BARRY S. POLLACK
bpollack@zag-sw.com

Barry S. Pollack is a partner in the Litigation Department of our Boston office and leader of the firm's Government Investigations & White Collar Defense Group. Mr. Pollack is a former federal prosecutor focusing his national practice on representing parties in government investigations, securities litigation, class and collective actions, professional liability defense, and other commercial disputes at trial and appellate levels. He has conducted internal corporate investigations and represented targets, victims, witnesses or the government in numerous criminal and regulatory investigations and prosecutions in various jurisdictions. He has won jury verdicts and appeals in contract, tort and criminal actions, as well as bench trials and appeals in international child abduction cases. Mr. Pollack previously served as an Assistant United States Attorney for the District of New Jersey.

·Served as lead counsel at a three-week trial in Texas in which the jury returned a complete defense verdict for our healthcare clients in a suit by a competitor seeking more than $70 million on tortious interference claims raising various issues concerning the Emergency Medical Treatment and Active Labor Act (EMTALA), Medicare and the corporate practice of medicine

·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

·In 2008, won a $10.5 million jury verdict as lead trial counsel on a “napkin” acquisition contract claim by an executive against a large publicly-traded telecommunications company, in the United States District Court for the District of New Jersey

·Precluded a securities class action plaintiff from enjoining a merger of public companies

·Advised clients on remedies against financial institutions in connection with the sale of auction rate securities

·Representation of largest victim investor who uncovered fraud in WexTrust securities receivership arising from $255 million Ponzi scheme

·Internal investigation of major financial institution in response to allegations of $60 million fraud on investors

·Representation of corporate officers of a technology company in an investigation by the SEC resulting in no formal action

·Representation of high profile defendant in insider trading prosecution in Texas resulting in dismissal of securities fraud counts and a term of probation

·Representation of an accountant in an alleged computer hacking case that resulted in avoiding felony charges and any restitution obligation

·Representation of the vice president of a technology company who had been named as the target of a federal criminal investigation, since terminated, into the alleged theft of trade secrets

·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

·New York, 1992

·California, 1993

·Massachusetts, 1998

·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. Tax Court

·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

·Supreme Court of the United States

·"Manchester Dad Sues to Get Sons Back From Egypt," Gloucester Daily Times (quoted) (February 16, 2010)

·"Associates Provide Pro Bono Help to Untangle Family Kidnapping Cases," The National Law Journal (quoted) (April 10, 2009)

·"Managing and Reducing Outside Legal Expenses," New York Law Journal (April 9, 2009)

·"Federal Judge asks Law Firm to Explain Billing in Securities Case," The National Law Journal (quoted) (December 22, 2008)

·"Civil or Criminal Securities Fraud - A Blurry Line," Law360.com (October 17, 2008)

·"Limitations on Censure Through Adverse Publicity," Massachusetts 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)

·Chambers USA, Leading Lawyer in Litigation: White-Collar Crime & Government Investigations (2010)

·Selected as one of the Top Ten Lawyers of the Year by Massachusetts Lawyers Weekly (2005)

·Massachusetts Super Lawyers (2005-2009)

·AV Rated, Martindale-Hubbell Law Directory

·2001 Child Advocate of the Year Award at annual charity reception at the federal courthouse

·Speaker, "Defending the White Collar Case," sponsored by the National Association of Criminal Defense Lawyers (NACDL)

·Speaker on intellectual property crimes

·Distinguished Speaker on business ethics and compliance programs at UCLA Executive MBA Program

·Commentator on regional and national news programs

·Professional Liability Underwriting Society

·National Association of Criminal Defense Lawyers

·Director and Clerk, Massachusetts Society for the Prevention of Cruelty to Children

·Boston Bar Association

·Commentator and guest appearances on CNN and various local network news programs

·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