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Adam Gershenson

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agershenson@cooley.com

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Adam Gershenson is an established courtroom lawyer who helps companies win trade secret disputes, class actions and complex cases. At trial and on appeal, he has successfully represented clients in bet-the-company matters involving unfair competition, false advertising, patents, trademarks and trade secrets. In his appellate practice, Adam has represented clients at the United States Supreme Court, multiple state Supreme Courts, and circuit courts including the Federal Circuit.  He has secured significant victories in cases concerning breaches of contract and constitutional rights, including high-stakes disputes involving the First Amendment and has been recognized multiple times in the AmLaw column Litigator of the Week. As a trusted advisor, Adam has designed programs to protect the most valuable confidential information of some of the world’s most sophisticated companies. He is co-chair of the ABA-IPL Joint Task Force on Model Trade Secret Practice and recognized as a key lawyer in Cooley's trade secret practice by Legal 500.

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Experience

  • Representing CharityWatch in Supreme Court Dispute 

  • Representing United States House of Representatives in Dispute over Election-Year Postal Delays 

  • Cooley Pens Supreme Court Amicus Brief Supporting ACA 

  • Major Habeas Victory Based on Confrontation Clause 

  • Representing Uber in Appellate Defense of Trial Victory 

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Practices & Industries
Passions

    Team sports (real and fantasy)

    Languages

    Family

Education

  • Harvard Law School
    JD, cum laude, 2007

  • Boston University
    MA, Fiction Writing, Honors Thesis
    2002

  • Columbia University
    BA, Literature Writing
    magna cum laude, 1994

Admissions & Credentials

Massachusetts

New York

Media & Insight
Memberships

  • American Bar Association Joint Task Force on Model Trade Secret Practice, Co-chair

  • American Bar Association Trade Secrets and Interferences with Contracts Committee, Voting Member

  • Sedona Conference Trade Secrets Working Group

  • American Intellectual Property Law Association

  • Intellectual Property Owners Association

  • Boston Bar Association

Rankings & Accolades

    Legal 500: Trade Secrets (Litigation and Non-contentious Matters)

Experience

  • Represented Senate Democrats in successful Supreme Court defense of the Affordable Care Act to protect health care coverage for hundreds of millions of Americans
  • Represented the US House of Representatives in cases across the country seeking to enjoin rollbacks of service at the United States Postal Service prior to the 2020 presidential election.
  • Representing Turo, a peer-to-peer car sharing company, seeking freedom to operate in disputes with airports in California, Florida and Massachusetts
  • MacCausland v. Uber – Secured dismissal of purported class action alleging unfair competition
  • Represented Uber at both trial and on appeal in $750M dispute and obtained sweeping victories on all claims at both the district court and the First Circuit. Earned recognition for the appellate win in the AmLaw column, Litigator of the Week.
  • Represented CharityWatch in the Supreme Court case, In Americans for Prosperity Foundation v. Rodriquez, to preserve regulations that compel the disclosure of information from major donors to public charities and to help donors make informed decisions
  • EMC v. Pure Storage – Successfully defended data storage unicorn in dispute concerning allegations of trade secret theft, unfair competition, and deceptive practices
  • National Fish & Seafood v. Tampa Bay Fisheries – Entered case after court imposed a temporary restraining order and preliminary injunction; successfully argued to have both orders dissolved, and obtained dismissal with prejudice.

Contact

agershenson@cooley.com

+1 617 937 2379

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