Adam Gershenson

A former journalist who wrote for The New York Times, Adam has obtained extremely favorable outcomes in matters involving AI, competition, breaches of contract, false advertising, patents, trademarks, and trade secrets issues. In the trade secrets space, he is well known as one of the country’s top practitioners, serving as a trusted advisor to a wide range of companies in national and international disputes, and helping them design and implement programs to protect their most valuable confidential information. Adam is also a proven appellate attorney, drawing on his writing background to effectively advocate for clients at the U.S. Supreme Court, multiple state supreme courts, the U.S. International Trade Commission, and across federal appellate courts, including the Federal Circuit. He has drafted dozens of winning briefs before both trial and appellate courts, earning him repeat recognition in The American Lawyer’s “Litigator of the Week” column, and leading clients to note to Chambers USA that Adam “is a phenomenal litigator with incredible creativity and a diligence that is unmatched.”

Adam possesses deep expertise in artificial intelligence (AI) and regularly counsels clients active in this area. He is a member of Weil’s AI Task Force and served in a leadership role in a similar working group at his prior firm. More broadly, his clients have ranged from start-ups to Fortune 100 companies and other well-respected organizations, including in the biotech, data storage, energy, insurance, medical devices, social media, technology and transportation sectors, and even legislative bodies of the U.S. government and elected officials.

Adam’s notable experience includes*:

• Representing a pharmaceutical enterprise prosecuting international theft of the company’s trade secrets and winning affirmative summary judgment.
• Representing a medical device company in a $700 million trade secret dispute and winning a precedential, unanimous decision before the Federal Circuit.
• Defending an aerospace company accused of stealing next-generation technology and securing a complete, across-the-board victory.
• Representing the National Association of Realtors in a U.S. Supreme Court case regarding multiple listing services (MLSs) for homebuyers and sellers.
• Representing Pie Insurance in district court victories and successful Fifth Circuit appeals concerning a $300 million trade secret dispute.
• Representing the U.S. House of Representatives in cases across the U.S. seeking to enjoin rollbacks of service at the U.S. Postal Service prior to the 2020 presidential election.
• Representing Senate Democrats in their U.S. Supreme Court defense of the Affordable Care Act to protect healthcare coverage for hundreds of millions of Americans.
• Winning a major victory based on the confrontation clause of the U.S. Constitution, successfully advancing a Sixth Circuit habeas challenge establishing not only “the right to cross-examine” a witness, but also “the right to share with the jury the information the cross-examination reveals.”
• Securing freedom to operate at Boston Logan International Airport for Turo, a peer-to-peer car-sharing company, in a case that reached the Massachusetts Supreme Judicial Court.
• Representing Uber at trial and on appeal in a $750 million dispute and obtaining sweeping victories on all claims at the district court and in the First Circuit, earning recognition for the appellate win in The American Lawyer’s “Litigator of the Week” column.
• Representing CharityWatch in a U.S. Supreme Court case, 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.
• Successfully defending a data storage unicorn in EMC v. Pure Storage, a dispute concerning allegations of trade secret theft, unfair competition, and deceptive practices.
• Entering a case, National Fish & Seafood v. Tampa Bay Fisheries, after a court imposed a temporary restraining order and preliminary injunction, successfully arguing to have both orders dissolved and obtaining dismissal with prejudice.
• Representing a leading Agriculture Tech company and recovering stolen cell lines that both sides agreed reflected “Nobel Prize worthy” technology.
• Representing a market-leading life science company and securing injunctive relief in a dispute over confidential information.
• Representing a plaintiff in a trade secret case, SimpliVity v. Bondranko, securing an injunction and protecting the plaintiff’s confidential information from a competitor.
• Representing a defendant in a trade secret and trademark case, Profil v. Profil, defeating an injunction and ensuring the defendant’s freedom to operate.
• Securing dismissal of a class action lawsuit alleging deceptive conduct by an internet marketer.
• Earning a Supreme Court victory for inventors of a chemical compound behind a blockbuster pharmaceutical drug.
• Prevailing at trial for a top manufacturer of clean energy technology in an inventorship dispute.
• Winning dismissal of a patent infringement suit in the Eastern District of Texas for a top technology firm.
• Winning dismissal of a trademark infringement suit for a prominent social media and microblogging site.
• Garnering a highly favorable settlement of a Federal Trade Commission antitrust investigation for a Fortune 100 company.
• Drafting an amicus brief regarding hate crimes convictions that helped secure victory for prominent civil rights organizations at the Massachusetts Supreme Judicial Court.
• Earning victory at trial and before the U.S. Supreme Court to free five wrongly accused men from Guantanamo Bay prison.
• Securing dismissal of a purported class action for a car-sharing service.
• Designing trade secret protocols to protect confidential information for numerous high-growth and Fortune 100 companies.

*Includes matters handled prior to joining Weil

Adam is consistently recognized by leading industry publications as a preeminent litigator. He is currently ranked in Band 1 by Chambers USA for General Commercial Litigation, where clients have remarked that he “provides great legal counsel,” praised his “great leadership helping analyse and strategise on cases,” and noted that he “has a breadth of knowledge regarding the local federal judges and how to approach issues.” Legal 500 currently ranks Adam nationally as a “Leading Partner” in Trade Secrets, and recommends him for General Commercial Disputes.

Adam has served as Co-Chair of the American Bar Association Intellectual Property Law Section’s Joint Task Force on Model Trade Secret Practice, and remains a voting member on its Trade Secrets and Interferences with Contracts Committee. He’s also a member of the Sedona Conference Trade Secrets Working Group, the American Intellectual Property Law Association, the Intellection Property Owners Association, and the Boston Bar Association.

Before joining Weil, Adam was Co-Chair of the Issues & Appeals group at another major global law firm. He also is a former Special Assistant District Attorney for Middlesex County, where he obtained significant courtroom experience and successfully first-chaired multiple trials.

Prior to entering private practice, Adam clerked for Judge Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.