Adam S Ziffer

Practice Areas

Internationally known for his successful litigation and arbitration strategies, Adam Ziffer litigates for policyholders and counsels clients on some of the most cutting-edge, precedent-setting insurance coverage cases in trial and appellate courts nationwide, as well as in London and Bermuda arbitrations. His work includes privacy liability, employee dishonesty, first-party, errors and omissions, directors and officers, product liability, asbestos, environmental, and employment coverage matters.

Notably, Adam won a significant ruling for Viacom Inc. (now Paramount Global), establishing that its insurers could not avoid covering a $122.5 million settlement of litigation stemming from the Viacom-CBS merger by relying on a “bump-up” exclusion. Following this decision, Adam won another significant ruling for Viacom, when the Delaware Superior Court ruled on summary judgment that earlier actions are not interrelated to the former Viacom shareholder class action filed following the merger of CBS and Viacom—favorably permitting Viacom to continue its pursuit of D&O insurance coverage.

Career

Before founding Cohen Ziffer Frenchman & McKenna, Adam practiced at McKool Smith, Kasowitz, and Dickstein Shapiro.

Awards

Education

Work Highlights

Adam secured a groundbreaking victory for AMC Entertainment Holdings, Inc. in an insurance coverage lawsuit it brought in Delaware Superior Court against an insurance tower of 17 comprehensive directors and officers and management liability insurers providing $80 million in coverage. The Delaware Superior Court ruled in favor of AMC, finding that its payment of shares to settle a lawsuit brought by AMC’s shareholders satisfied its insurance policy’s definition of “loss.” The decision was upheld by the Delaware Supreme Court, setting a vital precedent for policyholders seeking coverage for settlements paid with non-cash compensation and confirming that policy interpretation starts—and ends—with the words of the policy itself.

Adam also led the representation of TIAA, obtaining summary judgment on a groundbreaking issue by securing coverage for a settlement of a civil disgorgement claim. He first-chaired the subsequent jury trial and obtained a verdict worth $50 million. Adam then successfully argued the appeal in the Delaware Supreme Court, which affirmed the verdict in all respects.

Expert in these Jurisdictions

Adam is admitted to practice before the following courts:

• U.S. Court of Appeals, First Circuit

• U.S. Court of Appeals, Second Circuit

• U.S. Court of Appeals, Third Circuit

• U.S. Court of Appeals, Fourth Circuit

• U.S. Court of Appeals, Sixth Circuit

• U.S. Court of Appeals, Ninth Circuit

• U.S. District Court, Eastern District of New York

• U.S. District Court, Southern District of New York