Barry S. Pollack

Attorney Profile

Top Rated White Collar Crimes Attorney in Boston, MA

Pollack Solomon Duffy LLP
101 Huntington Avenue, Suite 530
Boston, MA 02199
Phone: 617-600-6920
Fax: 617-960-0490
Selected to Super Lawyers: 2005 - 2021
Licensed Since: 1998
Practice Areas: Criminal Defense: White Collar (40%), Business Litigation (40%), Estate & Trust Litigation (10%), Closely Held Business (10%)
Attorney Profile

Attorney Barry S. Pollack is a partner with Pollack Solomon Duffy LLP law firm, which has law offices in Boston, Massachusetts, and New York, New York. A nationally ranked trial lawyer with more than 28 years of legal experience, Mr. Pollack provides unmatched counsel and support to a diverse range of clients throughout Massachusetts and New York who have legal needs involving any of the following areas:

· Criminal defense for federal and white collar crimes

· Civil and corporate litigation

A former assistant U.S. attorney and federal prosecutor, Mr. Pollack has invaluable insight into the criminal justice system, and he has achieved remarkable success protecting the rights and interests of his clients while helping them achieve the favorable outcomes they seek for their complex legal challenges. Along with handling dozens of federal criminal cases and white collar crimes, he has also deftly taken on numerous complex civil litigation matters, including SEC issues, shareholder disputes, employment law matters, insurance coverage disputes and even family law and child abduction cases.

No matter what his clients' issues are, Mr. Pollack provides highly personalized counsel at all turns as he aggressively pursues the positive results his clients expect and deserve. Honored for his outstanding professionalism and service, he is AV Preeminent peer-review rated,* the highest rating, through Martindale-Hubbell, and he has received recognition from Chambers USA in the category of Litigation: White-Collar Crime & Government Investigations.

In addition, Mr. Pollack has received the Lawyer of the Year award from Massachusetts Lawyers Weekly, and he has received many other top rankings and endorsements from his peers. He has also earned the Child Advocate of the Year award from the Massachusetts Society for the Prevention of Cruelty to Children.

A 1987 cum laude graduate of the State University of New York, Albany, Mr. Pollack obtained his juris doctor degree from Rutgers School of Law in 1992. While there, he served as articles editor of the Rutgers Law Review. He holds his license to practice in New York, California and Massachusetts, and he is admitted to practice before all U.S. District Courts in New York as well as for the District of Massachusetts and the Central District of California.

Moreover, he holds his admission to practice before the U.S. Court of Appeals for the 1st, 2nd, 3rd, 9th, 11th and District of Columbia Circuits as well as before the U.S. Tax Court. He is an active member of the National Association of Criminal Defense Lawyers, the American Bar Association and the Professional Liability Underwriting Society, and he has served as director and clerk of the Massachusetts Society for the Prevention of Cruelty to Children.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Practice Areas
  • 40%Criminal Defense: White Collar
  • 40%Business Litigation
  • 10%Estate & Trust Litigation
  • 10%Closely Held Business
Focus Areas

White Collar Crime, Criminal Law - Federal, Trade Secret, Non-Compete Agreements

Selections

17 Years Super Lawyers
  • Super Lawyers: 2005 - 2021

About Barry S. Pollack

Admitted: 1998, New York

Professional Webpage: https://www.psdfirm.com/the-team/barry-s-pollack/

Verdicts/Settlements

  • Class Action Achievements:  · Appointed lead counsel for named plaintiff, Kenneth Carr, in class action brought by New England founder of medical device company obtaining approval of settlement in Delaware Chancery Court valued as if a sale of the company had occurred at more than $300 million, and establishing novel application of Revlon duties in the context of the sale of an option.  https://www.delawarelitigation.com/2018/03/articles/chancery-court-updates/chancery-discusses-revlon-in-context-of-granting-option-to-sell-company/    · As lead defense counsel, in September 2016, successfully resolved class action claims seeking more than $50 million against national investment manager, Resurgence Asset Management, LLC, without any out-of-pocket contribution by client. https://sterlingchemicalssettlement.com/Content/Documents/Stipulation%20of%20Settlement.pdf · On February 23, 2021, appointed lead counsel for lead plaintiff group in federal securities class action involving national architectural firm EYP, arising from alleged misuse of ESOP launch to defraud equity holders. https://apnews.com/press-release/pr-newswire/lawsuits-legal-proceedings-law-and-order-class-action-lawsuits-56eda932f6ea7d085a70c21af38fde33
  • Appellate Wins: · On March 19, 2019, won affirmance for healthcare company with presence in Massachusetts, in the Eleventh Circuit, enforcing a sanctions award in excess of $422,000 against the attorneys for a plaintiff based on their use of materials that their client had misappropriated from the healthcare company. · On April 10, 2020, won appeal of summary judgment ruling won as lead trial counsel in the United States District Court for the District of Massachusetts, which  had dismissed all claims against client Great American Insurance Company, finding denial of insurance coverage correct on insured versus insured clause. https://law.justia.com/cases/federal/appellate-courts/ca1/19-1826/19-1826-2020-04-10.html · On October 17, 2019, won affirmance of grant of summary judgment in contract action brought by private equity fund client, Resurgence Asset Management, LLC, against former portfolio manager. https://law.justia.com/cases/new-york/appellate-division-first-department/2019/10109-651737-12.html
  • Trade Secret Success: · On October 16, 2019, obtained dismissal of all claims against private equity fund and portfolio company clients (Scopia Capital, LP and Community Based Care,LLC) arising from an alleged misappropriation of trade secrets, seeking more than $60 million in treble damages.  https://www.delawarelitigation.com/2018/03/articles/chancery-court-updates/chancery-discusses-revlon-in-context-of-granting-option-to-sell-company/
  • False Claims Act / Qui Tam Success: · On October 2, 2018, obtained complete dismissal of all federal False Claims Act claims in a qui tam action brought against certain corporate officers and their organization that provided employment placement; workforce development and training; health education; citizenship and legal services; and financial, language, and literacy training to Latino and immigrant communities, in US, ex rel, Potter v. Casa de Maryland.
  • $10.5 million jury win on contract claim in District of New Jersey, 2008
  • RICO Victory: · Successfully represented one of the largest plaintiffs’ law firms in Boston (Law Offices of Jeffrey S. Glassman), obtaining dismissal, without any payment by client, of all claims in federal RICO action brought by Metropolitan Property & Casualty Insurance and Commerce Insurance Company, seeking more than $10 million in treble damages before the Honorable Leo Sorokin in the United States District Court for the District of Massachusetts. The case generated numerous opinions about the insurance companies’ discovery misconduct.
  • Bench Trials: · Successfully served as lead trial counsel in month-long federal bench trial, in November and December 2020, representing real estate management company, DGI-BNSF Corp., concerning rights to funds escrowed with agent in Massachusetts, expected to exceed $150 million, leading federal judge to comment after closing arguments that principals of client were credible, and commenting that opposing party’s lead witness lacked credibility, resulting in a resolution that recognized client’s contractual position. · Prevailed as lead trial counsel for New England-based agricultural fund manager, Teucrium Trading, LLC, in a bench trial resulting in a finding that the plaintiff failed to show even a credible basis for accusing management of misconduct. https://www.law360.com/articles/1272725/ag-fund-s-ex-ceo-loses-most-of-document-bid-in-chancery
  • White Collar Jury Trials/Results:  · On July 31, 2017, as lead trial counsel, Barry Pollack won a high-profile acquittal for his client, Robert Kliss, the owner of North Atlantic Traders (with connections , the then-largest exporter of Bluefin tuna on all five federal felony counts (alleging environmental crimes and conspiracy charges) pending before the Honorable William G. Young in the United States District Court for the District of Massachusetts. The jury deliberated for about one hour, after a week-long trial and four-and-a-half year investigation by the DOJ and National Oceanic and Atmospheric Administration.  https://www.nationalfisherman.com/northeast/mass-fish-broker-cleared-alleged-bluefin-smuggling-scheme (“’This is a case the government never should have brought,’ said Kliss’s Attorney Barry Pollack in an interview….”) · Successfully led the representation of the largest national youth soccer events company (Global Premier Soccer), based in Waltham, Massachusetts, avoid federal criminal charges, while former executives have been convicted of federal immigration and obstruction-of-justice offenses in 2020 and 2021. · In 2016, won acquittal as lead counsel of former CFO on aggravated identity theft charges, in decision issued after a jury trial in US v. Fields, in the United States District Court for the District of Massachusetts, and successfully limited sentencing on other charges to the term offered by the government in a pre-trial plea agreement. · Successfully avoided charges against a target of the 2019 federal investigation into college admissions scandal
  • $1.5 million jury verdict on quantum meruit claim, 2005
  • $27 million jury win in Connecticut Complex Litigation Docket, in case against subsidiary of Fortune 50 company, 2005
  • Full defense verdict win in jury trial in Texas, in Williams v. EDCare Mgt., Inc., rejecting plaintiffs' claims for more than $60 million, 2009

Educational Background

  • State University of New York at Albany, B.S., cum laude, 1987

Bar/Professional Activity

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

Scholarly Lectures/Writings

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

Honors/Awards

  • , AV Rated, Martindale-Hubbell
  • Lawyers of the Year Award, Lawyers Weekly, 2005
  • , Super Lawyers
  • , Chambers USA, Leading Lawyers, Litigation, White-Collar Crime and Government Investigations
  • Child Advocacy Award, MSPCC, 2001

Other Outstanding Achievements

  • AUSA, District of New Jersey, 1995

Pro bono/Community Service

  • Chair, S&W International Child Find Program, 2007

Industry Groups

  • Whistleblower
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Office Location for Barry S. Pollack

101 Huntington Avenue
Suite 530
Boston, MA 02199

Phone: 617-600-6920

Fax: 617-960-0490

Last Updated: 5/5/2021

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