Michael Adamson

CONTRACT DISPUTES

• Confidential Arbitration. Obtained an award of hundreds of millions of dollars in connection with fraud and breach-of-contract claims. The arbitration proceeded from demand to hearing in just 60 days, during which Michael took and defended several depositions, coordinated expert reports and discovery, and examined several witnesses at the hearing, with emphasis on damages issues. In the tribunal’s award, the arbitrator fully adopted the client’s damages model, awarding 100 cents on the dollar.
• Chevron v. California Resources Corp. Served as counsel for American multinational energy corporation, Chevron, in a complex contractual dispute regarding oil production and gas balancing. Prior to arbitration, Michael helped achieve a business solution to the dispute on favorable terms for Chevron.

INSURANCE

• Advance Trust & Life Escrow Servs, LTA et al. v. PHL Variable Ins. Co., (S.D.N.Y.) Represents plaintiffs who are asserting breach-of-contract claims stemming from PHL Variable Insurance Company’s unlawful cost of insurance rate increases imposed on plaintiffs’ universal life insurance policies. After fully briefing the motion for class certification and starting summary judgment briefing, the parties reached agreement on an eight-figure settlement for the class, pending court approval.
• Vida Longevity Fund, LP v. Lincoln Life & Annuity Co. of N.Y. (S.D.N.Y.) Represents a certified class of hundreds of policyholders in an action against Lincoln National’s New York affiliate, Lincoln Life & Annuity Co. of New York. The court has granted class certification.
• TVPX ARS Inc. v. Lincoln Nat’l Ins. Co. (E.D. Pa.) Represents a putative class of thousands of insurance policyholders who are asserting breach-of-contract claims against Lincoln National Insurance Company, which failed to reduce cost of insurance rates to reflect improvements in mortality rates, as the contracts require. Michael led efforts to write and file class-certification and Daubert motions, both of which are currently pending decision.
• Iwanski v. First Penn-Pacific Life Ins. Co. (E.D. Pa.) Serving as counsel to plaintiffs in this matter against Lincoln National’s affiliate First Penn-Pacific Life Insurance Co. Michael has led all aspects of discovery and all major briefings. The parties are awaiting the court’s decision on pending class-certification and Daubert motions.
• Angus v. Lincoln Nat’l Life Ins. Co. (E.D.P.A.) Briefed the opposition to Lincoln National’s motion to dismiss, which is pending decision, in this putative class action. The plaintiff is alleging breach of contract due to Lincoln’s failure to lower cost of insurance rates on universal life insurance policies despite substantial improvements in Lincoln’s mortality expectations.

INTELLECTUAL PROPERTY

• Positron v. KBRWyle (Cal. Super. Ct.) Defended construction company, KBR and its subsidiary Wyle Laboratories against trade secret claims. After developing legal defenses not asserted by prior counsel and trying the case to a jury verdict, the court struck nearly all plaintiff’s damages and the case settled for fractions of a penny on the dollar.
• Finjan v. Bitdefender (N.D. Cal.) Defended cybersecurity company, Bitdefender, in a patent infringement case. Michael argued claim construction, led all aspects of discovery, and took and defended key depositions in multiple countries. The case settled on favorable terms for Bitdefender.

PRO BONO

• D.C. et al. v. Fairfax County School Board et al. (E.D. Va.) Represents a proposed class of disabled students and their parents against the Virginia Department of Education and Fairfax County School Board for systemic constitutional violations, as well as violations of the Individuals with Disabilities Education Act. Read more.