Timothy Paul Polishan

Tim Polishan lives in Dunmore, Pennsylvania with his wife and four children.

His practice focus is business litigation.

He is AV Preeminent® Rated by Martindale-Hubbell. This is Martindale-Hubbell’s highest rating in legal ability and ethical standards reflecting confidential opinions of judges and members of the bar.

Tim is a Senior Hearing Committee Member for the Disciplinary Board of the Supreme Court of Pennsylvania, an Associate Member of the Association of Certified Fraud Examiners (ACFE) and a Member of the Business Law Section of the American Bar Association (ABA).

He belongs to the Gaming Law and Federal Practice Committees of the Pennsylvania Bar Association (PBA) and maintains memberships in the Pennsylvania Association of Criminal Defense Lawyers (PACDL) and the Lackawanna County Bar Association (LBA).

Tim’s firm has discreetly represented business owners, corporate officers, lawyers, physicians and public figures and officials.

Tim has tried cases to verdict including federal, state, civil, criminal, jury and nonjury trials.

He has litigated a wide range of complex civil and criminal matters, in corporate and individual representations, for plaintiffs and defendants, in trials and hearings, appeals, arbitrations, administrative proceedings, grand jury proceedings, mediations and settlement negotiations.

Representative cases

Business litigation

Won defense jury verdict in federal court for corporate defendant in interstate fraud case – E.D. Pa.
Computer Fraud and Abuse Act injunction motion in federal court resulted in resolution – M.D. Pa.
Motion to stay PA case pending “second-filed” issue in NC led to IP dispute settlement – M.D. Pa.
Defense jury verdicts and motions won for employers in federal court – M.D. Pa.
Won summary judgment in federal court for corporate defendants – S.D.N.Y.
Defeated federal court Lanham Act injunction motion and settled – S.D.N.Y.
Won summary judgment in federal court for drilling company – M.D. Pa.

White collar

Attained declination of federal prosecution and voluntary dismissal of counterfeiting case by negotiation after the filing of charges – M.D. Pa.
Prevented charges federal gov’t intended to file against corporate officer by negotiations before the filing of charges – M.D. Pa.
Won petition for habeas corpus writ filed in federal court securities fraud case – M.D. Pa.
Achieved greatly reduced sentence in complicated multi-million dollar international federal wire fraud case – D.N.J.
Secured probation sentence despite federal gov’t request for jail and victim’s counsel demand for 5 year minimum – 789 A.2d 221 (related case)
Tried several-month complex federal criminal securities fraud trial, with co-counsel, involving billion dollar publicly traded company, $100s of millions in alleged losses and 100s of thousands of pages of underlying evidence; questioned numerous fact and expert witnesses – M.D. Pa.

Litigation

Tort litigation

Won jury verdict for plaintiffs in Lackawanna County, Pennsylvania – 2018
Handles defense of tort claims in Pennsylvania for self-insured multi-billion dollar international company
Multi-vehicle highway truck accident – achieved settlement for Plaintiff just before start of federal jury trial – M.D. Pa.
Numerous tort claims litigated, arbitrated, mediated and settled on behalf of Plaintiffs and on behalf of self-insured Defendants

Class actions – collective actions

As co-counsel for plaintiffs in class action litigation – M.D. Pa. – 314 F.R.D. 541
As co-counsel for defendants in cases and prospective cases involving consumer classes and collective actions

Internal Revenue Service (IRS) litigation – Defeated summary judgment motion in IRS foreclosure against entireties property

Federal sentencing appeal – sentence vacated with remand for resentencing – 142 Fed. Appx. 653 – 3d Cir.

Zoning litigation – Defeated intervenor’s appeal – 123 A.3d 379 – Commonwealth Court appeal

Conspiracy litigation – Won federal court motion to dismiss – 549 F. Supp. 2d 621 – M.D. Pa.

Complex defamation litigation – 89 A.3d 251

Matters have involved:

administrative proceedings
bank fraud
breach of fiduciary duty
breach of loyalty
business valuation
closely held entity internal disputes
common law fraud
confidentiality beaches
constitutional law
contractual disputes
conspiracy
construction disputes
environmental disputes
financial crimes
fraud
gaming law
grand jury proceedings
health care law
intellectual property disputes
international parties, disputes and venues
IRS representation
Lanham Act
multistate proceedings
non-compete clauses
property development disputes
public corruption
regulatory matters
RICO
shareholder litigation
shareholder oppression claims
tax assessment appeals
tortious interference with contract claims
theft of trade secrets
unfair and deceptive trade practices
veil-piercing and alter ego theories
zoning