Alan M. Pollack is a partner in the Firm's Litigation & ADR Department. His practice focuses on federal and state court commercial and civil litigations, including business disputes, partnership dissolutions, class and shareholder derivative actions, stock fraud and manipulation cases, labor and employment matters. Mr. Pollack has represented clients in several industries, including construction, manufacturing, health care and securities.
Mr. Pollack has extensive experience in prosecuting and defending class actions, particularly in labor and employment matters arising under Section 220 of the New York Labor Law, the Davis-Bacon Act, the Fair Labor Standards Act, and federal and state securities laws. He has been appointed class counsel in over twenty class actions to recover unpaid wages and supplemental benefits that are owed to workers on publicly financed projects. He has also served as class counsel in security fraud cases, insider-trading matters and has represented individuals and corporations in stock manipulation cases against investment banks, broker-dealers, and market-makers.
In addition, he has provided counseling and defended companies who are the subject of labor and enforcement actions by federal, state and city governmental agencies.
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Supreme Court
Syracuse University College of Law, Syracuse, New York, J.D.
Law Review: The Syracuse University Law Review, Associate Editor
Fairleigh Dickinson UniversityB.S.
Honors: Cum Laude
Recognized as one of New York’s top business litigators in Super Lawyers, 2012-2016
He is a member of the American Bar Association and Association of the Bar of the City of New York.
When he is not practicing law, Mr. Pollack is an avid golfer and amateur boxer.
Representative Cases in Business and Commercial Law
- Represented classes of underpaid workers who successfully brought suit against their employers for the underpayment of prevailing wages and supplemental benefits under the Davis-Bacon Act, Fair Labor Standards Act, and New York State Labor Law.
- Defended companies in class and collective actions who have been accused of underpaying their workers prevailing wages and supplemental benefits under the Davis-Bacon Act, Fair Labor Standards Act, and New York Labor Law.
- Defended construction companies investigated by the United States Department of Labor, Commissioner of Labor of New York State, and the Comptroller of the City of New York for wage and hour violations under the Davis-Bacon Act, Fair Labor Standards Act and the New York State Labor Law.
- Represented defrauded investors in naked-short selling stock manipulation cases brought against major investment banks under RICO and Securities statutes.
- Defended individuals accused of “insider trading” of publicly traded securities.
- Defended building maintenance companies in criminal anti-trust and civil class action.
- Successfully tried a collective Fair Labor Standards Act case against a major insurance company that resulted in a multi-million dollar recovery.
- Represented partners in several partnership dissolution cases brought under the New York Business Corporation and Partnerships statutes.
- Defended individuals in breach of fiduciary duty and misappropriation of trade secrets cases.
- Represented trade associations in a case against the City of New York challenging Project Labor Agreements under the National Labor Relations Act.
- Represented members of various unions against their Local and International Unions for unlawfully increasing their working dues in violation of the Labor Management Reporting Disclosure Act and Labor Management Relations Act.
- Represented beneficiaries and participants in ERISA Funds against the trustees of these funds for failing to transfer benefit contributions that were made on their behalf.
- Represented licensee of tax preparation services company in consumer fraud class action.
- Successfully argued landmark appeals in the federal and state appellate courts including Building Trades Employers' Educational Association, et al. v. James J. McGowan, Commissioner of Labor of the State of New York and The New York State Department of Labor, Docket No. 01-7775, 311 F.3d 501 (2nd Cir. 2002) (federal principles of preemption applied to the Department of Labor's refusal to process an application for an apprenticeship program); In the Matter of Action Electric Contractors Co., Inc. v. Harrison J. Goldin, as Comptroller of the City of New York, et al., 64 N.Y.2d 213 (1984) (supplemental benefit payments under Section 220 of the Labor Law may be paid in cash and/or by remittance to benefits funds as long as the aggregate amount that is paid equals the hourly prevailing rate); Monarch Electrical Contracting Corp. v. Lillian Roberts, as Commissioner of Labor of the State of New York, 70 N.Y.2d 91 (1987); (trainees are not recognized as a classification under Section 220 of the New York Labor Law).
Member American Bar Association and the New York City Bar Association