Bartholomew L. McLeay: Lawyer with Kutak Rock LLP

Bartholomew L. McLeay

Of Counsel
Omaha,  NE  U.S.A.
Phone(402) 231-8775

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Litigation
  • Energy and Environmental Litigation
  • Construction Litigation
  • Intellectual Property Litigation
  • International Trade
  • Business and Class Action Litigation
  • Antitrust
  • Telecommunications Litigation
  • Securities Litigation
  • Alternative and Renewable Energy
  • Agribusiness
  • Agribusiness Regulation and the Farm Bill
  • Wine Industry
 
University University of Arizona, B.S.B.A., with distinction, 1981
 
Law SchoolUniversity of Virginia School of Law, J.D., 1984
 
Admitted1984, Nebraska; 1985, District of Columbia; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Eighth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Supreme Court
 
BornOmaha, Nebraska, February 28, 1959
 
Biography

Mr. McLeay is a member of the Omaha Regional Litigation Department. His practice focuses on major commercial litigation, including breach of contract, class action, securities, business torts and intellectual property matters in, among other areas, the energy, financial services, construction and agribusiness industries. Mr. McLeay has been involved in numerous bench and jury trials in complex business litigation matters and has managed several cases with more than one hundred million dollars at issue. One of those cases involved an order defeating class certification in a class action in California in which the United States Court of Appeals for the Ninth Circuit refused to hear on an interlocutory appeal basis and the parties ultimately settled for a fraction of the alleged value.

Mr. McLeay served as lead counsel to a large financial institution in a three-week jury trial that resulted in a $23.7 million verdict for the firm's client in a complex commercial dispute. Mr. McLeay also recently served as lead trial counsel in a three-week trial in which the firm's client, an energy finance company, was awarded $3.2 million in damages on a business-related conspiracy claim involving complex public finance issues. He also served as lead trial counsel in a two-week jury trial that resulted in an approximately $2 million judgment following jury verdict including attorneys' fees for a corporate client in an intellectual property dispute. Mr. McLeay also very recently prevailed in a jury trial in California held over several weeks involving international issues relating to goods produced in China in which the jury rejected all but a fraction of plaintiff's approximately $850,000 claim and unanimously awarded the firm's New York-based client nearly $1.2 million in monetary damages on a cross-complaint.

Mr. McLeay also has served as lead trial counsel in a two-week jury trial in federal court in which the firm's client received a defense verdict on a $10 million conversion and intellectual property claim. He also served as lead trial counsel in a two-week jury trial in federal court in an action where plaintiff was seeking nearly $50 million for violations of RICO, breach of contract, fraudulent misrepresentation and other similar claims. The case settled very favorably after 10 days of trial prior to submission to the jury. Mr. McLeay also was lead trial counsel in the recent past in a one-week jury trial in which the firm's client was awarded approximately $1.6 million in an action alleging violation of the Consumer Protection Act and unjust enrichment.

Mr. McLeay previously served as lead trial counsel in a complex, week-long trial in state court on behalf of an international banking institution which successfully enforced a $7.5 million letter of credit against a large insurance company. Mr. McLeay also served as lead trial counsel for a mutual insurance company in a week-long state court trial which resulted in the court's enforcing a $2.1 million prepayment clause in a commercial real estate matter. Mr. McLeay also served as lead counsel in a commercial arbitration proceeding brought by a large San Francisco-based financial institution seeking more than $7 million in damages, which resulted in a take-nothing defense award in favor of the firm's client plus hundreds of thousands of dollars in attorneys' fees and recovery of costs awarded to the client.

Mr. McLeay has broad litigation and arbitration experience representing large energy companies as well as a large construction company in arbitration and litigation matters relating to project finance and contract litigation involving ethanol plants, natural gas power facilities and/or pipelines.

Mr. McLeay has served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other States.

Mr. McLeay received his B.S.B.A., with distinction, from the University of Arizona in 1981 and his law degree from the University of Virginia School of Law in 1984. He was a member of the Virginia Tax Review and published an article entitled Disincentives to Voluntary Disclosure:United States v. Hebel and Deleet Merchandising Corp v. Commissioner, 3 Va. Tax. Rev. 401 (1984). He served as a law clerk to the Honorable Albert G. Schatz, United States District Court for the District of Nebraska, in 1984-85 and to the Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, in 1985. Mr. McLeay is admitted to practice in the United States Supreme Court, the District of Columbia, the Nebraska Supreme Court and several federal courts of appeal.

Mr. McLeay is rated AV by Martindale-Hubbell, has presented at numerous trial seminars and was described byChambers USA, America's Leading Lawyers for Business, as a well prepared trial lawyer with lots of experience and good judgment. Mr. McLeay has been regularly selected for honors in litigation publications includingCorporate Counsel Super Lawyers ;Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys; andBest Lawyers .



Mr. McLeay is an of counsel attorney in the firm's Omaha office. His practice focuses on major commercial litigation including breach of contract, class action and other business torts in, among other areas, agribusiness, energy, water and financial services. Mr. McLeay has been involved in numerous bench and jury trials in complex business litigation and has managed cases with more than one hundred million dollars at issue.

Mr. McLeay served as lead trial counsel to a large financial institution in a three-week jury trial court that resulted in a $23.7 million verdict for the firm's client in a complex commercial dispute. Mr. McLeay also served as lead trial counsel in a three-week trial in which the firm's client, an energy finance company, was awarded $3.2 million in damages on a business-related conspiracy claim. Mr. McLeay also served as lead counsel in successfully representing a landowner whose property was adjacent to the Niobrara National Scenic River in an action brought against two Federal Government agencies relating to boundaries imposed on the landowner and others.

Mr. McLeay served as lead trial counsel in a two-week jury trial in federal court in an action in which the plaintiff, a large agribusiness, was seeking nearly $50 million for alleged violations of Packers & Stockyards Act, RICO, breach of contract, fraudulent misrepresentation and other similar claims. The case settled very favorably after 10 days of trial prior to submission to the jury.

Mr. McLeay has served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other states.

Mr. McLeay also served as lead trial counsel in a two-week jury trial that resulted in an approximately $2 million judgment following jury verdict, including attorneys' fees, for a firm corporate client in an intellectual property dispute. Mr. McLeay further served as lead trial counsel in a two-week jury trial in federal court in which the firm's client received a defense verdict on a $10 million conversion and intellectual property claim. Mr. McLeay further was lead trial counsel in a one week jury trial in which the firm corporate client was awarded approximately $1.6 million in an action alleging violation of the Consumer Protection Act and unjust enrichment.

Mr. McLeay received his B.S.B.A., with distinction, from the University of Arizona in 1981 and his law degree from the University of Virginia School of Law in 1984. He served as a law clerk to the Honorable Albert G. Schatz, United States District Court for the District of Nebraska, in 1984-85 and to the Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, in 1985. He is admitted to practice in the United States Supreme Court, District of Columbia, Nebraska Supreme Court and several federal courts of appeal.

News

August 15, 2013Record Number of Kutak Rock Attorneys Named Best Lawyers

Forty-seven Kutak Rock attorneys reprenting 10 of the firm's 16 offices have been listed inThe Best Lawyers in America 2014.

February 8, 2013Summary Judgment Granted in Breach of Contract Case

September 7, 2012Best Lawyers Increase by 50% to 45 attorneys

Forty-five Kutak Rock lawyers were recently selected by their peers for inclusion inThe Best Lawyers in America2013.

July 31, 2012Benchmark Litigation Recognizes Seven Attorneys

Kutak Rock and seven of our attorneys are recognized in the latest edition ofBenchmark Litigation.

July 30, 2012Ty Ku Wins $1.2 Million Lawsuit for Breach of Contract

Jury verdict helps protect American company in international trade case with China.

January 27, 2012No Employer Liability in Third-Party Tort Actions

Downey v. Western Comty. College Area, 282 Neb. 970 (2012)

November 17, 2011Benchmark Litigation Recognizes Seven Omaha Attorneys

Seven attorneys in Kutak Rock LLP's Omaha office are named in the latest annual edition ofBenchmark Litigation, a guide to America's leading firms and attorneys.

August 30, 201129 Kutak Rock Attorneys Are 'Best Lawyers'

Twenty-nine Kutak Rock lawyers have been selected by their peers for inclusion inThe Best Lawyers in America 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).

August 3, 2011Chambers: 24 Midwest 'Leading Business Lawyers'

Firm Applauded by Clients, Peers for Attorney Abilities and Conduct

April 11, 2011Kutak Rock Receives Nebraska Volunteer Award

Publications

January 27, 2012No Employer Liability in Third-Party Tort Actions

Client Alert

Events

May 16, 2012CLE: Common Ethical Issues for In-House and Corporate Counsel

Other

Other Distinctions

•Rated AV by Martindale-Hubbell.
•Listed inChambers USA, America's Leading Lawyers for Business.
•Included inCorporate Counsel Super Lawyers ; Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys; andThe Best Lawyers in America .

Government Service

•Law clerk to the Honorable Albert G. Schatz, United States District Court for the District of Nebraska, in 1984-85 and to the Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, in 1985.
•Served as Special Assistant Attorney General for the State of Nebraska.

 
ISLN904928578
 


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Office Information

Bartholomew L. McLeay

1650 Farnam Street
OmahaNE 68102-2186




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