Peter A. Barnes

Peter A. Barnes: Attorney with Caplin & Drysdale, Chartered
  • Of Counsel at Caplin & Drysdale, Chartered (67 Attorneys)
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Biography

After more than 22 years as Senior International Tax Counsel for General Electric Co. ( GE ), Peter Barnes joined Caplin & Drysdale as Of Counsel to the firm's International Tax Group in 2013. His over 30 years of experience in the international tax arena help Mr. Barnes bring a wealth of knowledge to the firm and its clients.

In 2015, Mr. Barnes was elected as the U.S. delegate to the Permanent Scientific Committee of the International Fiscal Association ( IFA ). In this role, he will help supervise the planning and implementation of the scientific work of IFA. Mr. Barnes also serves as a Senior fellow at the Duke Center for International Development ( DCID ) at Duke University. There, he teaches in Duke's International Tax Program, which is jointly directed by DCID and Duke Law School. At Duke, Mr. Barnes also directs an annual week-long transfer pricing workshop for government tax officials and private sector advisors, many from developing countries.

He is listed as a recommended attorney in The Legal 500, a publication that recognizes leading practitioners, assesses the strengths of law firms, and highlights the practice area teams providing the most cutting edge and innovative advice to corporate counsel.

Services

Mr. Barnes' practice focuses on assisting multinational corporations in their global tax planning programs, including matters relating to transfer pricing, trademark licensing, and dispute resolution. His tenure at GE, combined with his government experience, enabled Mr. Barnes to offer corporate clients a global strategic approach to their most complex issues. Notable matters include:

•advice on transfer pricing issues for a privately held company worth more than$1 billion and undergoing its first major IRS audit;
•secure a letter ruling from the Inland Revenue Authority of Singapore for a U.S.-based multinational; and
•counsel a U.S.-based multinational on global tax issues with consequences in India, Singapore, and other jurisdictions.

Government Experience

Deputy International Tax Counsel, U.S. Treasury, Office of International Tax Counsel, Treasury Service, 1986-1991

Law Clerk, Honorable Gerhard A. Gesell, U.S. District Court for the District of Columbia, 1980-1981

Highlights

At GE, Mr. Barnes played a key role in supporting the company's international tax operations, with a particular emphasis on Asia. From 1994 to 1997, he was based in Hong Kong. Mr. Barnes helped build and lead GE's tax team across Asia, including extensive work in India, China, Japan, and Korea. He led and assisted global programs for GE, including the company's trademark licensing and transfer pricing work.

Prior to joining GE, Mr. Barnes served as U.S. Deputy International Tax Counsel at the U.S. Treasury Department's Office of Tax Policy, where he represented the U.S. government in treaty negotiations and as a delegate to the Organization for Economic Co-operation and Development. During his career at the U.S. Treasury, Mr. Barnes helped implement guidance arising from the Tax Reform Act of 1986.

From 2011 to 2013, Mr. Barnes was an Adjunct Professor at New York University School of Law Graduate Tax Program, teaching a course on Asia-Pacific Tax Systems.

Awards & Rankings

The Legal 500, Recommended, 2014-2016, 2018
The Legal 500, International Tax Team of the Year, 2014-2015

Recent Publications

• INSIGHT: BEAT Strikes the Wrong Note, with Elizabeth J. Stevens, Bloomberg Tax: Daily Tax Report, March 16, 2018
• United Nations Handbook on Selected Issues in Protecting the Tax Base of Developing Countries - Chapter IV: Limiting Interest Deductions, United Nations, January 22, 2018
• U.S. Plays Lone Ranger on International Tax to Its Detriment, with H. David Rosenbloom, The Hill Op-Ed, January 19, 2018
• Paradise Papers: U.S. Citizens and Residents Required to Report on Offshore Assets, with Mark D. Allison, J. Clark Armitage, Arielle M. Borsos, and Kirsten Burmester, Caplin & Drysdale Client Alert, November 6, 2017
• Low-Tax Texas Should Pay Its Fair Share of Harvey Costs, with H. David Rosenbloom, The Washington Post Op-Ed, September 6, 2017
• BEPS: The Corporate Tax Leader's Perspective, International Bureau of Fiscal Documentation (IBFD), July 1, 2017
• U.S. Corporate Tax Reform and Wallace Stevens, with H. David Rosenbloom, Tax Notes, May 30, 2017
• The Destination-Based Cash Flow Tax Is a VAT?, with H. David Rosenbloom, Tax Notes, March 29, 2017
• Transfer Pricing Forum, with J. Clark Armitage, Bloomberg BNA, March 17, 2017
• U.S. Corporate Tax Reform and Jean-Paul Sartre, with H. David Rosenbloom, Tax Notes, March 1, 2017
• The U.S. Must Avoid This Untested Approach To International Taxes, with H. David Rosenbloom, The Hill Op-Ed, January 24, 2017
• Tax Plans Compared (December 2016) Corporate Tax, with Jonathan S. Brenner, Mark D. Allison, Richard W. Skillman, and Kirsten Burmester, Global Tax Weekly, January 5, 2017
• Tax Plans Compared (December 2016) Corporate Tax, with Jonathan S. Brenner, Mark D. Allison, Richard W. Skillman, and Kirsten Burmester, Caplin & Drysdale Client Alert, December 16, 2016
• Financier Worldwide 2016 Global Tax Annual Review - United States, Financier Worldwide, April 27, 2016
• The Ethical Limits of Tax Planning, with J. Clark Armitage and H. David Rosenbloom, Trusts and Trustees, January 6, 2016
• Response to Final OECD BEPS Tome, with J. Clark Armitage, Patricia Gimbel Lewis, and H. David Rosenbloom, International Law Office, October 30, 2015
• The Final OECD BEPS Tome Has Arrived, with H. David Rosenbloom, Patricia Gimbel Lewis, J. Clark Armitage, and Neal M. Kochman, Caplin & Drysdale Client Alert, October 8, 2015
• Transfer Pricing Audits: Flipping the Tested Party, with J. Clark Armitage and H. David Rosenbloom, International Law Office, August 28, 2015
• Transfer Pricing Audits: Flipping the Tested Party, with J. Clark Armitage, H. David Rosenbloom, Neal M. Kochman, and Patricia Gimbel Lewis, Wolters Kluwer, August 27, 2015
• IRS Releases Guidelines for Examining CFC Transactions, with J. Clark Armitage and H. David Rosenbloom, International Law Office, August 21, 2015
• Transfer Pricing Audits: Flipping the Tested Party, with J. Clark Armitage, H. David Rosenbloom, Neal M. Kochman, and Mark D. Allison, Caplin & Drysdale Client Alert, August 13, 2015
• IRS Releases Guidelines for Examining CFC Transactions, with J. Clark Armitage, H. David Rosenbloom, Neal M. Kochman, and Mark D. Allison, Caplin & Drysdale Client Alert, July 29, 2015
• Treasury Proposes Significant Changes to Model Tax Treaty, with H. David Rosenbloom, J. Clark Armitage, and Neal M. Kochman, International Law Office, June 12, 2015
• Treasury Proposes Significant Changes to U.S. Model Tax Treaty, with H. David Rosenbloom, J. Clark Armitage, Neal M. Kochman, and Patricia Gimbel Lewis, Caplin & Drysdale Client Alert, May 26, 2015
• OECD Releases Finalized Proposals on Key Tax Base Erosion Concerns, with J. Clark Armitage, Patricia Gimbel Lewis, and Neal M. Kochman, Global Tax Weekly, November 6, 2014
• OECD Releases Finalized Proposals on Key Tax Base Erosion Concerns, with J. Clark Armitage and Neal M. Kochman, Caplin & Drysdale Client Alert, September 23, 2014
• Remain Vigilant On Indian Permanent Establishments, Even After the Favorable e-Funds Decision, with J. Clark Armitage and Patricia Gimbel Lewis, Global Tax Weekly, July 10, 2014
• Remain Vigilant on Indian Permanent Establishments, Even After the Favorable e-Funds Decision, with J. Clark Armitage, Caplin & Drysdale Client Alert, March 27, 2014
• Bold Shift in IRS Approach to Transfer Pricing Controversies, with Patricia Gimbel Lewis, J. Clark Armitage, and Neal M. Kochman, Caplin & Drysdale Client Alert, February 27, 2014

Recent Speaking Engagements

An avid lecturer, Mr. Barnes has conducted over 200 presentations, individually and as part of a panel, for tax conferences and internal General Electric training programs. Recurring presentations include Harvard Law School and International Tax Program, multiple presentations (1992-present), Tax Executives Institute (Asia training programs), and IRS-GWU International Tax Conference (almost annually, since 1988). Below are recent presentations:

•Chair, Mutual Agreement Procedure and Dispute Resolution Under Treaties, National Foreign Trade Council, October 25, 2018
•Chair, Tax Incentives to Attract Foreign Direct Investments Without Eroding the Tax Base, 2018 International Fiscal Association Congress, September 5, 2018
•Speaker, Korean and Other Non-U.S. Companies Consider US Tax Reform (8 Months Later), 2018 International Fiscal Association Congress, September 5, 2018
•Speaker, The Morality of International Tax Planning, 2018 J. Nelson Young Tax Institute, April 26, 2018
•Panelist, Issues in Territorial Taxation and Base Erosion, Virginia Tax Study Group Meeting, March 23, 2018
•Panelist, The Future of the Corporate Tax Department, Including the GE/PwC Relationship, USA Branch of the International Fiscal Association, February 22, 2018
•Chair, LB&I MAP, APA and Tax Treaty Issue, National Foreign Trade Council, October 19, 2017
•Panelist, Black Swans of Mergers and Acquisitions: Recent Tax Events with Significant Impact, Bloomberg BNA - IFA 2017 Rio Special Session, August 29, 2017
•Panelist, The Panicked World of Permanent Establishment Planning, International Tax Institute, Inc., July 18, 2017
•Panelist, Tax Reform - What We Expect, IFA USA Triangle Region Luncheon Seminar, May 8, 2017
•Moderator, Plenary V - Introduction and Enhancement of GAARs in Asia and Effect and Consequences for Treaty Shopping/Treaty Abuse, IFA Asia Pacific Regional Tax Conference, 2017, April 29, 2017
•Speaker, BEPS Implementation: Anti-avoidance, Plenary IV - Multi-lateral Instrument - Global Harmonization and Enforcement, IFA Asia Pacific Regional Tax Conference, 2017, April 29, 2017
•Speaker, Workshop, IFA Asia Pacific Regional Tax Conference, 2017, April 28, 2017
•Speaker, U.S. Tax Reform, IFA Mexico Annual Meeting, April 4, 2017
•Speaker, International Tax/BEPS, ABA Section of Taxation, Philadelphia Tax Conference, November 3, 2016
•Speaker, Corporate Tax Officers Respond to BEPS, International Fiscal Association, September 26, 2016
•Moderator, Debate: Source vs. Residence, The George Washington University Law School and IRS, 28th Annual Institute on Current Issues in International Taxation, December 18, 2015
•Constructing Minimum Tax for International Transactions, The University of Chicago Law School, 68th Tax Conference, November 6, 2015
•Speaker, Tax Treaty Disputes in China, London School of Economics Conference on Tax Treaty Disputes, October 30, 2015
•Panelist, Transfer Pricing and What to Do After BEPS, Bloomberg BNA and Mayer Brown, Energy Tax Conference: Maximizing Value, September 21, 2015
•Panelist, The Great TP Debate, National Association for Business Economics (NABE), 2015 Transfer Pricing Symposium, July 21, 2015
•Panelist, Implementation of Documentation and Country-by-Country Reporting, Bloomberg BNA, Global Transfer Pricing Conference - Washington, D.C., June 12, 2015
•Chair, BEPS: The Impact Right Now for Companies' Tax Planning and Countries' Tax Administration, George Washington University Law School and the Internal Revenue Service, 27th Annual Institute on Current Issues in International Taxation, December 11, 2014
•Panelist, Transfer Pricing and the Implications of Business Changes for Multinationals, American Bar Association, Webinar, November 13, 2014
•Chair, Seminar I: Taxation and Non-Tax Treaties, International Fiscal Association, Indian Branch, 68th Congress, October 14, 2014
•Speaker, U.S. State Tax Considerations for International Tax Reform, Tax Analysts, June 18, 2014
•Speaker, The Future of Transfer Pricing Documentation, North American Transfer Pricing Conference, June 5, 2014
•Panelist, The OECD Discussion Draft and the Future of Transfer Pricing Documentation, American Bar Association, 2014 May Meeting, May 9, 2014
•Speaker, OECD BEPS Update, 80th Annual API Federal Tax Forum, April 28, 2014
•Speaker, Should Corporations Pay Tax? Should Corporate Tax Returns Be Public?, New York University School of Law, March 25, 2014
•Speaker, Managing and Resolving Bilateral Tax Disputes, American Bar Association, March 18, 2014
•Speaker, Teaching Ethics - Just Whose Responsibility Is It?, American Bar Association, January 24, 2014
•Chair, Sneak Peek: Hot Issues at the 2013 IRS-GWU Conference, IRS-GWU International Tax Conference, December 12, 2013
•Speaker, Interaction of Transfer Pricing and Base Erosion and Profit Shifting, 19th Annual International Tax Conference/Foundation for International Taxation, December 7, 2013
•Speaker, Future Business Models for Managing Global Companies, 19th Annual International Tax Conference/Foundation for International Taxation, December 7, 2013
•Speaker, Emerging Tax Controversies for Multinationals in India, 19th Annual International Tax Conference/Foundation for International Taxation, December 6, 2013
•Lecturer, Module: Tax Systems of Selected Economies, Tax Academy of Singapore/Inland Revenue Authority of Singapore, November 18, 2013
•Speaker, International Fiscal Association USA Triangle Luncheon Seminar, International Fiscal Association, November 12, 2013
•Speaker, A Break in the Clouds: A Proposed Framework for Analyzing Cloud Computing Transactions, 66th Annual Federal Tax Conference/The University of Chicago Law School, November 8, 2013
•Panelist, Tax Treaties and the MAP Process - Problem Areas, National Foreign Trade Council, October 30, 2013

Recent News

•Law360 Quotes Peter Barnes on Record Number of U.S. Companies Seeking APAs in 2018, Law360 Tax Authority, March 27, 2019
•Law360 Quotes Jonathan Brenner and Peter Barnes: Federal Tax Overhaul Could Keep Homegrown IP in the U.S., Law360, March 22, 2019
•Law360 Quotes Peter Barnes on Early Test of Digital Tax, Law360 Tax Authority, November 8, 2018
•Peter Barnes and David Rosenbloom Comment on IRS Transfer Pricing Tool, Law360 Tax Authority, November 2, 2018
•Peter Barnes Discusses Impact of UK Digital Tax Plan on Silicon Valley, Corporate Counsel, November 2, 2018
•Peter Barnes Talks to IRS Official John Hughes on IRS' APA Program Changes, Law360 Tax Authority, October 25, 2018
•Peter Barnes Speaks to Law360 on IRS Audit Program for Large Companies, Law360, August 31, 2018
•Law360 Quotes Peter Barnes: IRS Floats Rules for Transition Tax on Foreign Earnings, Law360, August 1, 2018
•Peter Barnes Talks to Law360 on Multinationals' Data Paints Global Picture, But Has Limits, Law360, July 27, 2018
•Peter Barnes Comments on OECD Super Treaty with Bloomberg BNA, Bloomberg BNA, July 6, 2018
•Peter Barnes Talks to Bloomberg BNA: New Taxation Threshold ‘No Golden Goose' for Countries, Bloomberg BNA, June 29, 2018
•Bloomberg Law Quotes Peter Barnes: OECD Super Treaty Enters Into Force July 1, Bloomberg Law, Daily Tax Report: International, June 28, 2018
•2018 Legal 500 Distinguishes 18 Caplin & Drysdale Attorneys, Firm Renews Top-Tier Firm Ranking for Tax Controversy, The Legal 500, May 31, 2018
•Peter Barnes Comments on Foreign Tax Credit Issues in Law360, Law360, May 9, 2018
•Law360 Quotes Peter Barnes on Challenges to Quebec Digital Tax, Law360, April 9, 2018
•Peter Barnes Discusses Increase in Closed IRS Advance Pricing Agreements with Law360, Law360, April 9, 2018
•Peter Barnes Talks to Law360: OECD Profit Attribution Guidelines for Multinational Companies, Law360, March 23, 2018
•Peter Barnes Comments on BEAT Provision in Law360, Law360, February 22, 2018
•Law360 Quotes Peter Barnes and Kirsten Burmester: Applying Foreign Tax Credit To Repatriation A Daunting Task, Law360, January 30, 2018
•Peter Barnes Authors Chapter in United Nations Handbook, Selected Issues in Protecting the Tax Base of Developing Countries, Tax Notes, January 22, 2018
•Peter Barnes and David Rosenbloom Discuss New Tax Law Undermining Treaties and International Policy, Law360, January 9, 2018
•Law360 Talks to Clark Armitage, Peter Barnes, and Elizabeth Stevens on International Tax Cases to Watch in 2018, Law360, January 2, 2018
•Peter Barnes and David Rosenbloom Discuss Impact of New International Tax System with Law360, Law360, January 1, 2018
•Law360 Speaks with Peter Barnes on Whether Companies Will Bring Intellectual Property and Its Revenue Back to the U.S., Law360, December 22, 2017
•Law360 Quotes Peter Barnes and David Rosenbloom on International Interest Deductions in Tax Bill, Law360, December 7, 2017
•Law360 Quotes Peter Barnes and David Rosenbloom: Foreign Credits At Risk in Senate Tax Bill, Analysts Say, Law360, November 16, 2017
•Law360 Quotes Peter Barnes on 25% Corporate Tax Rate Proposal, Law360, October 26, 2017
•Peter Barnes Comments on Permanent Establishment in Formula One Cases, Tax Notes, July 31, 2017
•Daily Tax Report Quotes Peter Barnes: Reporting Form Gives IRS Auditors New Lens for U.S. Groups, Daily Tax Report, March 8, 2017
•Peter Barnes Talks to Bloomberg Law on Will Border-Adjusted Tax Halt Inversions?, Tax Notes International, February 27, 2017
•Tax Notes Discusses Multinationals with Peter Barnes, Tax Notes International, January 3, 2017
•BNA Quotes Peter Barnes: Tax Rate Competition Part of New Reality, Bloomberg BNA, December 13, 2016
•Bloomberg Politics Quotes Peter Barnes: Koch Industries Says House GOP's Tax Plan ‘Could Be Devastating', Bloomberg Politics, December 9, 2016
•BNA Quotes Peter Barnes: Why Are Taxpayers Winning on Transfer Pricing in IRS Appeals?, Bloomberg BNA, December 2, 2016
•Peter Barnes Comments: U.S. Role in Global Tax Rewrite Uncertain After Trump Win, Bloomberg Law's International Tax Monitor , November 10, 2016
•Bloomberg BNA Quotes Peter Barnes: Country-by-Country Confusion: Narrow BEPS Queries Abound, Bloomberg BNA, November 3, 2016
•Law360 Quotes Peter Barnes: Tax Pros Warn Global Tax Reports May Not Be Confidential, Law360, November 3, 2016
•Marketplace Quotes Peter Barnes on Apple's Irish Tax Bill, Marketplace, August 31, 2016
•Bloomberg BNA Quotes Peter Barnes on Companies Incorporating Outside the U.S., Bloomberg BNA, June 24, 2016
•Caplin & Drysdale Recognized for Cutting Edge Advice, The Legal 500, June 16, 2016
•Peter Barnes Comments on Medtronic Victory, Bloomberg BNA, June 15, 2016
•Tax Notes Quotes Peter Barnes: Governments Urged to Use Transfer Pricing Values to Acquire IP, Tax Notes, April 29, 2016
•Bloomberg BNA Quotes Mark Matthews and Peter Barnes on Impact of Panama Papers, Bloomberg BNA, April 4, 2016
•Peter Barnes Comments on New Tax Laws Affecting LLCs, Bloomberg BNA, April 1, 2016
•Peter Barnes Comments on BEPS Project and How Multinationals Structure Their Operations, BNA's Tax Management Transfer Pricing Report , January 8, 2016
•Tax Notes Quotes Peter Barnes on REIT Spins, Tax Notes, November 16, 2015
•Peter Barnes Comments on BEPS ‘Master File' Requirements Raising Concern, Bloomberg BNA's Daily Tax Report, October 9, 2015
•Peter Barnes Comments on Country-By-Country Reporting, Bloomberg BNA's Transfer Pricing Report, September 21, 2015
•Peter Barnes Comments on What the Model CbC Legislation Says About Transparency, Worldwide Tax Daily, June 22, 2015
•Caplin & Drysdale Named Top Tier Firm for Tax Controversy, June 8, 2015
•International Tax Monitor Quotes Peter Barnes on Amazon's Changing Luxembourg Strategy, Bloomberg BNA, May 27, 2015
•Law360 Quotes Peter Barnes on BEPS Changes, Law360, March 23, 2015
•Worldwide Tax Daily Quotes Peter Barnes on BEPS Interest Deduction Guidance Coming, Worldwide Tax Daily, March 2, 2015
•Peter Barnes Comments on BEPS Shifts From Talk to Action in 2015, Bloomberg BNA, January 22, 2015
•Peter Barnes Comments on Transfer Pricing Special Measures, Worldwide Tax Daily, December 17, 2014
•Worldwide Tax Daily Quotes Peter Barnes: OECD Considering CbC Reporting Exemption for Small Taxpayers, Worldwide Tax Daily, December 12, 2014
•Worldwide Tax Daily Quotes Peter Barnes: Countries Aren't Waiting on OECD to Implement BEPS, Worldwide Tax Daily, November 12, 2014
•Law360 Quotes Peter Barnes: OECD's Base Erosion Plan Puts U.S. On The Spot, Law360, November 6, 2014
•Peter Barnes Comments on Tax Planning Pioneer John Samuels Leaving General Electric, Tax Notes Today, September 15, 2014
•Bloomberg BNA Quotes David Rosenbloom and Peter Barnes: Could the White House Act Unilaterally on Taxes?, Bloomberg BNA, July 25, 2014
•Clients and Peers Recommend Caplin & Drysdale in 2014 Legal 500 Ranking, The Legal 500, July 1, 2014
•Bloomberg BNA Quotes Peter Barnes: US States' Approach to Nexus and Apportionment - Oddity or New Trend?, Bloomberg BNA, June 27, 2014
•Peter Barnes Discusses How U.S. States' Experience Can Inform Global Tax Reform, Worldwide Tax Daily, June 19, 2014
•Worldwide Tax Daily Quotes Peter Barnes: State Model Not Sole Solution to Taxing Global Income, Worldwide Tax Daily, June 19, 2014
•Bloomberg's International Tax Monitor Quotes Peter Barnes: Solution to BEPS May Be Menu of Options, International Tax Monitor, June 18, 2014
•Worldwide Tax Daily Quotes Peter Barnes on OECD Tax Conference Panel Discussion, Worldwide Tax Daily, June 6, 2014
•Peter Barnes Discusses the OECD's Proposed Country-By-Country Reporting Template, Bloomberg BNA's Transfer Pricing Report, May 9, 2014
•Transfer Pricing Report Quotes Peter Barnes on the OECD's Country-by-Country Reporting Template, Transfer Pricing Report, April 7, 2014
•Tax Notes Today Quotes Peter Barnes: Should Corporate Tax Returns Be Disclosed?, Tax Notes Today, March 31, 2014
•Bloomberg Quotes Peter Barnes: Budget Woes, Mounting Demands Force IRS to Think Strategically, Focus on Training, Bloomberg BNA, March 20, 2014
•Bloomberg Interviews Former GE Tax Counsel Peter Barnes on BEPS, Country-by-Country Reporting, and Documentation, Bloomberg BNA, January 9, 2014
•Caplin & Drysdale Enhances Tax Practice with Three Lateral Hires, Caplin & Drysdale, October 1, 2013

Areas of Practice (2)

  • International Tax
  • Tax Controversies

Education & Credentials

Contact Information:
(202) 862-5027  Phone
www.caplindrysdale.com
Law School Attended:
Yale Law School, J.D., Managing Editor, Yale Law Journal, moot court Prize Trial, 1980
Year of First Admission:
1981
Admission:
U.S. Tax Court; 1981, District of Columbia
Memberships:

Professional Activities

•Senior fellow, Duke Center for International Development at Duke University
•Member, IRS-GWU International Tax Conference Planning Committee
•Panelist, OECD 50th Anniversary of Model Tax Convention (2008)
•Member, USA Chapter, International Fiscal Association
•Selector, Luce Scholars Program, Henry Luce Foundation

ISLN:
909244901

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