Court Clears Path to File ERISA Breach of Fiduciary Claims against Individual Fiduciaries

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Samuel J. Adams
Of CounselSamuel J. Adams became an Associate at Pomerantz in January 2012 and was elevated to Of Counsel to the Firm in 2021. He has been recognized as a Super Lawyers® “Rising Star” every year from 2015 through 2024 and was recognized as a “Super Lawyer” in 2025 and 2026.
Sam focuses his practice on corporate governance litigation and has served as a member of the litigation team in numerous actions that concluded in successful resolutions for stockholders. He was an integral member of the litigation team at Pomerantz that obtained a $17.5 million cash settlement on behalf of Douglas Elliman in Strougo v. Lorber, et al., C.A. No. 2025-1323-LWW (Del. Ch.). The settlement of that stockholder derivative action also included substantial governance reforms, including the expansion of the Douglas Elliman Board with two new independent members. Sam was also a key member of the litigation team that challenged the 2020 merger between DiamondPeak Holdings Corp. and Lordstown Motors Corp, ultimately securing a $15.5 million recovery for DiamondPeak’s public stockholders. Sam was co-counsel for plaintiffs in stockholder derivative litigation that culminated in a $9 million recovery on behalf of nominal defendant Becton Dickinson and significant governance reforms, including enhanced oversight designed to prevent regulatory compliance violations and product-related issues. In re Becton, Dickinson and Company Stockholder Derivative Litigation, No. 2:20-cv-15474-SRC-CLW (D.N.J.). In addition, Sam, as co-counsel, secured a groundbreaking settlement on behalf of Qurate Retail, Inc., consisting of the reimposition of a call right for which Qurate’s predecessor paid $150 million in 1998, an agreement that one of the individual defendants would leave the Qurate Board of Directors, and enhanced independent oversight at the company. In Re Qurate Retail, Inc. Derivative Litigation, C.A. No. 2021-1116-SG (Del. Ch.). Sam was also an integral member of the Pomerantz litigation team that secured a $5.6 million settlement on behalf of a class of shareholders of Physicians Formula Holdings, Inc. following an ignored merger offer. In re Physicians Formula Holdings, Inc. S’holder Litig., C.A. No. 7794-VCL (Del. Ch. Ct.).
Sam is a 2009 graduate of the University of Louisville Louis D. Brandeis School of Law. While in law school, he was a member of the National Health Law Moot Court Team. He also participated in the Louis D. Brandeis American Inn of Court.
Show MoreCredentials
Education
- University of Louisville Louis D. Brandeis School of Law
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- Juris Doctor
- New York
- United States Court of Appeals for the Fifth Circuit
- United States District Courts for the Southern, Northern, and Eastern Districts of New York
- Eastern District of Wisconsin
Accolades
- Super Lawyers® Rising Star (2015-2021)