Mr. Pollack is widely recognized as one of the preeminent trial lawyers in the country in the conduct of financial litigation, advising corporations on issues of corporate governance and advising executives on employment agreements and exit agreements.
Mr. Pollack received a B.A., magna cum laude, from Harvard College, received an M.A. in Philosophy, Politics and Economics from Oxford University and an LL.B. from Harvard Law School. He founded and headed a well-known boutique law firm, Pollack & Kaminsky, and combined that firm with McCarter & English in 2009. On May 2, 2012, Mr. Pollack was named New York’s Office Managing Partner of McCarter & English.
In 1979, representing Anchor Corporation, a large New Jersey-based mutual fund company, Mr. Pollack argued and won, in the Supreme Court of the United States, the landmark case on corporate governance in the mutual fund field, Burks v. Lasker. That case was the first to endorse the use of a Special Committee of Independent Directors as a vehicle for determining the appropriate course of action for a mutual fund company in litigation. Mr. Pollack returned to the Supreme Court of the United States in 1983, arguing the case of Daily Income Fund v. Fox, another mutual fund litigation.
Mr. Pollack was also the successful Lead Trial Counsel in three of the six mutual fund advisory fee cases that have been tried to judgment under Section 36 (b) of the Investment Company Act of 1940, including Schuyt v. Rowe Price Prime Reserve Fund (for T. Rowe Price), Kalish v. Franklin Advisors (for Franklin Resources) and Meyer v. Oppenheimer (for Oppenheimer Management). Mr. Pollack was the successful Lead Counsel in Smith v. Franklin Templeton Distributors (for Franklin Distributors), winning a dismissal of the case in June 2010 in the United States District Court for the Northern District of California. Currently, Mr. Pollack is serving as Lead Trial Counsel to Wells Fargo Bank in the defense of two class-action cases under the Truth in Lending Act. In one of the two cases, Mr. Pollack obtained summary judgment dismissing the action and later this year he will be arguing the appeal in the United States Court of Appeals for the Second Circuit.
In 2005 Mr. Pollack, acting on behalf of J. & W. Seligman, a mutual fund company, challenged New York Attorney General Elliot Spitzer by filing a lawsuit against him for exceeding his authority in the market-timing investigations. At the time of that lawsuit, The Wall Street Journal published an editorial entitled "Man Bites Dog" praising the courage of Seligman and Mr. Pollack for their willingness to stand up to Mr. Spitzer. Mr. Pollack first came to public notice early in his career in a lengthy trial on behalf of institutional commercial paper holders against Goldman Sachs arising out of the collapse of Penn Central. His groundbreaking work in that trial was chronicled in a book published last year on Goldman Sachs entitled "The Partnership."
In 2010, Mr. Pollack became Lead Trial Counsel for Wells Fargo in a long-pending series of three class actions under the Truth in Lending Act and the Fair Debt Collection Practices Act. The first of the cases is expected to be tried later this year.
In 2014, Mr. Pollack, in a prestigious and highly publicized appointment, was named by Judge Thomas P. Griesa, United States District Judge for the Southern District of New York, to serve as Special Master to conduct and preside over settlement negotiations in the litigation between the Republic of Argentina and its bondholders. The assignment is on-going and Judge Griesa has requested that Mr. Pollack continue to serve and attempt to effect a settlement notwithstanding the recent default by the Republic of Argentina.
During the course of his career, Mr. Pollack has tried over 20 civil jury trials to verdict and over 30 non-jury trials. He has appeared as appellate counsel in numerous federal and state appellate courts, is a Member of the Bar of the U.S. Supreme Court and is a Member of the Bar of the First, Second, Third, Fourth, Seventh, Ninth and Eleventh Circuits. He was elected a Fellow of the American College of Trial Lawyers in 1985. Representative corporate litigation clients have included T. Rowe Price Associates, Franklin-Templeton, AIM, Fidelity, Wells Fargo Bank, UBS Asset Management, PNC Advisors, PNC Bank N.A., J. & W. Seligman and AMERIPRISE.
Another aspect of his practice since 1990 has focused on representing senior corporate executives or corporations in exit and entry negotiations and agreements. In this context he has, in recent years, advised the CEO of Putnam, the CEO of Rockefeller & Co, the CEO of Dresdner Kleinwort and the CEO of HSBC, among others. Mr. Pollack serves as an Adjunct Professor at the University of Arizona Law School, teaching a seminar on “Negotiating Employment Agreements.” He is listed in the 2008-2014 issues of The Best Lawyers in America and is also listed in the 2006-2013 issues of New York Super Lawyers.
Mr. Pollack chairs the American Art Committee of the Harvard Art Museum, and is a Bryant Fellow of the Metropolitan Museum of Art in New York City.
Mr. Pollack is married to Susan F. Pollack, a graduate of Radcliffe College and Harvard Law School and Counsel to the law firm of Curtis Mallet-Prevost Colt & Mosle, LLP. Mr. and Mrs. Pollack have two adult children: a son who is a graduate of the Kellogg School of Management, Northwestern University and a daughter who is a graduate of Sloan School of Management, Massachusetts Institute of Technology.