R. Adam Swick
Adam Swick handles all types of complex commercial litigation. Adam has extensive experience with Chapter 15 bankruptcy cases, class actions, cross-border litigation, fiduciary disputes, financial fraud cases, and securities and shareholder derivative lawsuits.
The American Bankruptcy Institute recently named Adam to its 40 Under 40 list, which recognizes emerging leaders in the insolvency profession.
Prior to joining RCT, Adam was an attorney for Baker & McKenzie LLP, Greenberg Traurig LLP, and King & Spalding LLP.
Adam graduated second in his class at the S.M.U. Dedman School of Law, and was elected to the Order of the Coif upon graduation. Adam earned his B.A., with honors, from the University of Texas at Austin.
- Represents the Chapter 7 Trustee for Legendary Field Exhibitions, LLC and other related entities that operated the Alliance of American Football as Special Counsel to investigate the debtors' potential claims against certain entities and individuals.
- Represents a putative class of participants against Advocare International, LP, an alleged pyramid scheme.
- Represented the Chapter 7 Trustee for KLD Energy Technologies Ltd. in bringing and settling claims against the debtor’s former officers and directors.
- Represented the Liquidating Trustee for Isolux Corsan LLC, the Texas subsidiary of the Isolux group of companies, a formerly leading international engineering, construction, and concession conglomerate primarily based in Spain.
- Represented a class of participants in MXI Corporation, an alleged pyramid scheme that sells supposedly “healthy” chocolate.
- Represented numerous liquidators and trustees in Chapter 15 cases, including Condor Insurance Ltd., Saad Investments Company Ltd., AJW Offshore Ltd., ICP Strategic Credit Income Fund Ltd., and Tibanne Co., Ltd., the parent of Mt. Gox.
- Represented foreign representatives in Chapter 15 bankruptcy of Condor Insurance Limited. Obtained favorable ruling from the Fifth Circuit in In re Condor Ins. Ltd., 601 F.3d 319 (5th Cir. 2010) that subject matter jurisdiction over fraudulent transfers is not prohibited by Chapter 15.*
- Assisted in representation of nation's largest poultry producer in its Chapter 11 reorganization.*
- Counseled a Hong Kong-based electronic gaming company in a securities case filed by hedge fund investors in the Southern District of New York.*
- Conducted internal investigation of a leading U.S.-listed Chinese video game company relating to internal control issues and compliance under Sarbanes-Oxley, SEC, and other regulatory provisions.*
- Assisted court-appointed securities litigation committee in determining whether the board of directors of a Dallas-based timeshare company breached their fiduciary duties in connection with a cash out merger transaction.*
- Defended individual directors of board of real estate development company in securities class action and derivative litigation in state and federal court in New Mexico.*
- Represented a leading company in the development of industrial real estate in Mexico as a creditor in the Chapter 11 case In re Edscha North America, Inc. filed in the Northern District of Illinois.*
- Assisted with $103.5 million acquisition of substantially all assets out of bankruptcy of an oil and gas exploration and production company.*
- Assisted in representation of the Preferred Shareholders' Committee for Dorado Exploration, Inc., an oil and gas exploration company.*
Publications and Speaking Engagements:
- Co-Author, “Expert Witnesses—the Basics,” American Bar Association Trial Practice Committee, Practice Points, December 2021
- Speaker, “Brazil: Cross-Border Insolvency Update,” American Bankruptcy Institute Cross-Border Insolvency Program, November 2021
- Speaker, “Covid-19 Responses in Latin America and the Caribbean,” NextGen Leadership Program of International Insolvency Institute, May 2020
- Project Editor, “Global Responses to Limit the Economic Impact of Covid-19 Pandemic,” available at https://globalinsolvency.com/covid19, April 2020
- Co-Author, "Pick a Date: the Debate about When to Determine a Debtor’s COMI," American Bankruptcy Institute International Committee Newsletter, January 2020
- Speaker, “Timing the Determination of a Debtor’s Centre of Main Interest (COMI),” International Insolvency Institute 19th Annual Conference, June 2019
- Speaker, “Case-Studies on COMI,” GRR Live, March 2019
- Author, “Claims in the U.S. Can Make a Foreign Debtor Eligible for Chapter 15,” ABI Bankruptcy Litigation Committee, September 24, 2018
- Co-Author, “Second Circuit Holds Comity Does Not Alter Chapter 15’s Requirement to Perform Section 363 Review of U.S.-Based Asset Sales,” CAIRP: Rebuilding Success, Spring/Summer 2018
- Speaker, "Cross-Border Update," American Bankruptcy Insolvency Program, November 2017
- Co-Author, "Complex Cases Relying on Chapter 15 Predictability and Flexibility," American Bankruptcy Institute International Committee Newsletter, March 2017
- Speaker, "Chapter 15 Answers that My Bankruptcy Teacher Never Told Me," American Bankruptcy Institute, 33rd Annual Spring Meeting, April 2015
- Co-Author, "Second Circuit Applies Section 109(a)'s Jurisdictional Requirements to Chapter 15," American Bankruptcy Institute Journal, March 2014
- Speaker, “Chapter 15: Theory & Practice,” Dallas Bar Association, Bankruptcy Division, October 2013.
- Co-Author, "Second Circuit Clarifies Chapter 15 COMI Analysis," American Bankruptcy Institute Journal, June 2013
- Co-Author, "Securities Litigation in the Energy Sector," 33 Energy & Min. L. Inst. 356-382 (2012)
- Co-Author, "Developments Regarding Extraterritorial Effect of U.S. Securities Fraud Statutes," Financial Law Report, September 2012
- Co-author, "Securities Litigation And The Energy Sector" Law360, New York, August 21, 2012 and also featured in The D&O Diary, August 23, 2012
- Speaker, Energy and Mineral Law Foundation, 33rd Annual Institute "Securities Litigation and the Energy Sector," June 25, 2012
- Co-Author, "Securities Litigation," Annual Review of Business and Corporate Litigation, ABA Publishing, 2012
- Co-Author, "Reverse Mergers and the Rise of SEC Investigations and Shareholder Lawsuits Involving Chinese Companies Listed on U.S. Stock Exchanges," Bloomberg Law Reports, March 26, 2012
- Quoted, "Investors Get Say on Pay -- Say Ok," Smart Money, March 2, 2012
- Co-Author, "Keeping Current: 2012 Outlook for Say-on-Pay Lawsuits," ABA Business Law Today, February 2012
- Co-Author, "The Rise of SEC Investigations and Shareholder Lawsuits Involving Chinese Companies Listed on the U.S. Stock Exchanges," Insights, Autumn 2011
- Co-Author, "Twombly and Iqbal's Impact On Affirmative Defenses," Law360, May 20, 2011
- Co-Author, "Directors and Officers Need Court Approval for Litigation Costs," Daily Business Review, January 2011
- Co-Author, "Getting Paid: Authorizing Advancement of Defense Costs from a Debtor-Entity's D&O Policy," Securities Litigation Journal, ABA, Section of Litigation, Winter 2011
- Co-Author, "Making Sure Defense Costs are Paid from D&O Policies in the Bankruptcy Setting," Corporate Counsel, November 2010
- Speaker, "Issues Regarding Buying Oil and Gas Assets in Bankruptcy," Dallas Association of Petroleum Landmen, September 2009
- Author, "Filling a Proof of Claim: A Simple Procedure or a Complicated Mess?" American Bankruptcy Institute Journal, July/August 2009
* The above representations were handled by Mr. Swick prior to his joining Reid Collins & Tsai.