Barry is a partner in Baker McKenzie's Los Angeles office. For over 25 years, he has litigated and tried complex commercial and product liability cases in state and federal courts across the country. These include numerous "bet-the-company" cases and, more recently, contingency / partial contingency fee cases, where Baker takes a stake in the litigation. Barry has represented a variety of clients over the years from high net-worth entertainers to Fortune 100 pharmaceutical and consumer product companies. He is a member of the Firm's National Trial Team and the Litigation Chair for Baker's California Offices.
Barry loves being in the courtroom and is entirely at ease in front of a jury. He never assumes a case will settle, which means his cases undergo an early case assessment (ECA) as well as development of a strategic plan, budget, and themes of the case. At every stage, Barry assesses how new and developing facts, witnesses and documents fit the strategic plan, budget and themes. He also works tirelessly to learn the strengths and weaknesses of his case, to stay ahead of his opponents, and to keep his clients well-informed and well-positioned to settle or try the case, depending on their goals and objectives.
Representative Legal Matters
Representing multiple Grammy-winning entertainers in litigation and trial across Southern California, including a six week jury trial in Los Angeles County with significant press coverage.
Trial of one month business torts case to verdict in Fresno County, with dismissal of two of three claims, low verdict, and nuisance settlement.
Trial team member on commercial plaintiff's case, obtaining verdict in federal court in the Northern District of California on claims of breach of fiduciary duty, intentional interference with prospective economic advantage, breach of contract, and punitive damages.
Trial of one month admitted liability third degree burn case to verdict in Orange County, holding damages to half plaintiffs' pretrial demand and half policy limits.
Serving as national counsel and national trial counsel for target defendant in a mass tort medical device litigation (MDL 1842) involving implanted hernia mesh patches.
Trial of two "Kugel" mesh "Bellwether" cases to verdict back-to-back in federal court in Providence, RI; defense verdict on trial #1; $1.5M verdict on trial #2 (Plaintiffs' counsel's hand-selected case of 3,000 cases).
Counsel on multiple mass tort pharmaceutical litigations over past 20 years (e.g., Vioxx, Fen-Phen)
- Product Liability and Recall / Commercial California Litigation Star, Benchmark Litigation, 2020
- Product Liability and Recall / Commercial Local Litigation Star, Benchmark Litigation, 2020
- LMG Life Science Star in Non-IP Litigation and Enforcement, LMG Life Sciences, 2012-2017, 2020
- Top Attorneys in Southern California, Los Angeles Magazine, 2016-2019
- Leading Individual, Super Lawyer, 2012-2019
- Leading Individual in Product Liability Defense, Who's Who Legal, 2015-2020
- Leading Individual in Dispute Resolution: Product Liability, Mass Tort, and Class Action and Pharmaceuticals and Medical Devices: Defense, Legal 500 US, 2013, 2016-2019
- AV Preeminent Rating, Martindale-Hubbell, 2000-2020
Professional Associations and Memberships
- American Bar Association - Member
- American Conference Institute - Member
- Defense Research Institute - Member
- International Association of Defense Counsel - Member
- California~United States
- U.S. District Court, Central District of California~United States
- U.S. District Court, Eastern District of California~United States
- U.S. District Court, Northern District of California~United States
- U.S. District Court, Southern District of California~United States
- University of San Diego (JD) (1990)
- University of California at San Diego (BA) (1986)
- Co-author, "Four Considerations for Developers of Next-Generation Combination Products," Medical Product Outsourcing Magazine, 4 March 2020
- Co-presenter, "A 21st Century Medical Device Case Study: How to Get to Market and Thrive in Today's Challenging Regulatory and Legal Climate," San Francisco, January 2020
- Co-author, "5 Key Issues Raised in Most CBD Product Class Actions," Law360, 16 January 2020
- Author, "Hold 'em or Fold 'em: 8 'Cards' Companies Consider Before Trying a Case," The Daily Journal, 14 June 2013