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    1. Home
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    3. Joshua J. Pollack People
    1. Home
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    3. Joshua J. Pollack People

    Joshua J. Pollack

    Counsel


    • Los Angeles
    • Office213.629.6172
      Mobile310.980.3581
    • jpollack@nixonpeabody.com
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    Introduction

    Joshua Pollack is a trial attorney with more than 26 years of experience successfully representing clients in high-stakes litigation in federal and state courts across the country.

    Practice Areas

    LitigationComplex DisputesIntellectual PropertyArbitration, Mediation & Alternative Dispute Resolution

    My focus

    I have extensive experience representing clients in complex commercial litigation matters. I advise a wide range of businesses and industries, including financial institutions, hedge funds, manufacturing, real estate, entertainment and media, apparel, retail, and hospitality. I have successfully represented corporate and individual clients on a wide variety of matters involving claims for breach of contract, fraud, negligence, strict liability, breach of warranty, unfair competition, business interference, and false advertising. I also represent clients in intellectual property litigation matters including copyright, trademark, and patent ownership and infringement claims.

    In addition to commercial and IP litigation, I also have over a decade of experience representing policyholders in disputes with insurance companies and litigating coverage matters from coast-to coast. I have counseled clients with regard to designing pre-litigation insurance coverage strategies and conducted policy reviews and analyses.

    Representative experience

    Complex Commercial Litigation

    • Co-chaired a two-week federal jury trial on behalf of Jiae Lee, the plaintiff in an action against defendants Dong Yeoun (“Damon”) Lee, Creative Global Investment, Inc. (“CGI”), and Grace Min, claiming fraud, negligent misrepresentation, conversion, unjust enrichment, breach of fiduciary duty, and breach of contract. The jury found Damon Lee and CGI liable on essentially all counts, and awarded significant compensatory and punitive damages.
    • Second chaired a three-week federal jury trial on behalf of a Japanese animation company in a multi-million-dollar contract dispute against a prominent trading card producer, resulting in a positive settlement for the client; conducted many of the direct and cross examinations at trial
    • Second chaired an eight-day AAA arbitration hearing on behalf of a global brand management company in a dispute involving the rights and revenues associated with a major children’s literary property
    • Defeated class certification in defense of a manufacturer in a putative class action in which damages were alleged to exceed $750 million; the parties subsequently reached a settlement pursuant to which the manufacturer paid no money to plaintiffs
    • Defended a former officer of Lehman Brothers in connection with California litigation arising from the Lehman bankruptcy; all claims against the former officer were dismissed with prejudice twice on demurrer
    • Represented an Israeli company defending claims asserting entitlement to sales commissions in perpetuity; principal architect and drafter of a successful summary judgment motion that secured dismissal of all claims based on a novel statute of limitations theory
    • Defended car and truck rental companies against substantial putative class action claims in California regarding the companies’ refueling charges, resulting in a positive settlement for the clients
    • Primary drafter of briefs in a Second Circuit appeal on behalf of a gold mining, development, and exploration company
    • Defended a California-based bank in litigation involving allegations of fraudulent transfers, fraud, and unfair competition
    • Defended a shareholder accused of civil RICO violations for allegedly disparaging a New York corporation and its founder and majority shareholder
    • Prosecuted claims on behalf of a French tobacco company in litigation involving complex swap transactions and the sale of financial derivatives

    Intellectual Property Litigation

    • Successfully represented Reuben Klamer, the author of the iconic board game, The Game of Life, in an appeal before the First Circuit. The appellate court unanimously affirmed the district court’s bench trial ruling finding that plaintiffs possessed no termination rights in the copyrights to The Game of Life
    • Represented Vanessa Hudgens, an American actress, entrepreneur, and singer, in a suit filed against SBLA Beauty relating to violations of rights of publicity, unfair competition, and false advertising; achieved amicable early settlement
    • Defended DECA International Corp. and GolfzonDECA, in a false advertising suit filed by SkyHawke Technologies, LLC, related to golf GPS devices. Won motion to dismiss, dismissing 15 of 21 claims pleaded. The case settled on favorable terms
    • Prosecuted claims on behalf of most of the major motion picture studios and the four major television networks in their technology copyright action against ReplayTV, a distributor of personal video recorders
    • Prosecuted claims on behalf of a Cuban-origin rum distributor in litigation involving claims of trademark infringement, trade name infringement, and unfair competition

    Insurance Coverage

    • Represented numerous insurance trusts in a series of lawsuits against life insurers throughout the United States in which the insurers were attempting to invalidate hundreds of millions of dollars of life insurance policies by asserting that they involved secondary market stranger-owned or investor-owned life insurance. These cases involved numerous legal issues of first impression and important industry-wide economic and business issues
    • Represented a seller of high-quality Oriental rugs and tapestries in prosecuting claims against its first-party property insurers
    • Represented a university-affiliated medical center in AAA arbitration against its stop-loss insurance carrier for reimbursement of millions of dollars in medical claims
    • Represented the former operator of an aluminum manufacturing plant in litigation against insurers to recover costs of remediating a TCE plume and settling related toxic tort claims
    • Represented the former owner of a 1000-acre site in prosecuting claims against insurers under “cost cap” and EIL policies
    • Represented the owner of a shopping center in litigation against its property insurer to recover substantial losses and damages, including lost business income and construction-related costs, resulting from a fire at the shopping center

    Looking ahead

    With courts facing a significant backlog due to the pandemic, I see clients more focused on trying to avoid or address disputes before they end up in litigation. When litigation becomes unavoidable, clients will be looking for highly experienced lawyers who know the right balance between aggressive litigation and finding the most efficient and cost-effective path to achieving their goals.

    In the news

    • Law360

      Justices won't review Hasbro's 'Game of Life' copyright win

      This article covers the US Supreme Court’s decision to not review a bench trial victory of multinational toy company Hasbro in an ownership dispute over the “Game of Life”. This leaves in place a 2021 appellate court affirmation of the district court’s 2019 bench trial ruling finding that game developer Reuben Klamer is the rightful author and copyright owner of the classic board game. Los Angeles Intellectual Property partner Erica Van Loon and counsel Joshua Pollack are mentioned in the article for representing the estate of Mr. Klamer, who died after his First Circuit court win.
      March 28, 2022
    • Law360

      Vanessa Hudgens says beauty brand faked her endorsement

      This article covers a lawsuit filed by actress and singer Vanessa Hudgens against SBLA Beauty for allegedly using her name, image, likeness, and persona for the promotion of its beauty products without her consent. The story mentions Intellectual Property partner Erica Van Loon and counsel Josh Pollack, and Complex Commercial Disputes associate Sherene Tagharobi, all of Los Angeles, for representing Hudgens.
      Dec 13, 2021
    • Law360

      Nixon Peabody adds ex-Lathrop counsel to LA practice

      This article on Los Angeles Intellectual Property counsel Joshua Pollack and his arrival to the firm discusses his practice and the continued growth of the IP team, particularly on the West Coast.
      Nov 5, 2021
    • Bloomberg Law

      Wake up call

      This column covering notable legal news and moves includes the arrival of Los Angeles Intellectual Property counsel Joshua Pollack to the firm.
      Nov 3, 2021

    Admitted to practice

    California
    New York
    U.S. Court of Appeals, First Circuit
    U.S. Court of Appeals, Second Circuit
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Central District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Northern District of California
    U.S. District Court, Southern District of California
    U.S. District Court, Eastern District of New York
    U.S. District Court, Southern District of New York
    U.S. District Court, Eastern District of Texas

    Education

    University of Pennsylvania Law School, J.D., cum laude
    Yeshiva University, B.A., summa cum laude

    Professional activities

    • American Bar Association, Section of Litigation
    • Young Israel of Century City, Executive Board; Legal Committee
    • Los Angeles Intellectual Property Law Association, Co-Chair of Copyright & Trademark Committee

    Languages

    Hebrew

    Insights And Happenings

    View All
    • Alert

      Court rules NBA-branded Top Shot Moments NFTs may be investment contracts

      Feb 28, 2023
    • Press Release

      Accomplished litigation attorney joins Nixon Peabody’s Intellectual Property practice in Los Angeles

      Nov 1, 2021
    View All

    Professionals in the Practice Area

    View All
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Daniel J. Hurteau

      Partner / Deputy Practice Group Leader, Complex Disputes
      • Albany
      • Office:518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    View All

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