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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 skilled 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, asset sales and acquisitions, and bankruptcy-related litigation, including preference litigation, claim objections, cash collateral and adequate protection disputes, relief from the automatic stay, and numerous other areas of bankruptcy law.  As part of his bankruptcy practice, Adam regularly appears in court and files motions and briefs on behalf of clients, and he has also represented clients 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 two Maine business debtors in preparing for and filing chapter 11 bankruptcy petitions and guiding the debtors through the bankruptcy process
  • Represented affiliated individual and business debtors in Maine bankruptcy filings, including arguing successful first-day motions
  • Represented creditor in preference litigation in the U.S. Bankruptcy Court for the District of Massachusetts, including through fact discovery, expert discovery, and in obtaining grant of partial summary judgment from court
  • Represented post-confirmation estate in obtaining judgment in its favor following a multi-million dollar trial before the U.S. Bankruptcy Court for the District of Maine
  • Represented Maine debtor in multiple preference lawsuits in the U.S. Bankruptcy Court for the District of Maine, including obtaining favorable settlements in several cases
  • Represented creditor in successfully obtaining relief from the automatic stay in the U.S. Bankruptcy Court for the District of New Hampshire

Litigation and E-Discovery:

In addition to his 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 before the Maine Business & Consumer Court, including recently representing members of a limited liability company in defending against a breach of fiduciary duty lawsuit and helping a Maine business pursue breach of contract claims.

Adam also focuses his litigation practice on advising clients about electronic discovery, or “e-discovery,” in matters of all sizes, from representing international companies in multi-million 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 E-Discovery Field Guide, which provides practical guidance to litigants and attorneys on a variety of current e-discovery topics.

Antitrust and Competition:

Adam also brings to Bernstein Shur his unique experience advising clients on antitrust and competition matters. Adam has represented businesses in complex federal and state antitrust litigation around the country, and he has helped clients obtain antitrust regulatory clearance for transactions, including advising on pre-merger filing requirements under the HSR Act. In addition, Adam has represented clients in responding to civil and criminal antitrust investigations brought by federal and state agencies, and he has conducted antitrust compliance training and advised clients on competitive aspects of their business practices, including pricing policies.

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