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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

The Cloakroom with Peter Roskam

The Cloakroom with Peter Roskam: 36th Annual Legislative Seminar – Congressman David Schweikert, R-AZ

The Cloakroom with Peter Roskam: 36th Annual Legislative Seminar – Congressman Ted Lieu, D-CA

Jonathan Forster Guests on “Future Focus” Podcast

U.S. Supreme Court Invalidates Certain “Narrative” Water Quality Limitations in NPDES Permits (<em>The Journal of Federal Agency Action</em>)

J.D., Cleveland State University College of Law, 2009, 

B.F.A., Bowling Green State University, 2003, 

<ul>
<li>Chambers USA: Bankruptcy/Restructuring in Ohio (2023 to 2025)
<ul>
<li>Band 3 (2024 to 2025), Band 4 (2023)</li>
</ul>
</li>
<li>The Legal 500 United States (2020)
<ul>
<li>Recommended in Restructuring (Including Bankruptcy): Corporate</li>
</ul>
</li>
<li>Acritas Star (2021)</li>
<li>Thomson Reuters Stand-out Lawyer (2022 to 2024)</li>
</ul>


Cleveland

Chambers USA Guide 2025 Recognizes 169 BakerHostetler Attorneys and 72 Practice Areas

Adam Fletcher Speaks at William J. O’Neill and Pat E. Morgenstern-Clarren Bankruptcy Institute

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Commercial Litigation

Restructuring and Bankruptcy

Business

Industries

Financial Services: Regulatory and Compliance

<ul>
<li>Represented the Federal Deposit Insurance Corp. (FDIC) in its corporate and receivership capacities in bankruptcies of several failed bank holding companies, including litigation regarding a large capital maintenance commitment under Section 365(o) of the Bankruptcy Code, disputes between the FDIC receiver and bank holding companies over ownership of substantial tax refunds, pursuit of specialized fraudulent transfer and preference claims under Title 12 of the United States Code, and defense of fraudulent transfer claims relating to capital contributions made to banks by their holding companies. Assisted with briefing, depositions, trial of complex financial litigation and bankruptcy appellate practice. In one case, the client obtained a settlement pursuant to which, among other things, it received the entire $170 million tax refund at issue. In another case, the client obtained a settlement pursuant to which it received $240 million of the $265 million tax refund at issue.</li>
<li>Represented manufacturer of outdoor power equipment in the bankruptcy of its largest retail customer, including assisting with proactive pre-bankruptcy steps to reduce the client’s credit and preference exposure, termination of the client’s contracts with the customer in the lead up to the bankruptcy, negotiating sale of the client’s claims after the filing of the customer’s bankruptcy and defense of preference claims later asserted by the customer’s bankruptcy estate.</li>
<li>Represented national manufacturer of greeting card products in bankruptcies of a number of its retail customers, including one of its largest customers, assisting with pre-bankruptcy negotiations over alternatives to bankruptcy and obtaining security interests to better protect the client, assertion of claims in customers’ bankruptcy cases, negotiations over use of cash collateral, disputes over consignment proceeds, assumption of the client’s contracts with retail customers, a dispute over ownership of intellectual property licensed by the client to its customer and assisting the client to get appointed to the creditors’ committee and regarding matters related to its service on the committee.</li>
<li>Represented a number of large aerospace manufacturing clients in various airline, supplier and customer bankruptcies, including filing and negotiating the allowance of claims, handling issues related to the assumption and rejection of executory contracts and analyzing plans of reorganization.</li>
<li>Represented Korean textile manufacturer in the bankruptcy cases of several of its largest U.S. retail customers, including assisting the client to get appointed to the creditors’ committees and regarding matters related to its service on the committees, as well as issues related to pending and already shipped orders to the debtors and contract assumption and rejection issues and claims related to those orders.</li>
<li>Represented national provider of custodial services in defense of $53 million preference and fraudulent transfer claims asserted in the PROMESA bankruptcy proceeding of the Commonwealth of Puerto Rico, leveraging various defenses to obtain settlement at less than 2% of the asserted claim amount.</li>
<li>Represented multiple clients, including national retailer of pet products, regarding their responses to account-debtor demands from merchant cash advance lenders asserting rights to payment from funds allegedly owed by the clients to their vendors or customers.</li>
<li>Represented secured lender in litigation asserting claims against debtor’s former landlord for conversion and civil theft of lender’s equipment collateral and for replevin against purported purchaser of that equipment. Successfully obtained return of the equipment to the client and a monetary settlement from the landlord to reimburse the client for its legal fees incurred in the recovery efforts.</li>
<li>Represented unsecured creditors committee and subsequently appointed liquidating trustee in bankruptcy of owner of experimental biofuel manufacturing plant, including handling disputes over the debtor’s abandonment of substantial amounts of biomass feedstock, dispute with the Department of Energy regarding asserted priority claim in property purchased with grant funds, litigation with the debtor’s affiliates over subordination of intercompany claims pursuant to the debtor’s bankruptcy plan, and post-confirmation claims reconciliation, settlements and plan distributions. Assisted heavily with contested plan confirmation trial and multiple layers of post-confirmation bankruptcy appellate practice in United States district and circuit courts, successfully obtaining dismissal of appeal from plan confirmation as equitably moot. Unsecured creditors obtained recovery in excess of 62% despite initial estimate of minimal recovery to general unsecured creditors.</li>
<li>Represented post-confirmation liquidating trustee of bankrupt national car rental company, including with pursuit of preference claims against the U.S. Small Business Administration and facilitating lender based on the debtors’ repayment of a Payroll Protection Program loan on the eve of their bankruptcy filing, as well as with regard to administration of claims and resolution of dozens of claim objections in the case.</li>
<li>Represented the administrative creditors committee of a large bankrupt steel company in derivative litigation against former officers, including claims for breach of fiduciary duty and deepening insolvency. The case was settled, resulting in full recovery for the administrative creditors.</li>
<li>Represented the post-confirmation creditors’ trust of a reorganized public utility company in litigation with a large municipality in a subsequent new Chapter 11 bankruptcy of the debtor public utility company, including handling derivative standing issues and specialized issues relating to Chapter 22 bankruptcy. Assisted with briefing, hearings and bankruptcy appellate practice.</li>
<li>Represented owners of numerous hotels properties in disputes with their secured lenders, mechanics lien holders and franchisors. Leveraged defensive litigation to negotiate favorable settlements with national franchisor that avoided personal liability to owners on their guarantees, and settlement with secured lender that significantly reduced the total debt, enabling refinance that rescued two nationally branded hotels from receivership and potential foreclosure sale.</li>
<li>Involved in representing Irving H. Picard, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel.</li>
<li>Represented a Chapter 7 trustee regarding unwinding a complicated Ponzi scheme, including motion practice to enforce the automatic stay and negotiating settlements to resolve lien priority disputes and the division of proceeds with respect to real estate and receivables.</li>
<li>Assisted a nonprofit buyer in diligence of and bidding for assets of a bankrupt nursing home pursuant to Section 363 of the Bankruptcy Code.</li>
<li>Represented an individual business owner in the defense of state court litigation and out of court workouts relating to personally guaranteed business debts. Negotiated numerous settlements for the client, resolving pending litigation and avoiding the need for the client to file personal bankruptcy.</li>
<li>Represented the former owner of a hotel property in litigation with a bankrupt purchaser over ownership of funds escrowed to cover a pension withdrawal liability under the Employee Retirement Income Security Act.</li>
<li>Represented limited liability company formed by competitors in the horticultural space to develop and promote their commonly branded products in the bankruptcy of one of the LLC’s members, including negotiating settlement of asserted avoidance actions and other claims and recovery of the bankrupt member’s interest in the LLC.</li>
<li>Represented private equity fund and its affiliates that owned experimental facility for recycling of plastic waste into synthetic petroleum in litigation with entity that developed and licensed certain technology to the clients and managed the facility, including pursuing claims for breach of contract, foreclosure of security interests and seeking appointment of receiver.</li>
<li>Represented Fortune 500 casualty insurance company in negotiations over agreements to insure operations of nationwide ride-sharing company, assisting the client with structuring of security interests and other mechanisms to protect substantial insurance premiums, reinsurance premiums and other collateral in the event the insured or its captive reinsurer were later to file bankruptcy or other insolvency proceedings.</li>
<li>Represented an oil and gas producer and its affiliated midstream company in the bankruptcy of another oil and gas producer from which the client had purchased substantial amounts of real and personal property interests prior to the bankruptcy without receiving deeds for those interests, including through motion practice to block an attempted sale of those same interests by the bankruptcy trustee under Section 363 of the Bankruptcy Code and to compel the bankruptcy trustee to deliver the deeds for those interests pursuant to Sections 365(b) and (i) of the Bankruptcy Code. The client ultimately obtained the desired deeds from the bankruptcy trustee through a negotiated resolution.</li>
<li>Represented non-traditional lender to insolvent country club in forbearance negotiations to obtain additional security, and in subsequent litigation to foreclose mortgages and security interest, and seeking appointment of a receiver. The client ultimately obtained ownership of the country club out of receivership via credit bid.</li>
</ul>


Adam L. Fletcher

Adam L. Fletcher

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