Adam B. Banks
Biography
Overview
Adam B. Banks is a partner in the Firm's Global Commercial Litigation Group. His practice focuses on litigating complex civil matters in the federal and state trial and appellate courts. Adam regularly embeds in trial teams, and has secured favorable jury, bench, and arbitration victories for his clients. Adam also has an extensive track record as an appellate specialist, including briefing dozens of appeals in appellate courts and the U.S. Supreme Court, and presenting ten oral arguments in the federal courts of appeals and New York Appellate Divisions. His expertise spans practices, including antitrust, IP and patent, securities, and other complex business disputes.
Adam is regularly recognized for his work by leading industry, business, and diversity publications and organizations. Most recently, in 2024, New York Law Journal selected him as a finalist in the "Diversity Initiative" category of its annual Professional Excellence Awards, and Crain's New York Business included Adam on its list of "Notable Black Leaders." Adam also has been honored by Euromoney as a "Rising Star" for Appellate Litigation, by The Minority Corporate Counsel Association as a "Rising Star," and by the Council of Urban Professionals as a Law Catalyst. Adam is also recognized as a nationally recommended lawyer for both Appellate: Courts of Appeal and Appellate: Supreme Courts by The Legal 500 US.
Adam also maintains an active pro bono practice. Prior to White & Case, Adam successfully vacated a capital defendant's death sentence after an appeal to the U.S. Court of Appeals for the Eleventh Circuit, and represented another death row inmate in post-conviction appeals to the U.S. Court of Appeals for the Eleventh Circuit, in certiorari petitions to the U.S. Supreme Court and in the Supreme Court of Florida.
Adam served as a member of Law360's Appellate Editorial Advisory Board in each of 2020 and 2021.
Adam earned his JD from Yale Law School, and his BA from Stanford University. He clerked for Judge Marsha S. Berzon of the U.S. Court of Appeals for the Ninth Circuit. Prior to joining White & Case, Adam was a partner at an international law firm.
Experience
Some of Adam's recent notable engagements include:
Successfully arguing an appeal before the Second Circuit for a major pharmaceutical company, reinstating a significant competitor antitrust matter concerning a blockbuster eye medication.*
Arguing a successful appeal before the Fifth Circuit for Speedcast International, sustaining a favorable bankruptcy court order denying a multi-million dollar claim against the bankruptcy estate.*
Representing Microsoft in emergency Supreme Court proceedings and Ninth Circuit challenges to its $69 billion acquisition of Activision Blizzard.*
Defending LiquidPower Specialty Products in significant competitor antitrust action against allegations of monopolization through wrongful enforcement of patents.*
Securing two significant victories for Morgan Stanley, when the Second Circuit affirmed a complete defense verdict in a rare private insider trading jury trial, and the Appellate Division, New York Supreme Court, affirmed the dismissal of all claims on summary judgment in a related state-court fraud case.*
Obtaining the dismissal, and affirmance on appeal, of all claims brought against Lehman Brothers and several former executives in a complex fraud, breach of contract, and breach of fiduciary duty action in New York state trial and appellate courts stemming from commercial real estate investments made on the eve of the financial crisis.*
Winning a significant victory for Marsh & McLennan before the Second Circuit which affirmed the grant of summary judgment on claims arising from a 2004 New York Attorney General investigation, and provided important guidance to companies regarding their rights to terminate employees who do not cooperate in an internal investigation.*
Successfully representing Lehman Brothers and the Archstone-Smith REIT among 20 other defendants in securing summary judgment on the eve of trial – later affirmed on appeal – on all claims in a $4 billion investor class action arising from one of the largest REIT going-private transactions in history.*
Successfully representing the Port Authority of New York and New Jersey in litigation involving the 1993 World Trade Center bombing in New York's highest court. Also successfully defended the Port Authority in litigation seeking hundreds of millions of dollars in damages arising from marine terminal leases, including securing victory in the Third Circuit on plaintiff's novel and complex constitutional claims.*
Securing a victory for Schindler Elevator Corporation in the United States Supreme Court in a case interpreting the public disclosure bar of the False Claims Act.*
* Prior to joining White & Case
Named to "Notable Black Leaders" List, Crain's New York Business, 2024
Finalist for "2024 Diversity Initiative Professional Excellence Award" by New York Law Journal
Named "2019 Law Catalyst Defense" by Council of Urban Professionals
Named "Best in Litigation: Appellate" Rising Star by Euromoney
Recognized in the practice of Appellate: Courts of Appeal and Appellate: Supreme Courts by The Legal 500 US
