Adam E. Witkov

Broad-based & 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
• Represented a financial institution related to issues concerning PPP loans

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:

• Obtained a permanent injunction on behalf of a group of property owners in Door County, Wisconsin enforcing restrictive covenants and requiring remedial actions by the violating property owner
• 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

Prevailing in Complex Civil Cases  

Recently, Adam has:

• Obtained summary judgment on behalf of defendant corporations in the Eastern District of Wisconsin, defeating claims under the Lanham Act, the Wisconsin Deceptive Trade Practices Act, and claims for breach of contract, breach of the duty of good faith and fair dealing, tortious interference with contract, and contractual indemnification.    
• Obtained dismissal with prejudice on behalf of corporate officer and director in breach of fiduciary duty lawsuit filed by a corporate shareholder in Waukesha County, Wisconsin.
• Obtained summary judgment and a permanent injunction on behalf of property owners in Door County, Wisconsin enforcing restrictive covenants.
• Obtained favorable published decision in Nordstrom v. Kane, 2021 WI App 71, 399 Wis. 2d 522, 966 N.W.2d 91 on behalf of property owners in Door County, Wisconsin affirming summary judgment enforcing restrictive covenants and permanent injunctive relief
• Obtained favorable decision and order in Wisconsin circuit court probate division barring an individual from attempting to establish paternity and inherit a six-figure sum from a decedent on the grounds of claim preclusion