Barry Pollack Goes on the Offensive for Justin Fairfax
As the Robbins Russell partner takes the unusual step of asking prosecutors to investigate claims against one high-profile client, he wants to keep the U.S. government at bay in the case of another, Julian Assange.
June 13, 2019 at 06:53 PM
3 minute read
Barry Pollack is engaged these days in an improbable balancing act for a criminal defense lawyer—asking state prosecutors to investigate criminal claims against one client, Virginia Lt. Gov. Justin Fairfax, while hoping to keep another client, Wikileaks founder Julian Assange, away from U.S. prosecutors' jurisdiction entirely.
The Robbins, Russell, Englert, Orseck, Untereiner & Sauber partner sent letters this week to prosecutors in Virginia, Massachusetts and North Carolina, asking them to investigate sexual misconduct claims made by Vanessa Tyson and Meredith Watson against Fairfax, who has remained in office amid the accusations but is on leave from the partnership at Morrison & Foerster.
“Fundamental fairness requires that when a person makes a serious criminal allegation in the most public way possible, as Dr. Tyson has done, an objective and thorough investigation of that allegations should be conducted, and the results reported to the public,” Pollack wrote in a letter to assistant Suffolk County, Virginia, District Attorney Ian Polumbaum first obtained by ABC. “Just as no serious crime should go unprosecuted, no innocent person should have his reputation tarnished by a false allegation.”
Fairfax had already announced in April that he was inviting prosecutors to investigate the claims against him.
Pollack said in an email to The National Law Journal on Thursday that Fairfax had hired him in March to “advise him with respect to his efforts to get law enforcement to conduct a full, fair, and impartial investigation of these allegations.”
Fairfax previously retained Wilkinson Walsh + Eskovitz partner Rakesh Kilaru in January 2018, as reporters dug into Fairfax's alleged misdeeds, and Kilaru was continuing to advise the lieutenant governor at least into February 2019. Pollack said Thursday that he is Fairfax's “only counsel with respect to engaging with law enforcement authorities.” Kilaru did not respond to requests for comment on whether he still represents Fairfax in any capacity.
Pollack switched firms in D.C. last year, joining litigation boutique Robbins Russell from Miller & Chevalier, though he's been representing Julian Assange through his own firm, not through Robbins Russell. British home secretary Sajid Javid told the BBC on Thursday that he signed a request for Assange to be extradited to the U.S. to face criminal charges in the Eastern District of Virginia.
When Assange was arrested in London in April, Pollack labeled the arrest “bitterly disappointing” and called the extradition request by the United States unjustified.
“First and foremost, we hope that the U.K. will now give Mr. Assange access to proper health care, which he has been denied for seven years,” Pollack said in a statement at the time. “Once his health care needs have been addressed, the U.K. courts will need to resolve what appears to be an unprecedented effort by the United States seeking to extradite a foreign journalist to face criminal charges for publishing truthful information.”
Assange is expected to face a court hearing overseas on Friday regarding the U.S. extradition demand.
Correction: This story has been updated to clarify that Fairfax addressed his request for an investigation to state, not federal prosecutors.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThree Akin Sports Lawyers Jump to Employment Firm Littler Mendelson
Brownstein Adds Former Interior Secretary, Offering 'Strategic Counsel' During New Trump Term
2 minute readWeil, Loading Up on More Regulatory Talent, Adds SEC Asset Management Co-Chief
3 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.