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Adam R. Prescott Adam R. Prescott

Adam R. Prescott


Associate

Meet Adam, a member of the business, restructuring and insolvency group, creative problem-solver and formidable litigator.

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…

With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing, retail, technology, startups, and banking, Adam helps businesses and individuals accomplish their goals by working closely with clients and their advisors to understand the specifics of each situation and provide creative solutions to even the most complex challenges. He brings a positive, pragmatic, and innovative approach that focuses on achieving successful, cost-effective outcomes for his clients. And, if an out-of-court solution is not feasible, Adam backs-up his problem-solving approach for clients with his broad experience as a formidable litigator in state and federal courts around the country, which includes several recent victories at both the motions and trial stages.

Bankruptcy, Restructuring and Insolvency

Adam’s bankruptcy, restructuring, and insolvency practice focuses on representing debtors, lenders, trade creditors, and many others in business disputes, out-of-court workouts, preference litigation and other avoidance actions, collection proceedings, and bankruptcy cases. His bankruptcy experience includes serving as court-approved debtor’s counsel in numerous chapter 11 cases, where he has advised debtors from the pre-filing preparation stage through successfully confirming plans of reorganizations.

Adam’s most recent bankruptcy and insolvency experience includes the following:

  • Serving as chapter 11 debtor’s counsel in the U.S. Bankruptcy Court for the District of Vermont for a Federally Qualified Health Center (FQHC) that operates more than a dozen healthcare facilities in Vermont and New Hampshire.
  • Serving as chapter 11 debtor’s counsel for a northern Maine small-business in the hospitality industry that recently confirmed a chapter 11 plan of reorganization in the U.S. Bankruptcy Court for the District of Maine.
  • Served as litigation counsel to a creditor in two-day trial at the U.S. Bankruptcy Court for the District of Massachusetts that resulted in a judgment significantly reducing client’s liability on avoidance actions brought by Chapter 7 Trustee.
  • Served as litigation counsel in achieving favorable trial judgment for a Maine small-business creditor-landlord regarding the termination of a commercial lease against the debtor-tenant.
  • Served as chapter 11 debtor’s counsel for a Maine startup manufacturing company that recently confirmed a chapter 11 plan of reorganization in the U.S. Bankruptcy Court for the District of Maine.

Litigation and E-Discovery

In addition to his workout and restructuring practice, Adam has handled all areas of litigation and trial in state courts, federal district and appellate courts, and bankruptcy courts. Adam has represented clients in litigation involving a broad array of business, commercial, and antitrust disputes, as well as litigating specific bankruptcy issues such as avoidance actions, relief from stay motions, fraudulent transfer lawsuits, and claim objections.

Where others see litigation as an insurmountable obstacle, Adam looks for new opportunities by developing innovative litigation strategies that maintain pressure on opponents while also implementing pragmatic and cost-effective solutions. Adam has achieved countless successes for his clients in litigation at all stages, ranging from successful motions to dismiss to significant victories at summary judgment to favorable trial verdicts. As part of bringing creative and effective litigation solutions to his client, Adam is at the forefront of electronic discovery technology and practices. As part of that commitment, Adam is a founding editor of Bernstein Shur’s monthly E-Discovery Field Guide, and in the Spring of 2019, Adam was an Adjunct Professor at the University of Maine Law School, where he taught a course on Litigation and E- Discovery Practice.

Antitrust and Competition

Unique to a Maine firm, Adam also has significant experience advising clients on antitrust and competition matters, including from his work practicing at Wilmer Hale in Washington, D.C. before joining Bernstein Shur. In addition to litigating Sherman Act claims and other antitrust issues, Adam’s antitrust practice also has 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.
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 Courts

State of Maine
Commonwealth of Massachusetts
District of Columbia

Federal District Courts

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. District Court for the District of Vermont

Courts of Appeal

U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit

Federal Bankruptcy Courts

U.S. Bankruptcy Court for the District of Maine
U.S. Bankruptcy Court for the District of Massachusetts
U.S. Bankruptcy Court for the District of Vermont

Memberships

American Bankruptcy Institute
American Bar Association
Maine Bar Association