Max Rodriguez (he/him/his)
Counsel
Max's practice focuses on whistleblower matters, complex litigation, and appeals.
Max represents whistleblowers in qui tam lawsuits under the False Claims Act, as well as whistleblower programs administered by the Securities and Exchange Commission, Commodity Futures Trading Commission, Internal Revenue Service, FinCEN, and more. Max’s diverse whistleblower practice includes cases exposing healthcare fraud, bank fraud, securities fraud, tax fraud, and wrongdoing at nonprofit organizations. Max has helped clients at every stage of the process, including pre-filing investigation, writing complaints and submissions, coordinating cooperation with the government in complex investigations, litigation, and settlement.
Max writes regularly about emerging areas implicated by whistleblower laws, including in sustainability and climate change, legal cannabis markets, and COVID-19 programs like the Paycheck Protection Program (PPP).
Max represents a variety of clients in appeals in state and federal court. He has written amicus curiae briefs in the Supreme Court, including representing 192 Democratic Members of Congress in West Virginia v. EPA. He also briefed and argued a case of first impression on whistleblower retaliation in the New York Appellate Division First Department, where he secured a unanimous reversal of the lower court’s decision that expanded protections for civil service workers in New York. He is also a member of the Criminal Justice Act panel for the United States Court of Appeals for the First Circuit. He is appointed by the court to represent indigent criminal defendants in federal criminal appeals.
Max’s practice also includes a broad array of civil litigation including complex commercial disputes, retaliation claims, civil rights, impact litigation related to public health and environmental issues, and pro bono matters. Max has worked with clients at all stages of disputes, including pre-filing resolution, litigation in state, federal, and bankruptcy courts, settlement, and trial.
Max graduated from Wesleyan University, with a degree in Government and a multi-disciplinary certificate in International Relations, and New York University School of Law. After law school, Max clerked for the Honorable Denise J. Casper of the United States District Court for the District of Massachusetts and the Honorable O. Rogeriee Thompson of the United States Court of Appeals for the First Circuit.
After clerking, Max was an attorney at the litigation boutique Morvillo Abramowitz Grand Iason & Anello P.C. He represented individuals and entities in sensitive criminal and regulatory investigations concerning securities fraud, healthcare fraud, and violations of federal environmental laws. Max also represented people and companies in various stages of civil litigation in complex commercial disputes.
Before joining Pollock Cohen, Max drove cross-country to Helena, Montana, where he served as a Voter Protection Regional Director for the Montana Democratic Party during the 2020 General Election. He also served as a policy adviser on Alvin Bragg’s campaign for Manhattan District Attorney, as well as on DA Bragg’s Transition Committee after his election.
Max lives in New York City with his wife and their two schnauzers, Juno and Puck.
Matters
- Representing whistleblower in qui tam action related to fraudulent misuse of funds from the Paycheck Protection Program (PPP).
- Representing whistleblower in qui tam action related to fraudulent misrepresentation of eligibility for PPP loans.
- Representing whistleblower in qui tam action related to government healthcare fraud, including unbundling and upcoding.
- Representing whistleblower in qui tam action related to government healthcare fraud by substance use disorder treatment facilities.
- Representing spendthrift trust in complex multi-jurisdictional civil dispute seeking recovery of misappropriated trust assets.
- Secured unanimous reversal in Appellate Division First Department (NY) of retaliation claim in a case of first impression confirming that New York Civil Service Law § 75-b protects whistleblowers in state and local civil service from post-employment retaliation like blacklisting and defamatory job references.
- Obtained favorable settlement for undocumented immigrant who was assaulted by ICE while in detention.
- Obtained favorable settlement for former nonprofit executive director terminated in retaliation for her reports of fraud and malfeasance at her organization.
- Represented 192 Members of Congress as amici curiae in the Supreme Court in support of the Environmental Protection Agency’s authority to regulate greenhouse gases under the Clean Air Act in West Virginia v. Environmental Protection Agency.
Note: This list may include matters completed prior to joining Pollock Cohen LLP.
Active Lawsuits
Jankowicz v. Fox News Defamation Lawsuit
NYC Retirees: Co-pay Class Action Appellate Victory
Pollock Cohen Prevails as Second Circuit Revives False Claims Act Suit
Current Investigations & Areas of Interest
Healthcare Fraud
Max was an actor through high school and college. He was even accepted to an acting conservatory when applying to college. While he didn’t pursue the arts professionally, he retained an indelible love of the arts (especially theater), an appreciation for collaboration, and “stage presence.”
Despite his mother’s worry, Max loves to bike in New York City. His favorite route is along the protected Hudson River Greenway on the west side of Manhattan.
Max is also a cook and food nerd who loves all things sous vide. He is learning how to dry age beef at home and makes a mean roast potato (blanching before roasting is the key). The proud husband of a Ukrainian-American, he is also honing his skills at a number of Ukrainian classics, including borsch, varenyky, and holubtsi.
A person with diverse interests and experience will bring a unique and cross-pollinating perspective to everything they do. Max’s work as an attorney is no different. His goal in each matter is not just to work hard, but to tackle cases with passion, creativity, and empathy.