Adam Witkov Photo

Adam E. Witkov

Partner

Overview

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.  

Experience

Record-setting bank judgment

Adam obtained one of the largest state court judgments of 2014 in southeast Wisconsin for a national bank in a hotly contested case regarding a breach of commercial note and guaranty.  He implemented an aggressive litigation strategy in Milwaukee County, Wisconsin state court and obtained an expedited summary judgment order without the expense and delay of discovery. 

At the same time, Adam defended and ultimately defeated the guarantor’s parallel litigation in Texas state court by utilizing a nuanced procedural mechanism to remove the case to federal court based on an erroneous state court ruling that the federal court subsequently reversed based on Adam’s arguments. His successful litigation strategy resulted in an extremely favorable global settlement for his client, which surpassed their expectations.

Broad-based and strategic representation of financial institutions

In recent years, Adam:

  • Served as lead litigation counsel for national bank in related lawsuits concerning worthless stock
  • Successfully collected on special assets loan portfolio for national bank
  • 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 an SEC enforcement investigation
  • Represented an accounting firm related to a PCAOB investigation
  • Obtained summary judgment on borrower’s counterclaims against a national bank 

Strategic breach of warranty defense

By performing an early case assessment and targeted discovery, Adam was able to settle a claim against his advanced manufacturing client by a customer related to the firm’s integrated product. He settled the matter for only 20 percent of the breach of warranty claim without a significant legal expenditure for his client.

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

  • 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," Wisconsin Super Lawyers, 2014-2017
  • 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)

Education

Admissions

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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