133 Federal Street

Boston, MA 02110

(617) 439-9800

225 Broadway, Suite 1515

NY, NY 10007

(212) 493-3100

Pollack Solomon Duffy LLP

Barry S. Pollack

vcard

Barry_Pollack

(617) 439-9800 Ext. 1 (212) 493-3100

bpollack@psdfirm.com

High-Stakes Civil Litigation, Government Misconduct/White Collar Criminal Defense, SEC Matters, Shareholder Disputes, RICO Actions, False Claims Act Cases and Investigations, Lanham Act Matters, Healthcare Litigation, Employment Matters, Insurance Coverage, Family Law/Child Abductions

Practice Achievements

    • Lead counsel winning full acquittal in July 2017 for CEO of international seafood company in jury trial on federal charges of falsifying records, smuggling and conspiracy in the District of Massachusetts before United States District Judge William G. Young
    • Lead counsel winning three-week trial in Texas in which the jury returned a complete defense verdict for clients, a healthcare company, physician group and CEO, in a suit seeking more than $70 million on claims raising various issues concerning the Emergency Medical Treatment and Active Labor Act (EMTALA), Medicare, the corporate practice of medicine, and employee restrictive covenants
    • Obtained dismissal in the Southern District of New York, and affirmance in the United States Court of Appeals for the Second Circuit, of securities class action claims in excess of $20 million against corporate officers of an internet technology company arising from the alleged sale of unregistered securities
    • Lead trial counsel for party winning a then record-high $27 million jury verdict and a $38.3 million judgment on tort claims against a subsidiary of a Fortune 50 company in the Connecticut Complex Litigation Docket
    • Numerous successful representations of healthcare entities, physician groups, and healthcare providers in tort, employment and malpractice claims
    • Class action experience in healthcare, investment fraud and unfair competition matters
    • Lead trial counsel winning complete defense verdict for employer on ERISA claims
    • Precluded a securities class action plaintiff from enjoining a merger of public companies
    • In 2008, won a $10.5 million jury verdict as lead trial counsel on a “napkin” acquisition and employment contract claim by an executive against a large publicly-traded telecommunications company, in the United States District Court for the District of New Jersey
    • Internal investigation of major financial institution in response to allegations of $60 million fraud on investors
    • Representation of numerous executives in government investigations, SEC enforcement proceedings, and criminal trials
    • Representation of high profile white collar defendants in securities fraud prosecutions in various jurisdictions, including succesful dismissal of securities fraud counts, identity theft acquittal, and probation resolutions
    • Representation of an accountant in an alleged computer hacking case that resulted in avoiding felony charges and any restitution obligation
    • Obtained suppression of all evidence based on unlawful search and seizure, requiring dismissal of federal prosecution
    • Successfully represented numerous corporate officers against fiduciary duty-based claims
    • Global reputation in international child abduction matters

Professional and Community Activities

    • Professional Liability Underwriting Society
    • National Association of Criminal Defense Lawyers
    • American Bar Association
    • Director and Clerk, Massachusetts Society for the Prevention of Cruelty to Children

Honors

    • Assistant U.S. Attorney, 1995 – 1998
    • Chambers USA, Leading Lawyers, Litigation, White-Collar Crime and Government Investigations
    • SuperLawyers
    • AV rated
    • Lawyer of the Year, Massachusetts Lawyers Weekly
    • Child Advocate of the Year, MSPCC

Scholarship

    • Judge Inquiry Would Damage Courts, The Boston Globe (April 11, 2012)
    • Adverse Publicity, Rule 6(e), and Offline-Qualified Juries, ABA Criminal Litigation Newsletter
    • Managing and Reducing Outside Legal Expenses, New York Law Journal (April 9, 2009)
    • “Limitations on Censure Through Adverse Publicity,” Lawyers Weekly (August 28, 2006)
    • “Rethinking Guilt, Juries and Jeopardy,” (co-author) 91 Mich. L. Rev. 1 (1992)
    • “Saving Rights From a Remedy,” (co-author) 73 Bost. Univ. L. Rev. 147 (1993)
    • “Balancing the Fourth Amendment Scales,” (co-author) 45 Hast. L.J. 21 (1993)
    • Interviewed, Today Show in case involving International Child Abduction
    • Speaker, “Defending the White Collar Case,” sponsored by the NACDL
    • Speaker on intellectual property crimes
    • Distinguished Speaker on business ethics and compliance at UCLA Executive MBA Program
    • Commentator on regional and national news program

Bar Admissions

    • New York, 1992
    • California, 1993
    • Massachusetts, 1998
    • Supreme Court of the United States
    • U.S. District Court, District of Massachusetts
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Northern District of New York
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Central District of California
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the District of Columbia Circuit
    • U.S. Tax Court

Education

    • J.D., Rutgers University School of Law, 1992; Articles Editor, Rutgers Law Review
    • B.S., cum laude, State University of New York at Albany, 1987

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