecturer in Law at the University of Chicago Law School, where he teaches courses on Legal Ethics, Aggregate Litigation, and Mass Torts and Complex Class Actions. After graduating first in his class from the University of Illinois College of Law, where he was Articles Editor of the Law Review, Adam clerked for Honorable Thomas J. Meskill on the United States Court of Appeals for the Second Circuit and Honorable Milton I. Shadur on the United States District Court for the Northern District of Illinois. Adam joined Bartlit Beck in 1994 and became a partner in 1997. Adam is on the boards of the Northwestern Memorial Foundation and the University of Illinois College of Law.
Lead counsel for DuPont in product liability litigation, including putative class actions, alleging damage caused by DuPont's Imprelis® herbicide. MDL in Eastern District of Pennsylvania.
Various Plaintiffs v. Citadel
Co-Lead counsel for Citadel in various purported securities class actions brought against exchanges, broker/dealers, and trading firms. Cases pending in Southern District of New York. Cases voluntarily dismissed.
Confidential Insurance Recovery Litigation
Representing a Fortune 100 company in confidential insurance recovery litigation in arbitrations seeking hundreds of millions of dollars in coverage under the "Bermuda Form."
LaPlant vs. Northwestern Mutual (W.D. WI.)
Lead counsel for Northwestern Mutual in litigation alleging breach of contract and breach of fiduciary duty arising out of the determination of dividends for certain annuities. Case was removed to federal court when plaintiffs' sought damages after winning declaratory judgment trial in state court, and the district court remanded to state court. Sought and obtained appellate review in the Seventh Circuit, and obtained reversal of district court remand order. Case pending in Eastern District of Wisconsin.
Lead counsel for DuPont in an MDL comprised of 23 alleged class actions brought on behalf of consumers who claimed to have purchased cookware coated with Teflon® and other non-stick coatings manufactured by DuPont. MDL in Southern District of Iowa. Class certification denied in all matters.
Petition for appeal rejected by the United States Court of Appeals for the Eighth Circuit. Cases voluntarily dismissed with prejudice.
Aspirin Combination Products Litigation
Lead counsel for Bayer in an MDL comprised of 11 alleged class actions relating to Bayer aspirin combination products. MDL in Eastern District of New York. Litigation settled.
YAZ®/Yasmin® Personal Injury Litigation
Lead counsel for Bayer in litigation alleging personal injuries caused by YAZ and Yasmin oral contraceptives. MDL in Southern District of Illinois.
Baycol Qui Tam
National counsel for Bayer in qui tam litigation brought by a former employee relating to Baycol. MDL in District of Minnesota.
Swidler v. Georgia-Pacific Gypsum LLC
Lead counsel for Georgia-Pacific in putative class action alleging that building products manufactured by Georgia-Pacific caused damage in consumers’ homes.
Represented Merck in MDL litigation relating to withdrawal of Vioxx®. One of four lawyers principally responsible for negotiating settlement of Vioxx® personal injury cases. MDL in Louisiana.
National counsel for Bayer in litigation resulting from withdrawal of Baycol®. Cases pending throughout country. MDL in District of Minnesota.
Represented Bayer in litigation brought by plaintiffs alleging that they suffered strokes after ingesting Alka Seltzer Plus® medicine containing PPA. Cases pending throughout the country. MDL in Washington.
National counsel for DuPont in antitrust and unfair trade practices class actions concerning DuPont’s marketing of the medicine Coumadin®. MDL in Delaware. Cases settled.
Bandag, Inc. v. Michelin
Represented Bandag in action against Michelin alleging that Michelin used illegal tactics to induce Bandag franchisees to breach agreements with Bandag. Counterclaim by Michelin for Antitrust and Lanham Act violations. Preliminary injunction sought by Michelin denied. Case settled during trial.
In Re Factor VIII or IX Concentrate Blood Products Liability Litigation
Represented Alpha in wrongful death and personal injury suits throughout the country claiming that hemophiliac plaintiffs contracted HIV virus through use of Alpha's blood clotting medicine. Represented Alpha in group trials to defense verdicts in Houston, Texas (2 plaintiffs) and St. Louis, Missouri (3 plaintiffs).
Confidential Real Estate Dispute
Lead counsel for an international hotel and resort company in a contractual dispute with a nationally known real estate developer relating to the developer's alleged breach of a purchase and sale agreement. Dispute resolved without litigation.
Co-lead counsel for Medline in arbitration alleging that seller of a business to Medline provided false financial statements. Case settled in Medline’s favor after arbitration notice served.
Confidential Pharmaceutical Mediation
Represented pharmaceutical company in matter claiming substantial damages stemming from alleged antitrust violations, breach of contract, tortious interference, and fraud involving the alleged monopolization of the active ingredient used to manufacture client's medicine. Case settled on favorable terms involving a supply agreement providing present and future payments to our client of at least $30 million.
Confidential Litigation Counseling
Advised multinational pharmaceutical company on a potential dispute concerning development and marketing rights with respect to a potential blockbuster drug. Litigation avoided.
Retired Andersen Partner Litigation
Represent Deloitte & Touche in purported class action brought by retired Arthur Andersen partners. Case dismissed. State court in Indianapolis, Indiana.
Confidential Real Estate Matter
Advised real estate investment group on potential dispute with its largest investor. Resolved amicably, with negotiated purchase of investor’s interests.
Breeding v. DuPont Pharmaceuticals Company
Defended DuPont in a products liability action based on alleged failure to warn physician and consumer concerning risk relating to blood thinning medicine. Case settled.
E-Victor v. Bio Technologies for Horticulture, Inc.
Represented Bio Technologies for Horticulture, Inc. in an international arbitration involving an alleged breach of a development and distribution agreement. Case settled during mediation.
Barr Laboratories, Inc. v. DuPont Merck Pharmaceutical Company
Defended DuPont in an antitrust case brought by generic drug manufacturer in New York Federal Court for alleged monopolization of the market for blood thinning medicine. Motion to dismiss based on First Amendment protection for petitioning activity granted in part. Case settled.
American Credit Indemnity Company v. R.H. Donnelley
Defended Dun & Bradstreet in a breach of contract dispute brought in Delaware Chancery Court arising out of tax sharing and stock purchase agreements. Case settled.
Circus Circus v. Mirage
Represented Circus Circus in breach of contract actions in New Jersey and Las Vegas concerning the proposed development of a hotel/casino complex in New Jersey. Cases settled.
Lockheed Martin Corp. v. Silicon Graphics, Inc.
Defended Silicon Graphics, a leading producer of computer graphics equipment, against claims of patent infringement relating to various methods for computer generation of video images in three-dimensional space. Case settled.
Nichols Aluminum v. Morton International
Represented Morton International (a subsidiary of Rohm and Haas) in a negligence action brought in Illinois State Court based on alleged negligence in the manufacture of coatings for aluminum coils. Motion to dismiss granted in Morton International’s favor.
Bourke et al. v. Dun & Bradstreet
Defended Dun & Bradstreet in a dispute brought by former executives claiming breach of contract based on terms of an incentive compensation program. Motion to Dismiss granted in Dun & Bradstreet’s favor. Affirmed by Seventh Circuit.
Represented Chiron in threatened patent dispute concerning polynucleotide probe assay. Suit never filed.
Acknowledgements, presentations, and publications
Selected speaking engagements include:
Perrin Conferences: Co-Chair, National Complex Litigation Conference (June 2014, 2012)
University of Chicago Legal Forum, Frontiers of Consumer Protection, Product Recalls (November 2012)
National Foundation for Judicial Excellence: Admissibility of Expert Evidence at Class Certification (July 2012).
University of Illinois College of Law Chicago Program: The Legal Profession (June 2012)
Conference Board Council of Legal Officers: Council of Chief Legal Officers, Alternative Fee Arrangements (October 2010)
American Bar Association: Mediation with the Masters (June 2010)
American Bar Association, Tort, Trial & Insurance Practice Section: Recent Developments & Ethical Issues in Class Actions (April 2010)
American Bar Association: Corporate Counsel CLE (February 2010)
Dupont Legal Model Outside Counsel Annual Meeting: Topics ranging from best practices in early case assesment and class action defense to alternative fee arrangements (Multiple Occasions)
The Taxation of Athletic Scholarships, 1991 U. Ill. L. Rev. 581
Recent Decision, Burnham v. Superior Court, 1991 Ill. Bar. J. 518
- Chambers USA
- The National Law Journal
- LaPlant v. Northwestern Mutual (2012)
- In re Teflon Products Liability Litigation (2009)
- Alpha Therapeutic Blood Factor Concentrate Litigation (1999)
- Howray v. Gulf Coast Regional Blood Center (1997)