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Adam E. Witkov



Adam is a relentless advocate for his clients in the areas of complex commercial and financial services litigation. Clients value Adam’s judgment, creative solutions, and results-driven approach to resolving their most pressing business needs.    

Adam counsels and represents financial institutions in complex litigation throughout the country, including defending lender liability claims, prosecuting breach of contract and breach of guaranty claims, and representing financial institutions with respect to claims under the Wisconsin Consumer Act, the Fair Credit Reporting Act, and the Uniform Fraudulent Transfer Act.

Adam also helps businesses resolve a wide array of disputes, including with suppliers, distributors, customers, contractors, and business partners. Adam has successfully litigated, mediated, arbitrated, and settled matters concerning breach of contract, breach of warranty, negligence, misappropriation of trade secrets, breach of fiduciary duty, tortious interference with business expectancy, false advertising, and misrepresentation. 


Adam was named a 2015 “Up and Coming Lawyer” by Wisconsin Law Journal, an honor awarded to only 30 Wisconsin lawyers annually. He is also extensively involved in Milwaukee’s nonprofit community, serving as a member of the board of directors of Jewish Family Services of Milwaukee and Operation DREAM, Inc., and as a Trustee of the Jewish Community Foundation of the Milwaukee Jewish Federation.  


Broad-based and strategic representation of financial institutions

Adam regularly advises and represents financial institutions on a wide array of litigation related matters.

In recent years, Adam:

  • Defended a financial institution in a multimillion dollar lender liability lawsuit
  • Represented a financial institution concerning a defaulted agricultural borrower and related liquidation and receivership
  • Represented a financial institution related to forbearance agreements, workouts, and out-of-court resolutions
  • Represented a large credit union regarding a multimillion dollar investment fraud and federal receivership
  • Represented a financial institution related to an SEC enforcement investigation
  • Represented a national bank in a dispute involving the FDIC receiver and a bank holding company over ownership of substantial tax refunds
  • Represented a financial institution related to a grand jury subpoena
  • Obtained one of the largest state court judgments in southeast Wisconsin for a national bank in a hotly contested case regarding a breach of commercial note and guaranty

Winning on both sides of injunctive relief

Adam has extensive experience obtaining and defeating motions for temporary restraining orders, preliminary injunctions, and the emergency appointment of receivers.

In the past few years, Adam has:

  • Defeated a motion for preliminary injunction in the United States District Court for the Western District of Texas on behalf of an inventor and chemical company
  • Obtained a temporary restraining order in Waukesha County, Wisconsin Circuit Court on behalf of a medical device company
  • Obtained a favorable extension to a preliminary injunction in the United States District Court for the Eastern District of Wisconsin without the need to post a bond and reached a favorable resolution after the preliminary injunction hearing that resulted in a permanent injunction
  • Obtained the emergency appointment of a receiver in Illinois state court on behalf of a national bank

Receiverships & Chapter 128 Proceedings

Adam regularly represents creditors in receivership and Chapter 128 proceedings.

In the past few years, Adam has:

  • Represented secured and unsecured creditors in Chapter 128 proceedings in circuit courts throughout Wisconsin
  • Represented secured and unsecured creditors in Federal Court receivership proceedings
  • Represented creditors in receivership sales including sales of businesses, auctions, and other liquidation proceedings
  • Represented creditors on oversight committees

Successful prosecution and defense of insurance claims

  • Successfully represented Fortune 1000 company in coverage dispute with insurance company related to insurer’s obligation to reimburse legal expenses paid in defending lawsuits
  • Obtained summary judgment on behalf of a title insurance company related to claim for breach of commitment.
  • Obtained favorable pre-litigation settlement against insurance company related to dispute over insurance award for fire damage to multi-unit property
  • Successfully resolved insurance dispute concerning breach of duty to defend and bad faith

Honors & Recognitions

  • The Best Lawyers in America®, Commercial Litigation, 2021
  • Named a 2015 Up and Coming Lawyer by Wisconsin Law Journal, an honor awarded to only 30 Wisconsin lawyers that have been practicing for less than eight years
  • "Rising Stars," Business Litigation, Wisconsin Super Lawyers, 2014-2019
  • Recipient of 2015 Michael Best Litigation Practice Group Outstanding Community Service Award
  • Member, Phi Beta Kappa Honors Society

Professional Activities

  • Member, State Bar of Wisconsin
  • Member, American Bar Association
  • Member, Milwaukee Bar Association
  • Member, Eastern District of Wisconsin Bar Association
  • Member, Thomas Fairchild American Inns of Court (2012 - 2013)
  • Member, Turnaround Management Association (TMA)



Community Involvement

  • Trustee, Jewish Community Foundation
  • Board of Directors; Past President, Operation DREAM
  • Director; Past Vice Chair & Director, Jewish Family Services Milwaukee
  • Volunteer, Milwaukee Justice Center
  • Weinstein Fellow, Milwaukee Jewish Federation, 2013-2014
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