Direct Phone: 626.371.0334
35 East Union Street, Suite B
Pasadena, California 91103
University of Pennsylvania Law School, J.D., 1995
Order of the Coif
Special Projects Editor, University of Pennsylvania Law Review, 1993-1995
Yeshiva University, B.A., 1992
summa cum laude
California, New York
Josh has extensive and deep experience handling a broad range of general, complex commercial litigation for corporate and individual clients before federal and state courts and various arbitration forums, including AAA and FINRA. He has represented clients successfully in connection with a wide variety of matters, including claims for breach of contract, fraud, negligence, strict liability, breach of warranty, unfair competition, false advertising, civil RICO, and trademark and copyright infringement. In 2011, Josh second chaired a three-week federal jury trial, resulting in a positive settlement for the client.
Josh has significant experience representing policyholders in disputes with insurance companies and litigating coverage matters in federal and state courts around the country, including in California, New York, Florida, Texas, and Delaware. Josh represents policyholders seeking coverage under a wide variety of policy types, including directors and officers, errors and omissions, employment practices liability, property, excess, umbrella, environmental, life, business interruption, product recall, builder’s risk, musical instrument, and commercial general liability, among others. Josh also counsels clients with regard to designing pre-litigation insurance coverage strategies and conducts policy reviews and analyses.
Highlights of Josh’s professional experience include the following:
Complex Commercial Litigation:
- 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.
- 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.
- 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.
- 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.
Publications and Presentations:
- Dana A. Ferenstien, Jeffrey A. Kiburtz, Joshua J. Pollack, Heather N. Sharp, Robert A. Shults, and Steven H. Weisman, Insurance Take 5, ABA Section of Litigation Newsletter (March 2013)
- John E. Failla, Joshua J. Pollack, Jaco Sadie, and Christopher Brophy, Superstorm Sandy: Maximizing and Protecting Insurance Coverage, Webinar (November 15, 2012)
- Nancy Sher Cohen and Joshua J. Pollack, Surviving the Rise in Natural Disasters, California Law360, Environmental Law360, Insurance Law360 and Real Estate Law360 (December 14, 2011)
- Joshua J. Pollack and Christopher Brophy, Insurance Implications of Japan’s Devastation and Its Global Impact, LA RIMS Education Day (October 19, 2011)
- Rene L. Siemens, Joshua J. Pollack, and Jessica L. Freiheit, Piracy’s Impact on Insurance, Risk Management (September 2009)
- Nancy Sher Cohen, Joshua J. Pollack, and Ronald A. Valenzuela, Chinese Drywall Litigation Heating Up, Insurance Law360 and Product Liability Law360 (July 21, 2009)
- Joshua J. Pollack and Joseph K. Wright, Preparing for the UIDDA’s New Rules for Foreign Depositions, Los Angeles Lawyer (December 2008)
- Joshua J. Pollack and Joseph K. Wright, The Law of Organizational Depositions, California Bar Journal (March 2008)
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, California, Central District
U.S. District Court, California, Eastern District
U.S. District Court, California, Northern District
U.S. District Court, California, Southern District
U.S. Court of Appeals, Second Circuit
U.S. District Court, New York, Eastern District
U.S. District Court, New York, Southern District
U.S. Court of Appeals, Eleventh Circuit
- Insurance Coverage Litigation Committee, ABA Section of Litigation (Co-Chair, Environmental Subcommittee; website co-editor)
- American Bar Association
- Young Israel of Century City (Officer, Executive Board Member, and Member of Legal Committee)
- Constitutional Rights Foundation’s “Courtroom to Classroom” project, teaching the Constitution and the Bill of Rights to middle school students
- Member, Central District of California 2009 Pro Bono Panel