Alexander S. Polsky, FCIArb/HKIACrb is considered a pioneer in the field of alternative dispute resolution. An AV-rated trial lawyer who began practicing in 1977, Mr. Polsky left litigation in 1991 and refocused his practice solely on ADR at a time when few attorney specialists were working in the field. Mr. Polsky’s practice spans disciplines and countries, as he conducts mediations, arbitrations, reference trials and training programs worldwide. He has presided over the resolution of more than 10,000 disputes and is well known for his ability to calm highly emotional parties and to simplify complex disputes.
Mr. Polsky has received nearly every independent award for excellence in the field of ADR. He has been recognized year after year as a top arbitrator and mediator by the Los Angeles Daily Journal, Super Lawyers and ALM Best Lawyers. Martindale Hubbell has given him an AV rating and he is among Lawdragon’s top 1,000 Lawyers in America. Mr. Polsky teaches negotiation and mediation at USC’s Gould School of Law. He also provides negotiation training to law firms, bar associations and corporations worldwide.
In 2010, Mr. Polsky was a featured speaker at the ABA Securities Litigation Section program in Minneapolis where he addressed the complex issue of mediation versus arbitration of securities disputes, as well as the subtopic of mediation techniques for securities claims and class actions.
Mr. Polsky has a deep understanding of securities-related issues, as well as insurance coverage issues as they apply to complex class action matters.
- Breach of Fiduciary Duty:
- Arbitration of claims against money managers in connection with placement of millions of dollars of funds into a municipal bond hedge fund. Following years of stellar performance, the fund entered a forced liquidation. Plaintiff asserted manager failed in due diligence of fund’s risks and failed to inform clients of the risks.
- Breach of Incentive Contract
- Claim brought by broker alleging breach of contract involving performance-based incentives due following resignation or termination
- Broker/Client Reporting
- Matter of first impression, claim by clients against brokerage firm and individual broker arising out of manner in which clients’ gains and losses were reported
- Broker/Fund Issues
- Dispute involving issues surrounding the transfer of a disproportionate percentage of assets from one fund to another
- Churning, 10b-5, RICO
- Various matters involving alleged churning, unauthorized trading, insider RICO trading, RICO, 10b-5 and other Securities Act issues entered a forced liquidation. Plaintiff asserted manager failed in due diligence of fund’s risks and failed to inform clients of the risks.
- Dispute arising from broker failing to implement pre-death beneficiary designation amendment prior to account being frozen by litigation
- Mismanagement of Assets
- Claims by holders of defined benefit pension plan that manager improperly invested too high a percentage of assets into an inappropriate mutual fund, resulting in disproportionate losses