- Ohio, 2005
- U.S. District Courts:
- Northern District of Ohio, 2005
- Southern District of Ohio, 2017
- Western District of Michigan, 2005
- U.S. Court of Appeals, 6th Circuit, 2009
- U.S. Supreme Court, 2017
- Hon. Jack Zouhary of the U.S. District Court, Northern District of Ohio.
University of Toledo College of Law, J.D. magna cum laude, 2005
The Ohio State University, B.A. (Music), 2002
“Government investigations are rife with pitfalls -- experienced representation is essential to navigate the situation to a positive outcome.”
Adam S. Nightingale provides legal representation and crisis management for companies, health care/medical providers and other individuals subject to government investigations and prosecutions. He also assists his clients in responding to subpoenas and civil investigative demands from federal and state regulatory and law-enforcement agencies, including the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) and Department of Health and Human Services (HHS). Additionally, he represents companies and individuals who have been victimized by, or witnesses to, white collar crime.
In addition to his investigations practice, Mr. Nightingale represents businesses and individuals in complex business and commercial litigation matters, including the pursuit of insurance coverage and fraud recovery. Further, he is experienced in the areas of legal malpractice defense, franchise litigation and a wide variety of general litigation matters. With a broad array of litigation experience, Mr. Nightingale enjoys suggesting ways clients can avoid the cost, publicity and stress of government investigations and commercial litigation by instituting protocols and addressing problems before they occur. Mr. Nightingale is a member of Eastman & Smith.
After receiving a bachelor of arts in music from The Ohio State University in 2002, Mr. Nightingale graduated magna cum laude from the University of Toledo College of Law in 2005. During law school, he served as assistant executive editor of the University of Toledo Law Review and externed for two semesters in the chambers of the Hon. Judge David A. Katz of the U.S. District Court, Northern District of Ohio. After law school, Mr. Nightingale served as the first judicial law clerk to the then-newly-appointed Hon. Jack Zouhary of the U.S. District Court, Northern District of Ohio.
Mr. Nightingale has presented at various seminars on topics including electronic discovery, protective orders, professionalism and litigation of high-profile cases.
Examples of Mr. Nightingale's legal experience, as either lead or assisting counsel, include:
- Government Investigations
- Obtained a not guilty verdict after a federal jury trial for a military veteran charged with a National Firearms Act registration offense.
- Obtained a full dismissal for a client charged in a federal indictment after a successful motion to suppress key evidence.
- Negotiated a favorable pre-indictment resolution for a client investigated in connection with an alleged multi-million-dollar mortgage fraud scheme.
- Negotiated a favorable post-indictment resolution for a client charged in connection with an alleged multi-million-dollar Ponzi scheme.
- Represented a defendant in a three-week federal criminal trial involving an alleged $23 million wire fraud.
- Represented a pharmaceutical manufacturer in administrative license-revocation proceedings initiated by the U.S. Drug Enforcement Agency.
- Represented an executive in an internal investigation involving potential liability under the Foreign Corrupt Practices Act.
- Assisted numerous clients in responding to subpoenas and civil investigative demands (CIDs) from federal, state, and local investigative agencies.
- Commercial and Franchise Litigation
- Obtained a temporary restraining order and permanent injunction on behalf of a local business arising from trademark infringement and violation of the Ohio Deceptive Trade Practices Act.
- Represented a national franchising company in litigation regarding termination of the company's food distributor.
- Represented a Big Three automaker in post-bankruptcy arbitration proceedings with terminated dealers.
- Insurance Recovery
- Member of attorney team that obtained a reversal in the Ohio Supreme Court of a denial of insurance coverage for injured members of a university baseball team under three university insurance policies totaling $21 million in insurance coverage.
- Represented a Fortune 500 company in a suit against its insurance company for breach of a multi-million-dollar settlement agreement.
Honors & Affiliations
- American Bar Association
- Ohio State Bar Association
- Ohio State Bar Foundation (fellow)
- Toledo Bar Association (member, Board of Directors)
- Toledo Junior Bar Association (past president)
- University of Toledo College of Law Alumni Affiliate (past-president)
- Northern District of Ohio Advisory Group
- Toledo Rotary
- Leadership Toledo (2017 graduate)
- Toledo Jazz Orchestra (Board of Directors)
Honors & Awards
He has been named an Ohio Rising Star by Ohio Super Lawyers in 2010, 2012 and 2014-2019. In 2020 the magazine named him an Ohio Super Lawyer.
Publications & News
- December 4, 2019
- July 10, 2019
- January 2, 2019
- December 5, 2018
- October 22, 2018
- December 6, 2017
- December 2, 2016
- September 1, 2016
- January 21, 2016