Recognized by the National Law Journal in 2006 as one of the "100 Most Influential Lawyers in America," Barry Richard has been identified as a lawyer with the power to "shape public affairs, launch industries, shake things up and get things done." He is listed as a top litigation and appellate lawyer in Chambers and Partners USA Guide, four and three years running, respectively. Barry, who was selected as one of two National Law Journal "Lawyers of the Year" in 2001, has been noted for his "national reputation for compelling advocacy." The New York Post has referred to the "trademark clarity and forcefulness" of his argument and CBS anchor Dan Rather called his nationally televised argument before the Florida Supreme Court in the 2000 Bush-Gore litigation "brilliant."
Barry begins each representation with a careful analysis of the case both factually and legally to formulate strategy and tactics that maximize his client's strengths and opponent's weaknesses. He has assembled a core team of trial lawyers that routinely works together and with attorneys from the firm's other offices and associated firms to handle complex commercial trials and manage massive discovery efforts that cross multiple jurisdictions and countries. Some of the matters handled by his team include the representation of Alliance Capital Management Corp. (n/k/a Alliance Bernstein) in a $3 billion action brought by the Florida Board of Administration, the representation of the Royal Bank of Canada in the multibillion dollar Enron shareholder class action pending in the Southern District of Texas, and the representation of Anheuser-Busch in a $5 billion action brought by a former distributorship.
Barry concentrates his practice, both jury and non-jury, in the fields of complex commercial litigation, appellate law, state and federal constitutional law, and government and election law. He is licensed to practice in Florida, New York and the District of Columbia, and has been admitted pro hac vice as lead counsel in state and federal courts throughout the United States.
Recognized in the 2012 edition of The Best Lawyers in America for his appellate practice, Barry has argued three major cases before the United States Supreme Court, numerous cases before the Florida Supreme Court, and all lower state and federal appellate courts in Florida. He has argued many of the significant constitutional cases both in Florida and nationally over the past two decades. Barry has argued more than 250 appellate cases nationally and has obtained appellate decisions in cases involving some of the most constitutional questions and some of the largest judgments in Florida history.
Barry's honors include selection as a fellow in the American College of Trial Lawyers, which limits its membership to one percent of the lawyers in each state and Canadian province, and the International Academy of Trial Lawyers, which limits its membership to 500 lawyers in the United States. In addition, he has been retained for more than two decades by The Florida Bar as its general litigation counsel, and has been retained by the Florida Academy of Trial Lawyers to represent it before the Florida Supreme Court.
Barry's capabilities in the area of government and election law are illustrated by the broad, non-partisan nature of his representation. Most notably, he represented President George W. Bush in the 2000 presidential election litigation. In that capacity, he managed 46 lawsuits and personally argued several critical cases on behalf of President Bush. Under both republican and democratic administrations, he has been retained at various times as special counsel to the Governor, the Florida Senate, the Florida House of Representatives, the Florida Attorney General, the Florida Secretary of State, the Florida Department of Health, the Florida Department of Transportation, and the Florida Department of Insurance. In the 1998 election, Barry served simultaneously as campaign legal counsel to Republican Governor Jeb Bush and the Democratic incumbent candidate for Florida Treasurer and Insurance Commissioner (now U.S. Senator) Bill Nelson.
Areas of Concentration
· Complex commercial litigation
· State and federal constitutional law
· Government and election law
· Appellate practice
· Securities litigation
· Regulatory investigations
Professional & Community Involvement
· Charter Member, American Academy of Appellate Lawyers, Present
· Member, American Academy of Trial Lawyers
· Member, American Bar Association
· Member, International Academy of Trial Lawyers
· Former Deputy Attorney General, State of Florida
· Former Member, Florida Legislature, 1974-1978
Awards & Recognition
· Listed, The Best Lawyers in America, Appellate Practice; Bet-the-Company Litigation; Commercial Litigation; Ethics and Professional Responsibility Law; Litigation - Regulatory Enforcement (SEC, Telecom, Energy), 2006-2014
- "Lawyer of the Year," Tallahassee Bet-the-Company Litigation, 2013
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2013
· Listed, Florida Trend magazine, Litigation, 2004-2006, 2009-2013
- "Hall of Fame," 2010-2013
- "Legal Elite," 2004-2006, 2008-2009
· Listed, Chambers USA Guide, 2003-2013
· Listed, The Best Lawyers in Florida,"Tallahassee Appellate Practice Lawyer of the Year," 2012
· Recipient, "G. Kirk Haas Humanitarian Award," Florida Bar Association, 2011
· Listed, Lawdragon 500, "Leading Lawyers in America," 2010
· Team Member, a Law360 "Appellate Practice Group of the Year," 2010
· Listed, Lawdragon 300, "Leading Lawyers in America," 2006, 2010
· Listed, "100 Most Influential Lawyers," The National Law Journal, 2006
· Listed, "Leading Litigators in America," Lawdragon 500, 2006
· Recipient, "Traditions of Excellence Award," Florida Bar, 2005
· Named, "Distinguished Lecturer," University of Miami School of Law, 2002
· Recipient, "Lawyer of the Year Award," National Law Journal, 2001
· American College of Trial Lawyers (Fellow)
· International Academy of Trial Lawyers (Fellow)
· Rated, AV Preeminent® 5.0 out of 5
· Defended Alliance Capital, a leading investment firm, in an unprecedented civil action brought by the Florida State Board of Administration. Served as lead trial counsel in an action seeking more than $3 billion dollars in damages. Claims included alleged breach of contract, breach of fiduciary duty, violation of the Florida Securities and Investor Protection Act (FSIPA), fraud and negligence in connection with more than $280 million in investment losses in Enron stock. This case was closely watched by the financial and investment communities where an adverse result would have paved the way for industry-wide litigation. The jury returned a complete verdict for Alliance Capital, including an award on its counterclaim for unpaid investment management fees in excess of $1 million, at the conclusion of a six-week jury trial.
· Lead trial counsel in a five-week, out-of-town trial in an action arising out of the termination of one of Anheuser-Busch, Inc.'s largest distributorships. We were hired to re-try the previously mistried business tort claims. After almost five years of litigation and multiple actions, the disputes between the parties were settled after closing arguments during jury deliberations in a manner that was satisfactory to the client.
· Retained as lead trial counsel by the Royal Bank of Canada to represent it in the Enron class action securities litigation, the largest class action litigation in U.S. history pending in the Southern District of Texas at the time. The claims against the Royal Bank of Canada, as well as the other financial institutions, accounting professionals and former officers and directors of Enron arose under 10b-5(a) and (c) and the Private Securities Litigation and Reform Act (PSLRA). The matter required managing a massive discovery effort that crosses multiple jurisdictions and countries, and was being closely watched by the financial markets, as it concerned unchartered areas in the law related to whom may be a liable as a primary violator under the PSLRA.
Barry served two and one half years of active duty as an attorney in the Judge Advocate General's Corps of the United States Navy. In that capacity, he was assigned as legal advisor to the commanding officer of the Twelfth Naval District medical facilities in Northern California. After completing active duty with special commendation in 1970, Barry began private practice in Miami followed by service as Assistant Attorney General and later Deputy Attorney General for the State of Florida, the second in command of the state's Department of Legal Affairs.
Publications & Presentations
· Author, "Arbitration Clause Risks," The National Law Journal, June 14, 2004
· Author, "Mock Jury Exercises," The National Law Journal, March 1, 2004
· Author, "Beyond Election 2000: Law & Policy in the New Millennium Essay: In Defense of Two Supreme Courts," Journal of Law & Public Policy, October 2001
· Author, "Litigating History," ABA Journal, October 2001
· Author, "Rule 11 Sanctions: Risks to Non-Lead Counsel," The National Law Journal, September 2001
· Author, "Defending Mega-Suits," The National Law Journal, April 16, 2001
· Chapter Author, "Technology," Successful Partnering Between Inside and Outside Counsel, West Publishing Company
· Chapter Author, Federal Practice Guide on Appellate Procedure in the Eleventh Circuit, Lawyers Cooperative Publishing Company
· Lecturer on appellate practice at continuing legal education programs sponsored by the Florida State Bar.
(Also at Washington, D.C. and New York, N.Y. Offices)