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Polovoy, Brian H.

Brian H. Polovoy

Partner

Brian Polovoy is a partner in the Litigation Group of Shearman & Sterling, where he has practiced for 24 years. His practice involves a variety of complex commercial litigation for U.S. and foreign clients, with particular emphasis on securities class actions and matters involving financial institutions, fraud allegations, and cross-border issues. Mr. Polovoy has been recognized in leading client publications, including The Legal 500, Benchmark Litigation, and Law360, and described in these publications by clients and peers as “top notch in every respect,” “highly recommended,” and a “rising star.” He is a member of the firm’s Conflicts & Ethics Committee and served on the firm’s Practice Management Committee.

Mr. Polovoy serves on the Board of Trustees of International House. He also has an active pro bono practice, which includes his successful argument before New York’s highest court on the right of a defendant to introduce expert testimony on the reliability of eyewitness identifications, People v. Abney, 13 N.Y.3d 251 (2009), overturning a murder conviction after the sole eyewitness recanted her testimony, People v. Morillo, 2011 WL 7631523 (Supreme Ct. Bronx Co. Oct. 6, 2011), and an argument before the U.S. Court of Appeals asserting Sixth Amendment violations. Martinez v. Capra, 2017 WL 129150 (2d Cir. Jan. 12, 2017).

Selected Experience

  • Representing Nomura Securities International, Inc. in an antitrust class action alleging a conspiracy to manipulate the ISDAFIX benchmark (2014-present)
  • Winning the dismissal of all claims against an airline in a RICO class action alleging a conspiracy to wrongfully collect a Mexican tourism tax from Mexican citizens.  Almanza v. United Airlines, Inc., 162 F. Supp. 3d 1341 (S.D. Ga. 2016), aff’d, 851 F.3d 1060 (11th Cir. 2017)
  • Winning the dismissal of all claims against Saudi American Bank in multiple class actions arising out of the September 11, 2001 terrorist attacks and upholding that judgment on appeal to the U.S. Court of Appeals for the Second Circuit.  In re Terrorist Attacks on September 11, 2001, 714 F.3d 118 (2d Cir. 2013), cert. denied, 134 S. Ct. 2870 (2014)
  • Defeating a motion for preliminary injunction freezing assets of a sovereign wealth fund of Libya in an action brought by the Receiver of Stanford International Bank, Ltd. and subsequently winning the dismissal of all claims.  Janvey v. Libyan Investment Authority, 164 F. Supp. 3d 910 (N.D. Tex. 2015), aff’d in part, vacated in part, and remanded, 840 F. 3d 248 (5th Cir. 2016); 2012 WL 1059028 (N.D. Tex. Feb. 29, 2012), aff’d, 2012 WL 2136603 (5th Cir. June 13, 2012)
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Education

  • Georgetown University Law Center, J.D., 1992, cum laude
  • Duke University, A.B., 1988, cum laude

Admissions/Qualifications

Courts

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