Adam G. Pence

Senior Counsel

Overview

Adam Pence is a senior counsel and litigation attorney with Foley & Lardner LLP. His practice spans a range of complex commercial and civil litigation, including general business disputes, employment related litigation, and intellectual property matters (in particular, copyright, trademark, and trade secret cases). Mr. Pence also has extensive experience with animal law and political asylum law. He is a member of the following firm practices, among others: Business Litigation & Dispute Resolution; Labor & Employment; Government Enforcement Defense & Investigations; and Trademark, Copyright & Advertising.

Representative Experience

  • Represented companies in disputes with former employees, including CEOs and other executives
  • Represented former employers seeking expedited enforcement of non-compete and non-solicitation agreements through temporary restraining orders and preliminary injunctions
  • Represented broker dealer in Dodd-Frank whistleblower action
  • Represented client seeking to rescind corporate acquisition made pursuant to material misrepresentations in Purchase Agreement
  • Represented client seeking to enforce repurchase of defective loans in mortgage-backed security trust
  • Represented prominent national law firm in legal malpractice actions
  • Represented clients in various lawsuits to enforce trademark rights
  • Represented casino game designers and website developers in lawsuits involving patent and trade secret disputes
  • Represented clients in myriad disputes involving issues such as cyber hacking, fraudulent conveyances, defamation, and even residential and commercial noise violations in New York

Recognition

In 2014 – 2017, Mr. Pence was selected for inclusion in the New York Super Lawyers - Rising Stars® lists.

In 2013, Mr. Pence was honored for his pro bono work on behalf of Animal Care Centers of NYC, one of the largest non-profit animal welfare organizations in the country, which operates shelters in the five boroughs of New York City and often assists authorities in investigating and responding to animal cruelty.

Education

Mr. Pence received his law degree from the Indiana University School of Law – Bloomington (J.D., summa cum laude, 2009), where he was elected to the Order of the Coif and served as managing editor of the Indiana Law Journal. He earned his bachelor’s degree, with high honors, from the University of Michigan (B.A., English and Political Science, 2000) and his master’s degree from Indiana University (M.A., English, 2004).

Admissions

Mr. Pence is admitted to the New York State Bar; the Second Circuit Court of Appeals; and the U.S. District Court, Southern and Eastern Districts of New York.

Selected Publications and Presentations

  • Author, “Insider Trading on Political Intelligence – Who’s the Next Target?” The Hill (January 19, 2016)

Representative Matters

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Sherman Financial is in the business of acquiring distressed debt, often in the consumer area. Sherman acquired a portfolio of unpaid and charged-off tax refund anticipation loans from an affiliate of HSBC Bank. The principal means of collecting the underlying loans was through “cross collection agreements” that HSBC had in place with various other financial institutions that originated or collected tax refund anticipation loans. Sherman conducted extensive due diligence on the cross collection agreements as a material aspect of its decision to purchase the loan portfolio. The agreements, however, were not assigned to Sherman. Shortly after the sale closed, HSBC unilaterally decided to end all cross collection activity and no longer enforced the agreements. As a result, Sherman’s anticipated collections were not received and Sherman lost millions on the transaction. Sherman filed suit for breach of contract in New York state court (Judge Oing). HSBC moved to dismiss the claim for failure to state a claim. Sherman opposed the motion (which I argued) and Sherman prevailed. The case will likely be tried in mid-2016. The case involves the complex analytics involved in the secondary markets for consumer debt, particularly distressed debt and will involve complex issues of causation and damages as Sherman must prove the extent to which it was damaged by the cessation of the cross-collection agreements.
Foley represented a British citizen in connection to an indicted insider trading case in the EDNY. Foley resulted in probationary sentence and a return of the client to Great Britain the day of the sentencing.