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Adam R. Prescott Adam R. Prescott

Adam R. Prescott


Associate

Meet Adam, a member of the Business, Restructuring and Insolvency Practice Group, a successful litigator, and an e-discovery guru.

Adam R. Prescott

207 228-7145 direct
207 774-1200 main
207 774-1127 facsimile

100 Middle Street
PO Box 9729
Portland, ME 04104-5029

PRACTICES & INDUSTRIES SERVED Business Restructuring & Insolvency
PRESS & PUBLICATIONS

Adam focuses on…

Bankruptcy, Restructuring and Insolvency:

Adam’s practice focuses on representing debtors and creditors in business restructuring and insolvency matters. His experience includes chapter 11 reorganizations and asset sales and acquisitions, as well as other bankruptcy-related matters, including preference litigation, claim objections, cash collateral and adequate protection disputes, relief from stay litigation, and numerous other areas of bankruptcy law.

As part of his bankruptcy practice, Adam regularly appears in court to represent clients, and he also frequently drafts motions, objections, and other pleadings for clients, including in bankruptcy appeals before the U.S. District Court for the District of Maine and the First Circuit Court of Appeals.

Adam’s most recent experience at Bernstein Shur includes the following matters:

  • Represented multiple Maine business debtors in preparing for and filing chapter 11 bankruptcy petitions, and guided the debtors through the bankruptcy process, including successful first-day motions, claim objections, avoidance actions, and asset sales
  • Represented creditor in two-day trial at the U.S. Bankruptcy Court for the District of Massachusetts that resulted in final order significantly reducing creditor’s liability on Section 547 avoidance action brought by Chapter 7 Trustee due to successful ordinary course of business and new value defenses
  • Represented estate in obtaining judgment in its favor at trial on multi-million dollar claim dispute before the U.S. Bankruptcy Court for the District of Maine
  • Represented Maine landlord in expedited lease dispute trial against debtor-tenant of commercial facility and successfully obtained judgment from Bankruptcy Court that automatic stay did not apply to prevent eviction of tenant

Litigation and E-Discovery:

In addition to his core bankruptcy practice, Adam maintains a diverse litigation and appellate practice, which has included representing clients in federal courts in Maine, New Hampshire, Massachusetts, Michigan, New York, and California. Adam also has represented clients in matters before the Maine Business & Consumer Court.

Adam’s successful litigation practice includes recent trial victories for clients. Following a trial in the U.S. Bankruptcy Court for the District of Massachusetts, Adam achieved a significant victory in reducing his client’s liability on avoidance claims brought by a Chapter 7 Trustee. This trial win came within months of a successful motion for partial summary judgment. And, in an expedited trial in the U.S. Bankruptcy Court for the District of Maine, Adam recently obtained a favorable decision on behalf of a Maine landlord that the automatic stay did not apply to prevent the landlord’s eviction of the debtor-tenant.

As part of his litigation practice, Adam also focuses on advising clients about electronic discovery, or “E-discovery,” in matters of all sizes, from representing international companies in multi­million document productions to guiding small Maine businesses through discovery. Adam devotes his time to staying current on discovery rules, cases, and technology trends so he can help clients efficiently and effectively navigate the discovery process. And as part of that commitment, Adam is a founding editor of Bernstein Shur’s monthly E-Discovery Field Guide.

In Spring 2019, Adam served as an Adjunct Professor at the University of Maine Law School, where he taught a course on Litigation and E-Discovery Practice.

Antitrust and Competition:

Adam also brings to Bernstein Shur experience advising clients on antitrust and competition matters from his time practicing in the Antitrust and Competition Group at WilmerHale in Washington, D.C., where he represented businesses in complex federal and state antitrust matters around the country. In particular, Adam’s antitrust practice focused on representing clients in civil and criminal antitrust investigations brought by the Department of Justice and state attorneys general. Noteworthy matters included representing one of the country’s largest movie exhibitors in responding to an antitrust investigation into the company’s film booking practices brought by the DOJ and nearly a dozen state attorneys general, as well as related state and federal court litigation brought under conspiracy and monopolization theories. Adam also represented a major oil and gas company in responding to state and federal criminal antitrust probes regarding the company’s leasing practices.

Prior to joining Bernstein Shur, Adam was:

  • A senior associate at WilmerHale in Washington, D.C., where his practice focused on complex litigation and antitrust matters.
  • While in law school, Adam interned for the Honorable Jon D. Levy at the Maine Supreme Judicial Court.
  • A law clerk to the Honorable Rudolph Contreras at the United States District Court for the District of Columbia.

When Adam isn’t working, he is:

Enjoying time with family and trying to keep up while his daughter explores the Maine outdoors. As an avid sports fan, Adam also is enjoying the opportunity to play more soccer and watch more of his favorite New England sport teams after recently moving back to Maine from Washington, D.C.

Background

Education
JD, William & Mary School of Law, 2012, summa cum laude, Order of the Coif, Ranked First in Graduating Class
BS, Trinity College, 2009, Economics, with honors

Admitted to practice
State of Maine
Commonwealth of Massachusetts
District of Columbia
U.S District Court for the District of Maine
U.S. District Court for the District of Massachusetts
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Bankruptcy Court for the District of Maine

Memberships

American Bankruptcy Institute
American Bar Association
Maine Bar Association