{{insights.date}}
{{insights.source}}
{{insights.type}}
Adam R. Fox
Partner
Adam Fox is a litigation partner with experience handling and trying to verdict high-stakes controversies spanning a wide range of subject matters. He is the leader of the firm's False Advertising Litigation & Protection Practice, as well as the Food & Beverage Litigation Practice, and also has substantial experience in complex commercial cases and those involving environmental contamination and exposure. Due to Adam's national practice and global clients he has offices in and is admitted to practice in both California and New York. He is a member of the firm's Global Board.
The high-profile matters Adam has handled have garnered substantial national and regional media coverage, including televised interviews and front page coverage in prominent national newspapers, such as the Washington Post and the Los Angeles Times. His cases have also received coverage in the Wall Street Journal, New York Times and numerous other publications.
Before entering private practice, Adam served as a judicial clerk for the late Honorable Robert B. Krupansky of the US Court of Appeals for the Sixth Circuit.
Adam has written several law review articles and other publications. He has also lectured, presented papers or served on speaking panels at the University of Colorado Law School, George Mason University School of Law, Rutgers University School of Law and the University of California at Los Angeles. He has also been a speaker at conferences sponsored by the American Bar Association and the Defense Research Institute.
A graduate of the Riordan Volunteer Leadership Development Program, Adam serves as co-chair of the Los Angeles branch of the National Campaign to Stop Violence and coordinates the Los Angeles office's pro bono activities.
Adam has been repeatedly recommended in The Legal 500 US, identified by Benchmark: Litigation as a Future Star and recognized by Thomson Reuters as a Southern California Rising Star.
- Now serving as appellate counsel for Yakult USA, a leading maker of probiotic drinks, after having obtained the denial of class certification in and dismissal of a putative federal class action that alleged false advertising of the potential health benefits of consuming its drinks.
- Presently defending a putative class action brought against a premium organic juice company accused of falsely advertising its products as "fresh pressed" and "cold pressed" because they are also pasteurized.
- Currently leading the defense of a putative class action brought by prison inmates and a criminal defense lawyer against a prison telephone service provider accused of recording privileged calls without permission.
- Now serving as appellate counsel after having obtained for the named defendant both summary judgment and a six-figure fee and cost recovery award against a California state agency in a complex, multiparty environmental case involving the alleged contamination of soil and groundwater with numerous solvents and perchlorate.
- Regularly advising clients on their proposed advertising and labeling practices to minimize exposure to potential false advertising and unfair competition claims.
- Resolving, by amicable settlement, a federal false advertising case on behalf of Breville, a pioneer in fruit and vegetable juicers, and against a group of competitors promoting their line of masticating juicers as extracting and preserving more vitamins, minerals, enzymes and other nutrients than competitive centrifugal juicers.
- Serving, prior to settlement, as lead counsel for America's sugar farmers and refiners in a federal false advertising lawsuit against Archer-Daniels-Midland, Cargill, other processors of high fructose corn syrup (HFCS) and their trade group, for falsely advertising the various formulations of HFCS as "corn sugar," as "natural," and that "your body can't tell the difference."
- Resolving, by amicable settlement, a multijurisdictional trademark infringement case involving Zippo, the iconic, consumer products company and owner of the BLU trademark for its innovative torch flame butane lighters and the maker of BLU electronic cigarettes.
- Having represented Banco Central de Venezuela, the Venezuelan central bank, in a federal lawsuit asserting civil RICO and Lanham Act false advertising claims against a group of defendants allegedly involved in an enterprise using social media tools to misrepresent and manipulate a black market for foreign exchange, exacerbating inflation and robbing the central bank of seigniorage.
- Obtaining, as lead counsel, the dismissal of a California company and its foreign corporate parent, both of which had been sued in more than 40 coordinated cases in California state court alleging the toxic exposure of thousands of plaintiffs to hexavalent chromium from the clinker dust from the cement operations of several enterprises.
- Securing, as lead trial counsel, a jury verdict for a commercial plaintiff and counterclaim defendant in a multimillion-dollar international contract dispute regarding the importation of goods subjected to antidumping tariffs.
- Resolving by amicable settlement a federal false advertising case on behalf of an industry trade association and several of its members against a key competitor following the successful pre-trial challenge of one of the defendant's experts addressing damages.
- Securing summary judgment – and obtaining an appellate affirmance of that judgment – for the owner of property adjacent to a US EPA Superfund site in response to charges that contamination had migrated to the site causing injuries to workers there.
- Obtaining, as lead trial counsel, a defense jury verdict for a seat belt manufacturer against claims of wrongful death and serious injury.
- Acting as trial counsel and obtaining a defense jury verdict for a well-known petrochemical company against multiple claims of serious injury arising from alleged toxic exposure.
- Orchestrating a multimillion-dollar directed verdict for the US subsidiary of a multinational corporation in a complex business dispute involving claims of breach of contract and fraud.
- Obtaining summary judgment for computer motherboard designers against several patent infringement claims for technology essential to their business.
- Securing summary judgment for a supplier of airbag components in an action involving claims of serious brain injury and wrongful death.
- Obtaining an appellate court mandate vacating an order of a trial court that had denied a motion to dismiss a Japan-based company for lack of personal jurisdiction; although, its only contact with the forum was its US subsidiary.
- Securing an appellate court mandate vacating an order of a trial court that had denied a motion to dismiss a US manufacturer for being named after the statute of limitations; although, the plaintiffs tried to substitute it for a “Doe” defendant.
- Obtaining orders and Special Examiner appointment to compel production of documents and take testimony in the US in aid of legal proceedings pending in the People's Republic of China.
- Representing entertainment industry players, including a major graphic novel publisher, an international animation company, a world champion boxer, a major recording artist, one of Hollywood's top actors and the licensing and merchandising company of one of the world's most famous comedy teams.
Education
- Cornell University, J.D., senior note editor, Cornell Law Review, 1996
- University of Colorado, B.A., magna cum laude, 1993
Admissions
- California, 2002
- New York, 2012
- Ohio, 1997
Courts
- U.S. Ct. of App., Ninth Circuit
- U.S. Ct. of App., Sixth Circuit
- U.S. Ct. of App., Third Circuit
- U.S. Dist. Ct., C. Dist. of California
- U.S. Dist. Ct., Dist. of Colorado
- U.S. Dist. Ct., E. Dist. of California
- U.S. Dist. Ct., N. Dist. of California
- U.S. Dist. Ct., N. Dist. of Ohio
- U.S. Dist. Ct., S. Dist. of California
- U.S. Dist. Ct., W. Dist. of New York
- U.S. Dist. Ct., E. Dist. of New York
- U.S. Supreme Court