FacultyFaculty/Author Profile

Barry C. Barnett

Susman Godfrey LLP
Partner
Dallas, TX, USA


Barry Barnett, admitted to bar, 1985, Texas. Member, Bar of the Supreme Court of the United States of America; United States Courts of Appeals, Fifth and Tenth Circuits; United States District Courts for the Northern, Eastern, Southern, and Western Districts of Texas, the District of Arizona, and the District of Colorado.

Litigation Experience

Since I started at Susman Godfrey in 1985, clients have entrusted me with lawsuits and arbitrations that involved a broad array of claims and defenses in a wide variety of industries and around the country (cities like Atlanta, Boston, Denver, Indianapolis, Kansas City, Las Vegas, Los Angeles, Memphis, New York, Philadelphia, Salt Lake City, and Washington, DC, and lots of small towns). The matters included: 

  • Antitrust (price-fixing, territorial and customer allocation, monopolization, tying, price discrimination): telecommunications, computer chips, cable, explosives, airlines, vitamins, pharmaceuticals, concrete, confectionery chocolate
  • Patents, copyrights, trademarks, trade dress, and trade secrets: seismic data, computer software, Windows operating system, restaurants, publishing, needlepoint rugs, memory chips, real estate development
  • Business fraud: power generation, patent licensing, lender liability, theft of trade secrets, unfair competition, oil and gas, coal mining, telecommunications overcharges
  • Covenants not to compete: food services, payday loans, insurance brokerage, commercial real estate
  • Environmental: groundwater contamination, emissions controls, power generation, CERCLA liability
  • Arbitration: securities, computer software, bans on class and aggregate arbitration, breach of services contract
  • Class actions: price-fixing, monopolization, ERISA, consumer fraud, securities fraud, pyramid scheme
  • Contracts for goods and services: power supply, contract mining, tools, aircraft, delivery services, licensing agreements, distribution agreements, franchises
  • Lender liability: real estate, oil and gas, improper seizure and sale of collateral
  • Securities fraud: microprocessors, telecommunications gear, real estate, short-swing profits
  • Insurance coverage: D&O, oil field casualty, fiduciary bond
  • Oil and gas: seismic data, duties to survey and lease, pooling/unitization, oilfield services, lease disputes, operating agreements
  • Fiduciary duties: officers and directors, partners, trustees, special relationships
  • Minority shareholders: majority abuse, voting rights, failure to pay dividends
  • Corporate control: seizure of control by insurgent shareholders
  • Stock purchase and shareholder agreements: cinema chain, medical device maker
  • Golden parachute: former CEO
  • Employee Retirement Income Security Act: breach of duty of care over pension plan investments
  • Partnerships and joint ventures: control, distribution of profits, dissolution
  • Sexual harassment and discrimination: spying, physical injury, peeping tom
  • Cases have ranged from two-party lawsuits to class actions involving millions.

Cases have ranged from two-party lawsuits to class actions involving millions.
 

Examples of Clients (Current and Former) 

A partial list of companies I've had the honor to represent includes these:

Public companies: Cisco Systems, EMC, ENSCO, AmWINS, Forest Oil, The Shaw Group, Trammell Crow Company, Texas Instruments, New Century Financial.

Private companies: ACADIA, Energy Future Holdings, Luminant Generation, Luminant Mining, Mewbourne Oil & Gas, Olympia Minerals, Neiman Marcus Group, Gobeli Research, Swift Cash, Wagner & Brown, Ltd., and Morris & Dickson Co.
 

Professional Honors

 Member, American Law Institute and ALI's Members Consultative Group for Principles of the Law of Aggregate Litigation. Martindale-Hubbell AV (highest) rating since 1995. Chambers USA: America's Leading Lawyers for Business in Antitrust and General Commercial Litigation (2007-10). The Best Lawyers in America, Bet-the-Company Litigation (2010) and Commercial Litigation (2003-2010). Texas Super Lawyer in Business Litigation, Antitrust Litigation, and Class Action/Mass Torts (2003-2010). Who's Who Legal: Texas (competition).The Legal 500 U.S. (2007-10) (mass tort and class actions: antitrust).  Fellow, Litigation Counsel of America (2010).

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