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Mark D Pollack

Partner, Litigation Department and General Counsel
Chicago
71 South Wacker Drive
Suite 4500
Chicago, IL
60606
United States

Fax: 1(312) 499-6150

Overview

Mark D. Pollack is a partner in the Litigation practice of Paul Hastings and is based in the Chicago office. He serves as the firm's General Counsel. Mr. Pollack concentrates his practice in the areas of white-collar criminal defense, complex commercial litigation, internal corporate investigations, and compliance counseling. He has extensive experience in counseling and defending corporations, boards of directors, and executive officers in relation to a broad range of issues, including the defense of grand jury investigations, SEC and other regulatory probes, securities class action defense, and qui tam litigation. He regularly advises corporate officers and directors with respect to issues involving financial reporting and related disclosures, the adequacy of internal controls and compliance programs, and the assessment of litigation and regulatory risks associated with potential M&A transactions.

Before joining Paul Hastings, Mr. Pollack served for eight years as Arthur Andersen's general counsel, responsible for managing the firm's multi-faceted wind-down activities. In that capacity, Mr. Pollack served as the principal counsel and strategic advisor to Andersen's board and executive management team and actively supervised Andersen's largest litigation challenges, including the appeal giving rise to the Supreme Court's reversal of the firm's 2002 conviction for obstruction of justice as well as the successful resolution of numerous multi-billion dollar securities class action lawsuits and professional liability claims.

Prior to Andersen, Mr. Pollack was co-chair of the white collar practice at another international law firm, where he developed extensive expertise representing numerous corporations, directors and officers in defense of government investigations and prosecutions. Mr. Pollack regularly represented corporate boards, special litigation committees and board audit committees in connection with DOJ, SEC and other governmental probes and often led internal investigations for a broad array of corporate clients. Mr. Pollack regularly conducted internal investigations and developed corporate compliance plans, with a particular focus on clients in the pharmaceutical and healthcare industries.

Mr. Pollack began his litigation practice as an Assistant U.S. Attorney in Chicago, where over seven years he became a supervisor in that office and participated in more than 20 federal jury trials and 50 appeals to the 7th Circuit, including the fraud and corruption prosecution of the former governor of Illinois and a multi-year undercover investigation and prosecution of fraudulent trading practices at Chicago's futures exchanges. Mr. Pollack received several awards from the Department of Justice in recognition of his superior performance as a federal prosecutor.

Mr. Pollack has written and lectured frequently on matters relating to corporate governance, white-collar criminal defense, and internal corporate investigations.

Mr. Pollack graduated with highest distinction from the University of Michigan in 1981 and obtained his J.D. degree, magna cum laude, from the University of Michigan Law School in 1984. From 1984-85, Mr. Pollack served as law clerk to the Honorable Stephen Reinhardt, United States Court of Appeals for the Ninth Circuit. He is a member of the bar of the State of Illinois, of the United States Supreme Court and of several federal district and appellate courts.

Education

  • University of Michigan Law School, J.D., 1984

  • University of Michigan Ann Arbor, B.A., 1981

Speaking Engagements

  • Co-Chair and Moderator, PLI Conference, Internal Investigations 2020, Chicago, IL, October 2020 (forthcoming)

  • Co-Chair and Moderator, PLI Conference, Internal Investigations 2019, Chicago, IL June 2019

  • Moderator and Contributing Author, PLI Conference, Internal Investigations 2016, Chicago, IL June 2016

  • Author, "The Uncertain Implications of Luis v. United States," BNA Criminal Law Reporter, May 19, 2016

  • Panelist, The Panama Papers: Understanding the Disclosure and its Implications, Paul Hastings Client Roundtable, Seoul, Korea, May 2016

  • Moderator and Contributing Author, Chicago Law Bulletin, Annual White Collar Crime and Corporate Governance Conference, Chicago, IL April 2016

  • Moderator and Contributing Author, PLI Conference, Internal Investigations 2015, Chicago, IL June 2015

  • Speaker and Contributing Author, Annual Securities Litigation & Enforcement 2015 Update, Sandpiper Partners, Chicago, IL, April 2015

  • Moderator and Contributing Author, PLI Conference, Internal Investigations 2014, Chicago, IL June 2014

  • Moderator and Contributing Author, Chicago Law Bulletin, Annual White Collar Crime and Corporate Governance Conference, Chicago, IL, April 2014

  • Moderator and Contributing Author, PLI Conference, Internal Investigations 2013, Chicago, IL June 2013

  • Moderator, Navigant Legal Roundtable, Navigating the Minefield of Whistleblower Claims, Chicago, IL, June 2013

  • Author, "Ruling Dramatically Expands Scope of Whistleblower Protections Under Sarbanes-Oxley," Financial Fraud Law Report, May 2013

  • Speaker and Contributing Author, Chicago Law Bulletin, Annual White Collar Crime and Corporate Governance Conference, Chicago, IL, April 2013

Recent Representations

  • Lead counsel for a Fortune 100 global technology firm in connection with numerous pending litigated and arbitrated disputes involving scope and application of contractual restrictive covenants essential to planned business expansion

  • Lead counsel to a global manufacturing conglomerate in defense of pending international arbitration concerning patent rights and alleged violation of non-solicitation provisions

  • Lead counsel to a domestic subsidiary of global cosmetics firm in defense of class action litigation involving alleged violation of Illinois Biometric Privacy statute

  • Lead counsel to board audit committees of multiple public companies in connection with internal investigations into the adequacy of financial reporting and related internal controls, and in the defense of ongoing SEC and DOJ probe investigations related thereto

  • Lead advisor to multiple private equity firms in connection with litigation defense and related strategies concerning claims involving varied portfolio companies across multiple industries

  • Lead counsel for a global consumer electronics firm in defense of Lanham Act and misappropriation of publicity claims

  • Lead counsel to an automobile dealership in defense of grand jury investigation of alleged lender fraud

  • Lead counsel to a national tax services provider in connection with internal investigation of fraud claims against former principals

  • Lead counsel to a national power company in connection with post-acquisition disputes with acquired entities

  • Lead counsel to a global medical products company in connection with contractual disputes with regional distributors

  • Retained as Special Litigation Counsel by Bankruptcy Trustee to evaluate and pursue claims associated with $200m+ misappropriation of customer funds by CEO of futures trading firm

  • Lead counsel to a global manufacturing conglomerate in connection with internal investigation and compliance training regarding alleged trade secret misappropriation

  • Lead advisor to General Counsel of a multi-national chemical company with respect to proactive risk mitigation and litigation strategies

  • Lead counsel to the Special Board Committee of multi-state service provider for developmentally disabled patients in connection with internal investigation and resolution of related whistleblower claims

  • Lead counsel for the COO of a healthcare services provider in defense of qui tam fraud suit

  • Lead counsel to a multi-state hospital network in successful resolution of Medicare/Medicaid billing dispute

  • Lead counsel to a healthcare revenue management firm in defense of qui tam litigation and related federal grand jury investigation into billing practices

  • Lead counsel to the CEO of a Fortune 50 drugstore chain in connection with an SEC investigation of and parallel civil litigation relating to financial reporting/disclosure issues

  • Lead counsel to a medical products manufacturer in connection with varied distributor and competitor disputes

  • Co-lead counsel on behalf of a Korea-based chemical company in defense of civil and criminal charges relating to alleged trade secret misappropriation

  • Lead counsel to a multinational automotive parts manufacturer in defense of U.S. and foreign-based litigation

  • Lead counsel to the Board Audit Committee Chairman in successful defense of an SEC investigation of alleged violation of auditor independence rules

  • Lead counsel to the Board Audit Committee regarding investigation/governance procedures following allegations of financial statement irregularities

  • Principal advisor to AALLP Board regarding wind-down strategy, litigation, and business matters

  • Represented a global airline as trial counsel in contested bankruptcy proceedings to reject collective bargaining agreements with multiple unions

  • Lead trial counsel for a global conglomerate in successful defense of post-judgment enforcement proceedings involving a near $1bn dispute

  • Represented numerous private equity firms and portfolio companies in litigation/dispute resolution in various M&A related disputes

  • Represented chain of physical therapy service providers in defense of unfair competition/deceptive practices complaint

  • Represented attorneys/legal aid organization in defense of state disciplinary commission inquiry

  • Advised practice leaders of global accounting firm regarding varied financial statement reporting and disclosure obligations

  • Principal advisor to General Counsel and senior management of a global information services provider regarding litigation options and business strategies to resolve fraud claim relating to substantial corporate acquisition

  • Advise senior management of a global consumer products firm in a contractual dispute with global drugstore chain regarding exclusive distribution relationship

  • Advise General Counsel of a global airline regarding litigation strategy to effect successful resolution of decade-long dispute

  • Defended the CFO of a leading healthcare services provider in connection with a Board Audit Committee internal investigation of revenue recognition practices

  • Defended senior executive officers of a healthcare services provider in connection with a federal grand jury investigation of alleged violations of anti-kickback and bribery statutes

  • Represented investment advisory firm in connection with federal grand jury investigation of third-party misapplication of client funds

  • Retained by a leading financial services firm as expert witness to opine on reasonableness of defense strategy and legal fees in $100m insurance coverage arbitration

  • Advised the CEO of a private equity firm in indemnification dispute with seller of portfolio company

  • Represented the CEO of a financial services company in connection with federal grand jury investigation of alleged tax fraud

  • Represented the CEO of afinancial services firm in defense and successful resolution of state regulatory proceeding

  • Regular counselor to senior executive officers of multiple corporations regarding litigation strategies and related options

Practice Areas

Litigation
Securities Litigation
Asia
Life Sciences and Healthcare
Securities Enforcement
Investigations and White Collar Defense
White Collar Defense

Languages

English

Admissions

Illinois Bar

Education

University of Michigan Law School, J.D. 1984
University of Michigan, Ann Arbor, B.A. 1981

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