• Skip to content
  • Skip to primary sidebar

Cohen Ziffer Frenchman & McKenna

Policyholders’ Heaviest Hitters | Attorneys | New York

  • Team
  • News/Insights
  • Services
  • About
  • Careers
  • Offices
  • Team
  • News/Insights
  • Services
  • About
  • Careers
  • Offices

Stay Connected
Adam Ziffer
Main image for Adam Ziffer

Adam Ziffer

Partner

aziffer@cohenziffer.com
New York
212.584.1832 D
Print PDF Email

My Approach

From the outset of any matter, I read the relevant “room” and emerge as a leader, capturing the attention and intention of judges, jurors, and opposing counsel. This ultimately lends credibility to my clients and helps me prioritize their interests. After I study every factor in the calculus of a case, I strategically craft a narrative designed to precisely tie into our theme the answers to whatever issues emerge. Ultimately, I thrive in the courtroom, where the strategy comes together and I can harmonize the facts and law to achieve success.

Overview

Nationally and internationally known for his successful litigation and arbitration strategies and execution, Adam S. Ziffer represents policyholders in actions for damages and declaratory relief and counsels clients on a range of insurance-related issues. Adam litigates some of the most cutting-edge, precedent-setting insurance coverage cases in trial and appellate courts throughout the country. They include privacy liability, employee dishonesty, first-party, errors and omissions, directors and officers, product liability, asbestos, environmental, and employment coverage matters. In his global practice, Adam represents clients in arbitrations in London, Bermuda, and other international venues.

Clients have reported to Chambers that “Adam is an extremely good advocate in court and a great person to have on your side when the stakes are high,” and that he is one “of the best coverage attorneys we found with an outstanding knowledge of policy coverage law and how to litigate.” Another client told Chambers that Adam “does a great job at implementing the strategy and winning at the pleading stage” and “pays great attention to detail.”

Serving as lead counsel in state and federal courts, Adam treats discussions with judges very respectfully but also as if he is in a dinner conversation with them. This approach helps him gain rapport with judges and juries, which sets him apart in a sea of attorneys—Adam becomes the voice that the judge or jury looks to for the direct and candid answer, and this credibility then extends to his clients. A proponent of cultivating relationships and collaborating with opposing counsel, Adam works hard to keep matters moving along smoothly in discovery and other stages of the litigation process. He knows how to identify for judges the key impasse issue in summary judgment motions, which often results in quicker and more efficient positive resolutions for his clients.

While understanding the many granular nuances of a matter, Adam also considers the big-picture perspective and knows when to launch surgical strikes in making pivotal points at trial and during negotiations. He often draws on his diverse general litigation background, which includes cases involving general commercial and contractual disputes, securities fraud claims, and labor and employment issues. Throughout his career, Adam has tried to apply reasonable and thoughtful positions to his matters, which serve as guideposts in representing clients and achieving the most optimal outcomes.

Experience Highlights

  • Adam 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.

    Read More
  • Adam secured a first-of-its-kind summary judgment ruling for Medidata Solutions Inc. from the U.S. District Court for the Southern District of New York. The court recognized the company’s entitlement to coverage under a commercial crime insurance policy for a computer fraud loss, which was affirmed on appeal by the U.S. Court of Appeals for the Second Circuit.

    Read More

Relevant Experience

  • Adam led the representation of Teachers Insurance and Annuity Association of America (“TIAA”) and other related entities in an insurance coverage lawsuit filed in Delaware Superior Court against certain of TIAA professional liability insurers seeking reimbursement of its costs to defend and settle three class action lawsuits alleging claims relating to delays in processing account holders’ transfer requests in certain investment accounts. Adam obtained a landmark decision from President Judge Jan Jurden granting summary judgment to TIAA, finding that a civil settlement of a lawsuit involving claims for disgorgement was an insurable loss under New York law. He first-chaired the subsequent jury trial, defeated a variety of the insurance company’s remaining defenses, 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.
  • Adam led the representation of Medidata Solutions Inc. in securing a first-of-its-kind summary judgment ruling from the U.S. District Court for the Southern District of New York regarding insurance coverage for cyber-theft losses. The decision, ultimately affirmed by the Second Circuit, allowed Medidata to access coverage under a Federal Insurance Co. commercial crime insurance policy for a loss that the company suffered as a result of a computer fraud incident. The decision is one of the first involving coverage for email “spoofing,” a threat faced by many companies, in which fraudulent transfers of money are induced by emails to employees that appear to be from the email accounts of senior company officers, but are sent by the perpetrators of the fraud with replies routed back to accounts the perpetrators control.
  • Adam leads the representation of Pfizer in three high-stakes insurance litigations and companion arbitrations to recover under three different towers of D&O insurance for three different underlying shareholder class actions. In Pfizer’s suit against Arch and U.S. Specialty filed in the Delaware Superior Court, he successfully argued in asserting that Delaware law should apply to insurance coverage for directors and officers coverage of a Delaware corporation, rather than New York law where Pfizer’s headquarters is located, and that a variety of “related wrongful acts” exclusions did not bar coverage for Pfizer’s claim. On August 28, 2020, Delaware Superior Court Judge Paul R. Wallace held that Pfizer is entitled to coverage under a $15 million excess directors and officers policy with U.S. Specialty for its costs in the underlying case of Morabito v. Pfizer, even though it previously settled with one of its lower-level excess insurance companies for less than the limit of that insurer's policy, resulting in a judgment in excess of $18 million.
  • Adam serves as counsel to Walmart Inc. in seeking insurance coverage for hundreds of millions in defense costs incurred in defense against thousands of opioid-related lawsuits and for more than $3.1 billion in settlements of certain of those lawsuits.
  • Adam serves as lead counsel to Conduent Inc. in securing a rare reversal of a jury verdict due to insurer’s counsel’s violation of evidentiary rulings, which confused the jury and resulted in a verdict that was manifestly unjust. In addition, the firm secured tens of millions of dollars in coverage for Conduent’s defense and settlement of a Medicaid investigation and related civil lawsuits by the Texas Attorney General.
  • Adam served as lead trial counsel for Virtu Financial Inc. and indirect subsidiary Virtu Americas LLC in seeking insurance coverage for losses resulting from a hacking incident. Adam led the parties to ultimately reach an agreement to settle the matter.
  • Adam secured a favorable decision in Delaware state court on behalf of The Options Clearing Corp., a clearing house based in Chicago. The judge ruled that Options’ bid for coverage of a U.S. Securities and Exchange Commission investigation was not barred by an exclusion in its D&O policies, holding that the exclusion barred coverage only of a previous, unrelated SEC investigation.
  • Adam led the representation of Chanel in its coverage disputes with its general commercial liability insurers, following personal injury and product liability lawsuits alleging that Chanel’s products were made with talc contaminated by trace amounts of asbestos fibers. On the eve of oral argument, Adam secured a favorable settlement for Chanel.
  • Adam led the representation of Providence Services Corporation in a lawsuit in the Delaware Superior Court seeking coverage for a class action against Providence arising out of its provision of private probationary services. Adam prevailed on summary judgment that under applicable Delaware law, coverage was not barred by the insurance company’s defense that the underlying class action lawsuit was related to a prior litigation. Following the court’s summary judgment ruling, Providence was able to achieve a favorable settlement.
  • Adam led the representation of Standard General in its insurance coverage litigation in the Southern District of New York, seeking to recover the costs of defense and settlement incurred in connection with a California litigation brought against Standard General by Dov Charney, concerning his relationship with American Apparel. He obtained a summary judgment ruling that Travelers Insurance company owed Standard General a duty to defend. Following that ruling, Standard General was able to effectuate a favorable settlement.
  • Adam led the representation of a Philips Electronics North America Corp. subsidiary T.H. Agriculture & Nutrition in its insurance coverage action in Cook County, Illinois against more than 20 insurance companies relating to asbestos liabilities. Adam has defeated numerous summary judgment motions by the insurers, allowing his client to achieve settlements totaling in the nine figures.
  • Adam led the representation of subsidiaries of Hilco Trading LLC seeking coverage for an underlying lawsuit concerning a variety of real estate development projects. Adam argued and won an appeal, convincing the Illinois appeals court to grant Hilco summary judgment, ruling that Liberty Surplus Insurance Corp. had a duty under professional liability policies to defend Hilco’s respective subsidiaries against claims that they inflated appraisals.
  • Adam led the representation of Signet Jewelers in a coverage dispute with a number of domestic and international insurance carriers stemming from numerous underlying D&O lawsuits brought against Signet since August 2016. The lawsuits claim securities law violations and breaches of fiduciary duties arising mainly out of alleged diamond swapping, credit portfolio issues, and sexual harassment. Adam successfully helped Signet obtain insurance funding for a substantial portion of its settlement of the underlying lawsuits.
  • Adam also guided the representation of Convergys Corp. in a coverage dispute in the District Court for the Southern District of Ohio. He argued and obtained summary judgment requiring the policyholder's umbrella insurance company to immediately pay the policyholder's costs of defending two privacy class actions.
  • Adam led the representation of a Gotham Organization subsidiary, DC USA, in its breach of contract and bad faith claim against its insurer relating to environmental liability arising out of an urban redevelopment project in Washington, D.C. Following successful motion practice, Adam was able to obtain a favorable multimillion-dollar settlement for DC USA.
  • Adam also represented a subsidiary of a Fortune 10 company that suffered an approximately $500 million loss arising out of a fire, that culminated in a favorable settlement.
  • Adam defended MidAmerican Holding Company and its subsidiaries in a shareholder suit in California concerning ownership of a hydro-electric project in the Philippines. He led the trial of the breach of fiduciary duty/bad faith claim, which resulted in a defense verdict.
  • Adam represented an individual in her successful prosecution of an Americans with Disabilities Act (ADA) claim through jury trial and appeal. This resulted in multimillion-dollar compensatory and punitive damage awards.

Recognition and Rankings

  • Recognized by Crain's New York Business as a Notable Litigator and Trial Attorney, 2025
  • Named one of the 500 Leading Litigators in America by Lawdragon in its 2025 edition
  • Named a Leading Lawyer in America by Lawdragon, 2025
  • Recognized as a "Plaintiffs’ Attorney Trailblazer" by The National Law Journal, 2023
  • Recognized by Benchmark Litigation as a "Litigation Star," 2023
  • Selected for New York Metro Super Lawyers, 2023
  • Named an “Elite Boutique Trailblazer” by The National Law Journal, 2022 (one of only 26 lawyers in the U.S.)
  • Named a "Litigation Trailblazer" by The National Law Journal, 2021 (one of only 25 lawyers in the U.S.)
  • Ranked in Chambers USA in New York for Insurance: Dispute Resolution: Policyholder (Band 3), 2020-2024
  • Recognized as a “National Insurance Litigation Star” by Benchmark Litigation, 2020
  • Named an "Insurance MVP" by Law360, 2017 and 2022
  • Recognized by The Legal 500 as a recommended lawyer in the United States for Insurance: Advice to Policyholders, 2015-2020
  • Named a "Rising Star" by Law360, 2010

Publications

  • “Insurance Coverage Alert: More Than 300 Parties Named in Environmental Lawsuit – Is Insurance Coverage Available for the Remediation and Clean-up Costs of the Newark Bay Complex?” Co-author with Robin L. Cohen, William E. Denver, Joseph D. Jean (February 13, 2009)
  • “Brief History of SEC Rule 2(E),” Section of Business Law of the American Bar Association (November 1995)

News/Insights

  • Cohen Ziffer Named Finalist for 2025 U.S. Insurance Awards by Business Insurance

    May 16, 2025·Media Coverage·less than a minute
  • Cohen Ziffer Named as Finalist for “The National Law Journal’s Elite Trial Lawyers” Award

    May 5, 2025·News·less than a minute
  • Law360: Viacom And NAI Can Continue Shareholder Coverage Dispute

    March 12, 2025·News·less than a minute
  • Business Insurance: Pendulum swings causing emerging D&O risks, panel says

    March 5, 2025·Media Coverage·2 minute read
  • Law360: Del. Justices Agree Conduent Fraud Verdict Wasn’t Proper

    February 4, 2025·Media Coverage·less than a minute
  • Law360: Insurance Group of the Year: Cohen Ziffer

    January 22, 2025·News·less than a minute
  • Cohen Ziffer Named a Law360 2024 Insurance Practice Group of the Year

    January 21, 2025·News·2 minute read
  • Cohen Ziffer Founding Partners Named as 2025 Lawdragon Leading Lawyers in America

    January 10, 2025·Media Coverage·less than a minute
  • Cohen Ziffer Founding Partners Named “500 Leading Litigators in America” by Lawdragon

    September 6, 2024·Media Coverage·less than a minute
  • Cohen Ziffer Frenchman & McKenna Selected as a Finalist for Insurance Litigation Department of the Year by the New York Law Journal

    July 29, 2024·News·less than a minute
  • Business Insurance Names Cohen Ziffer as Finalist for The Legal Team of the Year

    May 22, 2024·Media Coverage·less than a minute
  • Cohen Zifffer Named as a 2024 Elite Trial Lawyers Awards Finalist by The National Law Journal

    May 13, 2024·Media Coverage·less than a minute
  • Law360: Insurance Group of the Year: Cohen Ziffer

    February 15, 2024·News·4 minute read
  • Cohen Ziffer Frenchman & McKenna named Insurance Practice Group of the Year by Law360

    January 22, 2024·Media Coverage·less than a minute
  • Law360 Insurance Authority: Walmart Scores Defense Win In Ark. Opioid Coverage Fight

    January 2, 2024·News·2 minute read
  • Cohen Ziffer Frenchman & McKenna Ranked in Benchmark Litigation 2024

    October 9, 2023·News·less than a minute
  • Law360: Bump-Up’ Exclusion Doesn’t Bar Viacom Execs’ Coverage Bid

    August 11, 2023·Media Coverage·less than a minute
  • Law360: Chancery Says QBE-Walmart Fight Belongs In Arkansas

    June 7, 2023·Media Coverage·less than a minute
  • Cohen Ziffer Frenchman & McKenna LLP Recognized by Chambers USA in 2023 Guide

    June 5, 2023·News·less than a minute
  • Robin Cohen and Adam Ziffer Named Plaintiffs’ Attorneys Trailblazers by The National Law Journal

    May 2, 2023·News·2 minute read
  • ALM Delaware Law Weekly: In Rare Decision Setting Aside Jury Verdict, Delaware Judge Faults Lawyer’s Reference to Inadmissible Docs

    March 3, 2023·Media Coverage·less than a minute
  • Law360: Del. Judge Grants Ex-Xerox Unit New Trial, Scolds AIG Attys

    March 2, 2023·Media Coverage·less than a minute
  • Cohen Ziffer Founding Partners All Included In Lawdragon’s 500 Leading Litigators in America Guide

    October 25, 2022·News·less than a minute
  • Insurance Coverage Law Center: Litigation Trends in Cyber Coverage for Wire Fraud

    October 12, 2022·Media Coverage, News·less than a minute
  • Cohen Ziffer Recognized by Benchmark Litigation in 2023 Guide

    October 6, 2022·Media Coverage·2 minute read
  • New York Super Lawyers Recognizes 11 Cohen Ziffer Attorneys in 2022 Guide

    September 30, 2022·Media Coverage·less than a minute
  • Adam Ziffer Named 2022 Law360 Insurance MVP

    September 12, 2022·News·less than a minute
  • Adam Ziffer Named an Elite Boutique Trailblazer by The National Law Journal

    July 5, 2022·News·less than a minute
  • Cohen Ziffer Frenchman & McKenna named Firm to Watch: Insurance: Advice to Policyholders by Legal 500

    June 8, 2022·News·less than a minute
  • Cohen Ziffer Frenchman & McKenna Recognized by Chambers USA in 2022 Guide

    June 1, 2022·News·less than a minute
  • The American Lawyer: One Year In, Boutiques Formed Mid-Pandemic See Bright Futures

    February 28, 2022·Media Coverage·2 minute read
  • Cohen Ziffer Named a Law360 Insurance Practice Group of the Year

    January 25, 2022·News·2 minute read
  • Adam Ziffer Named a “Litigation Trailblazer” by The National Law Journal

    November 1, 2021·Media Coverage·less than a minute
  • Law360: Insurers Must Cover Willis Towers Watson Merger Settlements

    October 7, 2021·Media Coverage·less than a minute
  • Cohen Ziffer Frenchman & McKenna Named Litigation Department of the Year for Insurance by New York Law Journal

    October 6, 2021·Media Coverage·2 minute read
  • Cohen Ziffer Frenchman & McKenna Named Insurance Litigation Department of the Year by the New York Law Journal

    August 10, 2021·Media Coverage, News·less than a minute
  • Chambers USA Recognizes Cohen Ziffer Frenchman & McKenna LLP in 2021 Guide

    May 20, 2021·News·less than a minute
  • Thomson Reuters Regulatory Intelligence: Demand for D&O insurance explodes with SPAC-related activity and future litigation concerns

    April 21, 2021·Media Coverage, News·3 minute read
  • Insurance recovery lawyer lifts lid on COVID BI claims

    February 9, 2021·News·less than a minute
  • Lawdragon: Renowned Insurance Recovery Group Led By Robin Cohen Launches New Firm

    January 6, 2021·Media Coverage·less than a minute
  • Reuters: Daily Docket

    January 6, 2021·Media Coverage·less than a minute
  • Bloomberg Law: Wake Up Call

    January 6, 2021·Media Coverage·less than a minute
  • Claims Journal: Claims People: AF Group, Sedgwick and Cohen Ziffer

    January 6, 2021·Media Coverage·less than a minute
  • Property Casualty 360: Around the P&C insurance industry

    January 6, 2021·Media Coverage·less than a minute
  • Private Equity Wire: Insurance recovery specialist Robin Cohen launches new law firm

    January 6, 2021·Media Coverage·less than a minute
  • Bloomberg Law: McKool Smith Partners Leave to Form Insurance Recovery Practice

    January 5, 2021·Media Coverage·less than a minute
  • Reuters: McKool Smith insurance recovery leader takes partner group to launch boutique

    January 5, 2021·Media Coverage·less than a minute
  • Law360: Four Ex-McKool Partners Launch Insurance Coverage Firm

    January 5, 2021·Media Coverage·less than a minute
  • Business Insurance: Policyholder lawyers form new firm

    January 5, 2021·Media Coverage·less than a minute
  • The American Lawyer: 12-Lawyer McKool Smith Insurance Recovery Team Departs to Launch Boutique

    January 5, 2021·Media Coverage·less than a minute
  • Law360 reported “Celanese Blames Insurer for $14M Absestos Verdict”

    December 11, 2020·News·less than a minute
  • Law360 reported, “Excess Insurer Owes Pfizer Coverage for Securities MDL’

    September 1, 2020·News·less than a minute
  • Cohen Ziffer Lawyers Score High Marks in The Legal 500 (US) 2020 Edition

    June 22, 2020·News·less than a minute
  • Cohen Ziffer Lawyers Recognized in the 2020 Edition of Chambers USA

    April 23, 2020·News·less than a minute
  • Cohen Ziffer Lawyers Highly Ranked in the 2020 Edition of Benchmark Litigation

    October 28, 2019·News·less than a minute
  • Media Coverage: Cohen Ziffer Lawyers Secure Insurance Recovery Victory on behalf of Pfizer

    July 23, 2019·News·2 minute read
  • Cohen Ziffer Lawyers Recognized in 2019 Chambers Rankings

    April 29, 2019·News·less than a minute
  • Media Coverage: Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA

    August 1, 2018·News·less than a minute
  • Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA – Rules Settlement of Civil Disgorgement Claims Insurable Under New York Law

    July 31, 2018·News·2 minute read
  • Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA – It Rules Settlement of Civil Disgorgement Claims Insurable Under New York Law

    July 31, 2018·News·2 minute read
  • Kenneth Frenchman and Adam Ziffer Named “Insurance MVPs” by Law360

    December 20, 2017·News·2 minute read
  • Law360: Travelers Ordered To Cover Standard’s Charney Suit Defense

    August 22, 2017·News·less than a minute
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Secure $4.8 Million Computer Fraud Coverage for Medidata Solutions

    July 31, 2017·News·less than a minute
  • Law360: “Medidata Covered For $4.8M Computer Fraud, Judge Rules”

    July 24, 2017·News·less than a minute
  • Law360: TIAA Wins Partial Coverage For Class Action Settlements

    December 14, 2016·News·less than a minute
  • Law360: Retirement Provider’s Disgorgement Is Insurable, Judge Says

    November 3, 2016·News·less than a minute

Primary Sidebar

  • My Approach
  • Overview
  • Experience Highlights
  • Relevant Experience
  • Recognition and Rankings
  • Publications
  • News/Insights

Education

  • Fordham University School of Law (JD, 1995)
    • Editor, Moot Court Board
  • University of Florida (BS, 1992)

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
© 2025 Cohen Ziffer Frenchman & McKenna
  • Privacy Policy
  • Disclaimer
  • Sitemap
  • Contact Us
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok