Adine S. Momoh
Associate
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402
Practice Areas
- Antitrust
- Banking Litigation
- Bankruptcy Litigation and Corporate Restructuring
- Business and Commercial Litigation
- Class Action Litigation
- Creditors' Rights
- Insurance
- Transportation
- Trust and Estate Litigation
Industries
Adine Momoh is a trial attorney in the firm’s Business and Commercial Litigation group, where she focuses her practice on the areas of complex business and commercial litigation, securities litigation, estates and trusts litigation, and creditors’ rights and bankruptcy. As part of her bankruptcy practice, which has included Midwestern bankruptcies, as well as national bankruptcies in Delaware and California, Adine represents trustees to liquidating trusts by defending them from breach of fiduciary duty allegations, and represents creditors by both defending them from preference claims and fraudulent transfer actions and preparing proofs of claims and documents such as objections to plans of reorganization. Adine also represents Chapter 7 and Chapter 11 debtors and debtors-in-possession and has prepared, among other things, “First Day Motions,” employment and fee applications on the behalf of debtors, objections to determinations that a debtor’s case is a single asset real estate case under Bankruptcy Code §§ 101(51B) and 362(d)(3), plans and disclosure statements, and motions for orders authorizing authority to reject or assume executory contracts.
During law school, Adine was a member of the Warren E. Burger Inn of Court, and worked as a research assistant for Professor Afsheen John Radsan and Professor Richard Murphy. Adine was also recognized by the Minnesota Justice Foundation for devoting more than 50 hours to community service, received the 2009 Clinical Legal Education Association Outstanding Student Award for her work in the William Mitchell College of Law Civil Advocacy Clinic, and continues to be committed to providing pro bono legal services through the Leonard, Street and Deinard Legal Clinic. Adine received six CALI Awards for excellent academic achievement in legal studies, including Business: Agency, Partnerships, and LLCs; Employment Law; and Evidence.
In spring 2011, Adine left Leonard, Street and Deinard to serve as a law clerk to the Honorable Jeanne J. Graham of the U.S. District Court for the District of Minnesota at Judge Graham’s personal request. In the fall of that year, she returned to the firm.
In 2013, Adine was named a Fellow of the Leadership Council on Legal Diversity. She is one of 167 attorneys nationwide to be selected for this national leadership development program designed to increase diversity in the legal profession. Adine is also an active participant of Twin Cities Diversity in Practice, serving as a student mentor, participating as a mentee, and working on other diversity initiatives to attract, recruit, advance and retain attorneys of color in the Twin Cities legal community.
Before joining the firm as an associate, Adine worked at the firm as a summer associate in 2007 and 2008.
Professional and Civic Activities
- Director, Young Lawyers Division Board of Directors, Federal Bar Association
- Director, Board of Directors; Co-Chair, Law School Outreach Committee; Committee Member, Communications Committee, Federal Bar Association, Minnesota Chapter
- Director, Board of Directors; Co-Chair, Civil Litigation Section, Hennepin County Bar Association
- Director, Board of Directors, International Women’s Insolvency and Reorganization Confederation–Minnesota Network
- Committee Member, Leadership Committee, Minnesota Women Lawyers
- Committee Member, Membership Committee, Turnaround Management Association
- American Bar Association, Business Law Section
- Minnesota Association of Black Lawyers
- MN Black Women’s Network
- Minnesota State Bar Association, Business Law Section and Bankruptcy Section
- Risk Management Association
Experience
Representative Experience
Adine’s experience in written and oral advocacy covers an array of clients and matters in business and commercial litigation, estates and trusts litigation, and bankruptcy.
COMMERCIAL LITIGATION
- Successfully represented hotel franchisee in wrongful termination suit against franchisor where damages claim exceeded $9.0 million.
- Defended client in breach of contract/fraudulent representation matter.
- Obtained summary judgment on behalf of a Canadian grain warehouse in a North Dakota action, thereby defeating various claims concerning civil conspiracy, fraud and conversion.
- Lead associate in civil investigative demand matter brought by the Minnesota Attorney General’s Office.
- Defend financial services providers (broker-dealers, investment advisors, and large financial institutions) in various customer account and/or loan related litigation, in state and federal court as well as before the Securities Exchange Commission, involving, inter alia, claims of breach of fiduciary duty, breach of contract, violation of securities laws, violation of mortgage lending laws and other related claims with respect to a wide variety of investment vehicles, including equity and debt investments, affiliated mutual funds, commodities and insurance products.
- Represent Class I rail carrier in a multi-million dollar arbitration matter concerning an alleged breach of a railroad interchange agreement.
- Represent employees in unemployment compensation appeals before the Minnesota Court of Appeals.
ESTATES AND TRUSTS LITIGATION
- Pursued and defended numerous claims against corporate and individual trustees involving claims of breaches of fiduciary duty and trust mismanagement.
- Represented plaintiffs and defendants in numerous franchise/distribution disputes, including cases involving state franchise and dealer protection statutes.
- Represented beneficiary of estate worth approximately $3.2 million and reached favorable settlement, going from a 20/80 bargaining position to a 80/20 bargaining position in favor of the client based on solid arguments under Minnesota Law regarding (1) testamentary capacity and (2) undue influence.
- Represent out-of-state academic institution in will and trust contest where estate exceeds $700,000, and to date has successfully argued in opposition to a motion to dismiss and subsequent motion for summary judgment.
BANKRUPTCY
- Represented multiple lenders defending claims, including preference and fraudulent transfer claims, in excess of $3 billion in a Minnesota-based fraud case.
- Wrote various legal briefs, including portions of appellate briefs, on behalf of a successor liquidating trustee of a Delaware-based trucking company in a Chapter 11 bankruptcy that ultimately led to a $7.2 million verdict against the former trustee resulting from the trustee’s breach of fiduciary duties; the U.S. District Court for the Central District of California affirmed the verdict. Continue to represent the successor liquidating trustee in a variety of bankruptcy related matters, including a second appeal before the U.S. District Court for the Central District of California.
- Represent debtors, such as commercial real estate developers and restaurants, in Chapter 11 proceedings.
- Represent various creditors, including health carriers and health service providers, in defense of their respective administrative claims in Chapter 7 and Chapter 11 proceedings.
- Represent creditor in Chapter 13 bankruptcy matter where successes have included serving as first-chair attorney during federal trial and obtaining judgment after receiving winning ruling from the bench.
Publications
- Speaker, “How to Draft a Winning Complaint,” Hennepin County Bar Association, February 2013
- “Caveat Trade Vendor? Going Beyond Bankruptcy 101 to Add Value to Your ‘Client,’” 60 The Federal Lawyer 20, January 2013
- Speaker, “The Art and Strategy of Witness Preparation,” Hennepin County Bar Association, December 2012
- “A Time of Change: Judge Kathleen Hvass Sanberg Joins the Bench of the United States Bankruptcy Court,” 6 Bar Talk (Issue II) 4 (2012)
- “Minnesota Chapter Recognized by FBA for Presidential Excellence,” 6 Bar Talk (Issue II) 8 (2012)
- “Fifteenth Annual Thurgood A. Marshall Memorial Moot Court Competition Results,” 5 Bar Talk (Issue IV) 10 (2012)
- “2012 FBA Midyear Meeting Revisited,” 5 Bar Talk (Issue IV) 8 (2012)
- “‘Being Cursed to be Born in Interesting Times’: State of the Bankruptcy Court Address,” 5 Bar Talk (Issue II) 14 (2011)
- “Leading by Example: Minnesota Chapter Prominent at National Level,” 5 Bar Talk (Issue I) 13 (2011)
- “IP Practice: The Art of Trying Patent Jury Trials,” 4 Bar Talk 6 (2011)
- “FBA National President Ashley Belleau Hopes to Increase the FBA’s Value, Relevance and Visibility,” 4 Bar Talk 18 (2010)
- Speaker, “The Power of the Pen: Publish or Perish!” National Black Law Student Association’s 2010 Midwest Regional Convention, February 2010
- “Gaming the System: ‘Are You Saying If We Plead Guilty We Will Not Be Able to Be Sentenced to Death?’” 35 William Mitchell Law Review 5119 (2009)
- “The Need for International Environmental Law—A Comparison of United States’ and Canadian Responses to the Kyoto Protocol,” Tri-State Academy of Legal Studies in Business Proceedings (2005)
Publications and Presentations
Admissions
Education
- J.D., magna cum laude, William Mitchell College of Law, 2009
Mitchell Fellow
Managing editor, Journal of the National Security Forum, 2008-2009
Assistant editor, William Mitchell Law Review, 2008-2009
William Mitchell Trial Team, 2008-2009
American Association for Justice, 2009 National Trial Advocacy
Competition (semifinalist in regional competition) - B.A., summa cum laude, Business Administration—Legal Studies in Business; Psychology; and Pre-Law, University of St. Thomas, 2006
Aquinas Honor Scholar
2006 Delta Sigma Pi Scholarship Key recipient for graduating with the
highest GPA (4.00) at the University of St. Thomas Opus College of Business
Delta Epsilon Sigma
Psi Chi
First Place Outstanding Paper Award recipient in the 2005 Tri-State
Academy of Legal Studies in Business Student Paper Competition
Admissions
- State of Minnesota, 2009
- State of North Dakota, 2010
- District of Columbia, 2010
- U.S. District Court for the District of Minnesota, 2010
- U.S. Court of Appeals for the Eighth Circuit, 2010