Adam L. Hoeflich
Adam Hoeflich has a national reputation as a courtroom lawyer and strategic advisor to public and private companies and prominent individuals facing complex challenges both within and outside of the litigation process. In the courtroom, Adam has been lead counsel in high-profile individual cases and in multijurisdiction litigation, with the unifying factor among diverse subject matters being the significance and complexity of the issues. Outside the courtroom, Adam has advised corporations, executives, and individuals on their most important matters, ranging from personal disputes affecting families and privately held companies to complex commercial issues that domestic and international companies or individuals sought to resolve without publicity and/or litigation.
Adam's accomplishments have been broadly recognized. Chambers and Partners noted his "expertise handling sophisticated litigation matters across diverse areas such as securities, insurance and product liability," referred to him as a "force in multidistrict litigation," and quoted sources calling him a "phenomenal strategist." Benchmark Litigation has listed him as a national "litigation star." And LMG Life Sciences has stated that Adam "is thought of by peers as 'a master courtroom strategist.'"
Adam's practice benefits from his deep understanding of complex litigation and legal ethics. Adam is a Professor of Practice at Northwestern Pritzker School of Law and previously was a Lecturer in Law at the University of Chicago Law School. Adam is an elected member of the American Law Institute (ALI).
Active in the civic community, Adam is Chair of the Civic Federation Board of Trustees, a Trustee of Northwestern University, a member of the Northwestern Memorial Hospital Quality Committee, and a member of both the Commercial Club and the Economic Club.
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.
National counsel for DuPont on fraudulent transfer allegations in Aqueous Film-Forming Foams Products Liability Litigation MDL and in other state PFOA cases. MDL in South Carolina; state cases in New Hampshire, N.J., Ohio, and Vermont.
Iowa Public Employees Retirement System, et al. v. Bank of America, et al.
Advising prominent investment firm on its rights as an absent class member in a class action relating to alleged anticompetitive conduct in the stock lending business. Pending in Southern District of New York.
Trinity ET Plus Litigation
National counsel in individual and class action litigation in federal and state courts challenging the safety of Trinity's ET Plus guardrail system. Lead trial counsel in selected matters alleging serious personal injuries or wrongful death. Lead counsel in Southern District of Illinois class action dismissed with prejudice during class certification briefing. Litigation pending.
Lead counsel for prominent financial firm in litigation alleging manipulation of the markets and futures tied to the CBOE volatility index. MDL pending in Northern District of Illinois. Client dismissed from master complaint.
Lead counsel for prominent venture capital firm in fraud, rescission, and unjust enrichment litigation in New York and Delaware relating to Outcome Health. Successful settlement that included a restructuring.
Represented whistleblower investment firm in CFTC action accusing a trading firm and its founder of market manipulation known as spoofing. Northern District of Illinois. Case settled between CFTC and trading firm.
Confidential Financial Firm Matters
Represented financial firms and their senior executives in a variety of confidential domestic and international regulatory, employment, and other confidential disputes.
Co-lead counsel in divorce and related proceedings challenging the validity of a premarital agreement entered into prior to marriage by a multi-billionaire and his spouse. Matter settled during court-initiated negotiations at the start of trial. Separately, represented a billionaire entrepreneur in settlement negotiations leading to the private resolution of the amount owed under a premarital agreement.
Lead counsel for DuPont in product liability litigation, including putative class actions, alleging damage to more than 35,000 properties caused by DuPont's Imprelis® herbicide. MDL in Eastern District of Pennsylvania. Litigation settled.
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 dismissed against Citadel.
Confidential Insurance Recovery Litigation
Co-lead counsel for a leading United States company in confidential insurance recovery litigation in arbitrations seeking hundreds of millions of dollars in coverage under the "Bermuda Form." Recoveries achieved exceeding $500 million.
LaPlant vs. Northwestern Mutual (W.D. WI.)
Lead counsel for Northwestern Mutual in purported class actions alleging breach of contract and breach of fiduciary duty arising out of the determination of dividends for certain annuities. Entered case after plaintiffs' sought damages after winning declaratory judgment trial in state court with a different firm representing Northwestern Mutual. Case was removed and the federal district court remanded to state court. Entered appearance for Northwestern Mutual and obtained appellate review in the Seventh Circuit, and successfully argued (against David Boies) for reversal of district court remand order, keeping the case in Federal Court. Case subsequently settled.
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. Plaintiffs' petition for appeal rejected by the United States Court of Appeals for the Eighth Circuit. All cases 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. Case dismissed.
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 throughout the country. MDL in Washington. Bartlit Beck achieved a defense verdict in each case it tried.
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. Trial and strategic counsel for Alpha, co-trying cases 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:
Northwestern Pritzker School of Law Complex Litigation Conference; Co-Chair (2016-2019)
ABA Business Law Section Annual Meeting, Litigation Financing and Alternative Fee Agreements (September 2017)
Perrin Conferences: Co-Chair, National Complex Litigation Conference (June 2012, June 2014)
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 assessment and class action defense to alternative fee arrangements (Multiple Occasions)
Navigating Rule 5.6’s Settlement Restrictions, Attorneys' Liability Assurance Society Loss Prevention Journal, VOLUME XXVII, Number 3 Fall 2016.
Crime-Fraud Challenges to the Attorney-Client Privilege and Work Product Doctrine: Why Lawyers Should Care, Attorneys' Liability Assurance Society Loss Prevention Journal, Volume XXVII, Number 1 Winter 2016
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)