|
Howard A. Pollack is a senior partner in the Firm's Litigation Practice Group. His practice focuses on complex business litigation, primarily involving securities, banking, and other financial matters, as well as trade regulation, distribution and intellectual property disputes. He has represented clients before the Securities and Exchange Commission and other regulatory agencies, and has represented corporations and independent directors of corporations conducting internal investigations. Howard is an author and frequent lecturer on federal jurisdiction, civil procedure, complex litigation and trial practice, and has also served as an instructor on civil trial practice for the University of Wisconsin Law School.
Howard was awarded his law degree with honors from the University of Wisconsin Law School, and received his bachelor's degree cum laude in economics and political science from the University of Wisconsin. A past president of the Seventh Circuit Bar Association, Howard has also served on the Seventh Circuit Court of Appeals Advisory Committee on Circuit Rules and on the Advisory Committee on Rules and Practices for the United States District Court for the Eastern District of Wisconsin. He is a member of the American Bar Association's Litigation, Antitrust and Business Law Sections and Franchise Forum, as well as the State Bar of Wisconsin and the Milwaukee Bar Association. Howard is listed in Best Lawyers in America for business litigation, and is a Wisconsin SuperLawyer in the business litigation category.
Representative Matters
Securities, Derivative and Corporate Governance Litigation:
Irani v. Oshkosh B'Gosh Inc., et al. (Winnebago Co. Cir. Ct., 2005). Defended putative class action claiming breach of fiduciary duty against company and its directors in connection with an agreement to sell the company. Case dismissed.
Shopko Shareholders Litigation (Brown Co. Cir. Ct., 2005-present). Defended consolidated putative class action against company and its directors claiming breach of fiduciary duty in connection with the sale of the company. Plaintiff's motion to enjoin the sale was denied, and case was dismissed. Strong Mutual Fund Litigation (various federal and state courts, 2003-present). Defending advisor and fund manager of the Strong mutual fund family in the series of putative class actions and derivative suits arising out of the alleged "market timing" of the funds. Federal cases transferred to the District of Maryland for pretrial coordination. ShopKo Securities Litigation (E.D. Wis. 2001-2004). Defended consolidated, putative class actions for securities fraud. Motion to dismiss granted in part, denied in part. Case settled.
Coats v. Viaticals of America, et al. (Superior Ct, San Bernadino Co., California 2002). Defended successor to bank charged with securities fraud under California state law in connection with others' sales of viatical settlement contracts. Client dismissed on demurrer. Cumulus Media Securities Litigation (E.D. Wis. 2000-2001). Defended 11 class actions against Cumulus and its officers arising from Cumulus's earnings restatement. Cases settled. Kohler Co. Securities and Dissenters' Rights Action (E.D. Wis. 1998-2000, Cir. Ct. Sheboygan Co. 1998-2000). Represented a mutual fund in a federal court breach of fiduciary duty suit arising out of a squeeze-out merger; and represented 101 dissenters (including two mutual funds and several investment trusts) in related state court appraisal actions. Cases settled. Value Merchants Securities Litigation (E.D. Wis. 1992-1994). Defended Value Merchants, Inc., in class action for securities fraud brought against it and two of its executive officers. Case dismissed. Care Network Securities Litigation (E.D. Wis. 1993-94). Defended the holding company for a hospital alleged to be a "controlling party" in a class action securities suit against Care Network, its directors, and several hospitals who were members of the Care Network health-maintenance organization. Case settled. Best Power Technology Derivative Litigation (Cir. Ct. Juneau Co., Wis. 1992-1993). Represented two minority directors (one of whom was the former president) of Best Power Technology, Inc. in connection with the derivative action brought against the corporation by 16 minority shareholders, including the two minority directors. Retained after defendants counterclaimed against client directors. Case settled on day of trial.
Dixon v. Ladish Co. (E.D. Wis. and 7th Cir., 1984-86). Wisconsin counsel for several former vice presidents of Ladish Co. who sued Ladish and Armco for securities and proxy fraud in connection with Armco's purchase of Ladish. Suit settled prior to trial on a confidential basis. American Medical Buildings Securities Litigation (E.D. Wis. 1984). Wisconsin counsel for American Medical Buildings in class action for securities fraud against it and its former president and directors. Settlement upon class certification.
Antitrust, Intellectual Property, Unfair Competition and Trade Practices:
Russell v. Wisconsin Auto Title Loans, et al. (Milwaukee Co. Cir. Ct.; 2004-present). Defending Continental Car Club in putative class action for violation of the Wisconsin Consumer Act. Case stayed pending appeal in another case.
DeBraska v. City of Milwaukee, et al. (Milwaukee Co. Cir. Ct. 2001-2002). Defended Merck & Co. and Merck-Medco, Inc. in putative class action alleging several claims, including for violation of Wisconsin antitrust law. Case voluntarily dismissed. National Cheese Exchange Antitrust Litigation (E.D. Wis. 1996-1997; Dane Co. Cir. Ct. 1999-2002). Wisconsin counsel for Borden in defending two antitrust suits involving alleged price fixing. Federal suit voluntarily dismissed when class certification denied. State suit dismissed on summary judgment; affirmed by Wisconsin Court of Appeals; affirmed by divided Wisconsin Supreme Court; petition for writ of certiorari to U.S. Supreme Court denied.
| 