Practice
Adam Hakki is a partner in the firm’s Litigation Group. He has extensive experience representing clients in complex securities class action and shareholder litigation, as well as in civil and criminal investigations and cases brought by the Department of Justice, Securities and Exchange Commission, Commodities Futures Trading Commission, and state attorneys general, concerning disclosure, securities and insider trading, derivatives, commodities, financial products, financial reporting, accounting, ERISA, conflicts of interest, and major corporate transactions. He has led the representation of major financial institutions and hedge funds in many of the most significant litigations and government investigations and prosecutions affecting the financial community in the last several years.

Adam has been recognized for many years as a national leader in his field by leading client publications, including Chambers USA, The Legal 500, PLC Which Lawyer?, the Benchmark Guide, and the LawDragon 3000. He has been described in these publications by clients and peers as: the “complete package,” “amazingly bright, with excellent strategic judgment,” having “the rare balance of being incredibly smart and effectively confident,” “among the best partners under 40 in America,” “quick, well prepared and responsive,” a “superb writer, savvy and great in meetings,” able to “persuade on his feet,” “having a vast and loyal cadre of investment banks, hedge funds and mutual funds” as clients, and “an absolute pleasure to work with.” Adam was selected by Law360 as one of five “rising stars” in the United States in the area of securities litigation.

Adam has significant jury trial and appellate experience, frequently appears in trial, bankruptcy, and appellate courts throughout the United States, frequently has appeared in Delaware Chancery Court on major corporate matters, and regularly advises corporate and fund boards on crisis management, corporate governance, litigation prevention and dispute resolution, compliance, insurance, and disclosure matters.

• Lead counsel to Countrywide Financial Corporation in institutional RMBS purchaser actions in state and federal courts across the United States, including litigations in nine different states filed against Countrywide Financial and related entities by institutional plaintiffs such as federal home loan banks, mutual and hedge funds, insurance companies, and regional banks.
• Lead counsel to Galleon Management in all criminal, S.E.C., fund wind-down, and governance matters arising from alleged insider trading at Galleon.
• Lead counsel to Merrill Lynch in all class action and shareholder litigation arising from its merger with Bank of America.
• Lead counsel to Amaranth International in all regulatory and class action litigation and governance matters arising from alleged energy market manipulation and the winding down of the fund.
• Representing Merrill Lynch in all class action and other litigation arising from Enron’s collapse, including the historic rejection of “scheme liability” by the Fifth Circuit and U.S. Supreme Court.
• Lead counsel to collateral manager in an S.E.C. investigation concerning CDOs.
• Lead counsel to major financial institution in a Department of Justice and joint SEC/CFTC investigation into certain market practices related to interest rates.
• Lead counsel major investment managers in alleged “pay-for-play” criminal and civil investigations related to state pension funds by the Department of Justice, S.E.C., and New York Attorney General.
• Lead counsel Bank of America in the Amylin Pharmaceutical class action litigation challenging change of control provisions in debt instruments (so called “poison puts”).
• Lead counsel to underwriters, including clients such as Bank of America, Citigroup, Merrill Lynch, Credit Suisse, and dozens of others in separate securities class actions arising out of recent stock offerings of companies such as MF Global, GMX Resources, ING Groep, China Sunergy, Fifth Third Bank, Focus Media, EnergySolutions, Duoyuan Global Water and Rediff.com.
• Lead counsel to investment manager in all criminal and governance matters related to highly-publicized federal bank fraud charges against a major campaign fund-raiser.
• Lead counsel to defendants in all ERISA class action litigation filed by participants in Merrill Lynch’s retirement plans arising from the company’s stock price declines during the credit crisis.
• Lead counsel to a major hedge fund in investigations of short selling practices by the Department of Justice, S.E.C., and New York Attorney General.
• Representing Credit Suisse in all class action litigation arising from its strategic investment in the Philadelphia Stock Exchange.
• Lead counsel to a major hedge fund in connection with the S.E.C.’s first investigation leading to enforcement litigation related to insider trading in credit default swaps.
• Lead litigation counsel a major financial institution in connection with the sale of its mutual fund business.
• Lead counsel to mutual fund advisors and directors in connection with two major class action litigations related to revenue sharing and directed-brokerage practices.
• Lead counsel to financial institutions and hedge funds in connection with litigation and disputes related to CDOs, CLOs, and other complex financial products.
• Lead counsel to a private federal loan company in connection with all securities class action litigation arising out of the credit crisis.
• Representing Merrill Lynch in connection with shareholder litigation related to alleged naked short selling and prime brokerage functions.
• Lead counsel to NBC Universal in preferred stockholder litigation related to a major corporate transaction.
• Representing Duane Reade in connection with securities class action litigation.
• Representing a major hedge fund administrator in connection with civil litigation, as well as S.E.C. and Department of Justice investigations, related to a hedge fund collapse and criminal charges against a money manager.
• Representing several “fund-of-funds” in connection with their investments and disputes with hedge fund managers arising from fund collapses and wind-downs.

Pro Bono

Throughout his career, Adam has been actively involved in the pro bono representation of indigent criminal defendants. He is one of the leaders of a team that recently obtained the reversal of a death sentence on behalf of a defendant with mental retardation in Florida after a two-day evidentiary hearing.

Selected Publications and Speaking Engagements

Adam authored the chapter on damages in Litigating Securities Class Actions (Eisenberg, J., editor, LEXIS/NEXIS publisher), a comprehensive treatise on defending securities class actions whose contributing authors are recognized leaders in the field of securities litigation. Adam has also co-authored numerous publications on securities regulation, enforcement, and litigation. Adam is also a frequent lecturer and panel participant for financial institutions, hedge funds, and the CCO University on insider trading, SEC and government investigations, litigation, and compliance matters.