Overview

Adam Polk is a partner at Girard Sharp who takes a client-focused approach to each matter he handles. A devoted advocate, Adam rolls up his sleeves and does whatever it takes to give each of his clients the high-quality representation they deserve. Concentrating his practice on complex consumer, securities, and antitrust class actions, Adam’s experience covers all aspects of civil litigation, from initial case investigation and complaint preparation through settlement or trial.

Adam currently serves as co-lead counsel in: (1) In re Subaru Battery Drain Litigation (an ongoing consumer protection action concerning defective batteries in Subaru vehicles); and (2) In re Maxar Technologies Inc. Shareholder Litigation  (an action alleging violations of the Securities Act of 1933). He also serves as part of the co-lead counsel teams in In re California Gasoline Spot Market Antitrust Litigation (an antitrust class action alleging manipulation of the spot market for gasoline in California); In re Pacific Fertility Center Litigation (a product defect class action related to the alleged failure of an IVF tank holding human eggs and embryos); In re PFA Insurance Marketing Litigation (a consumer protection class action alleging the unfair and deceptive sale of life insurance); and as an executive committee member in In re Allergan Biocell Textured Breast Implant Products Liability Litigation (a multidistrict litigation centering on allegedly defective breast implants pending in the District of New Jersey).

Recently, Adam served as part of the trial team in the first In re Pacific Fertility Center Litigation trial. In a landmark result, the jury awarded approximately $15 million for the loss of four families’ eggs and embryos. Adam also served on the lead counsel teams in several recent cases that resolved favorably for his clients, including Bentley v. LG Electronics U.S.A. Inc. and Sosenko v. LG Electronics U.S.A. Inc. (class actions alleging that LG’s refrigerators are defective and prone to premature failure); and In re Nexus 6P Products Liability Litigation and Weeks v. Google, LLC (two consumer class actions against Google relating to defective mobile phones, which resolved for a combined $17 million). Adam was also instrumental in achieving substantial settlements for his clients in In re Sears Holdings Corporation Stockholder and Derivative Litigation ($40 million settlement) and Daccache v. Raymond James Financial, Inc. ($150 million partial settlement).

Before joining the firm, Adam worked as an associate with a mid-sized regional firm, where he represented both plaintiffs and defendants.

Adam is the chair of the American Bar Association’s Class Action and Derivative Suits committee, where he is a frequent contributor of written and verbal content regarding emerging issues in class action litigation. Recent articles include: Ninth Circuit: Central District of California’s 90-Day Deadline to Move for Class Certification Incompatible with Rule 23, American Bar Association Practice Points, October 2018, Fourth Circuit, No Presumption of Timeliness Where One Class Action Plaintiff Moves to Intervene in Another Class Action Prior to the Opt-Out Deadline, American Bar Association Practice Points, July 2018, California Supreme Court: Unnamed Class Members Must Intervene or Move to Vacate to Gain Right to Appeal Class Settlements, American Bar Association Practice Points, May 2018.

Adam was appointed in 2021 to the Fellows of the American Bar Foundation. He has been selected by his peers as a Northern California Super Lawyer, Rising Star every year since 2013.

Adam has also been selected by his peers as a Best Lawyer, One to Watch in America for 2022.

Clerkships

  • Externed for Northern District of California Judges Sandra Brown Armstrong and Claudia Wilken

Education

J.D., University of California Hastings, College of the Law

  • Best Oral Advocate Award
  • Best Brief Award
  • Moot Court Team chair

B.A., University of California, Los Angeles

Admissions

  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • Northern District of California
  • Central District of California

Experience

In re Pacific Fertility Center Litigation
Representing individuals and families as interim class counsel and sole liaison counsel in this case alleging that a tank holding plaintiffs’ eggs and embryos failed, compromising the viability of their genetic material.

In re Nexus 6P Products Liability Litigation
Serves as Co-lead counsel in this consumer electronic product liability case against Google and Huawei arising out of their allegedly defective Nexus 6P smartphones.

Weeks et al. v. Google, LLC
Serves as co-lead counsel in this smartphone products liability case arising out of Google’s allegedly defective Pixel and Pixel XL smartphones.

In re Sears Holdings Corporation Stockholder and Derivative Litigation
Represented nominal plaintiff Sears in derivative litigation alleging breaches of fiduciary duty arising out of Sears’s spinoff of several of its real estate assets into a newly formed REIT. Recovered $40 million on behalf of Sears.

Daccache v. Raymond James Financial, Inc. et al. 
Represented investors in the Jay Peak EB-5 immigrant investor program in this case alleging that Raymond James aided and abetted a fraud resulting in more than $350 million in losses. Recovered $150 million on behalf of investors to date.

Booth v. Strategic Retail Trust, Inc., et al.
Represented class of investors in this securities fraud case alleging that a real estate investment company made fraudulent statements in connection with its offering of securities to the public. Recovered $5 million on behalf of investors.

Honors and Awards

Honors and Awards

  • Named to the Northern California Super Lawyers list (2013-present)
  • Named to the National Trial Lawyers Top 40 Under 40 (2019, 2020, 2021)
  • Named to Best Lawyers Ones to Watch (2021)

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Affiliations

Community & Professional

  • American Bar Association
    • Co-chair, Class Actions and Derivative Suits Committee (2019-2020)
    • Member and newsletter editor, Class Actions and Derivative Suits Committee
    • Member, Litigation Section
  • Member, Federal Bar Association, Northern District of California Chapter
  • Member, American Association for Justice
  • Member, Fellows of the American Bar Foundation

Insights

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