Barry Hyman

Partner

Barry Hyman is Chair of Schiff Hardin's Energy Litigation Client Service Group. His practice focuses on the representation of regulated and unregulated energy industry clients in state and federal courts and arbitration proceedings.

Significant matters include cases involving:

• Electric power sales contracts
• Open access transmission tariffs
• Natural gas sales agreements
• Electric power supply tariffs
• Regional transmission partnership issues
• Government contracts
• Insurance coverage disputes
• Force majeure provisions
• Asset and stock purchase and sale agreements

Mr. Hyman also has broad experience in business litigation involving:

• Securities
• Class actions
• Directors and officers liability
• Corporate transactions and joint ventures
• Commercial transactions
• Bnkruptcy and creditors' rights
• Local and state taxes
• Employee piracy
• Insurance coverage and claims
• Real estate
• Legal professional liability

He has been admitted to appear pro hac vice in many state and federal district courts throughout the country, including Texas, Florida, West Virginia, Utah, California, and U.S. District Courts for the Eastern District of Virginia, and the Central and Southern Districts of Illinois.

Experience

• Trial counsel for wholesale power supplier in defense of class action complaints alleging price manipulation in connection with an auction by regulated utilities for the procurement of electric power for retail customers
• Trial counsel for public utility in successful defense of arbitration demand seeking damages of approximately $8 million for alleged breaches of representations and warranties in stock purchase agreement
• Trial counsel for unregulated merchant energy subsidiary of publicly traded utility holding company in connection with alleged force majeure claims arising in connection with the 2005 Gulf of Mexico hurricanes
• Trial counsel for electric co-generation plant in dispute over alleged breach of power and capacity contract arising in connection with an equipment failure
• Trial counsel for publicly traded utility in connection with primary and excess insurance coverage for negligence claims arising in connection with a major hydro-electric dam failure
• Trial counsel in arbitration seeking damages in excess of $40 million for alleged breach of electric power marketing contract
• Trial counsel in litigation seeking $12 million for alleged breach of utilities' open access transmission tariff for delivery of electric power
• Trial counsel on claims by client for $4 million in pre-petition debt and post-petition adequate assurance proceedings and in related $16 million adversary proceedings involving efforts by debtor to reject and terminate electric power tariff
• Trial counsel in litigation seeking in excess of $12 million for breach of natural gas sales agreement including issues arising from the industry-wide natural gas false price reporting scandal and allegations under the Robinson-Patman price discrimination and Sherman Act antitrust statutes
• Retained to represent utility's interests in winding up and liquidation of $50 million partnership established by eight major regulated utility companies, at insistence of the U.S. Federal Energy Regulatory Commission (FERC), to develop regional transmission organization for transmission of electric power
• Trial counsel in lawsuit against the U.S. Department of Energy to recover damages of $1.7 million for breach by the government of the standard contract to dispose of spent nuclear fuel
• Retained by public utility to evaluate insurance coverage, under complex insurance program, comprised of self-insured retentions and multiple layers of excess policies, over a 20-year period, for dozens of existing or potential claims arising from exposure to asbestos in power plants, and to assist in claims administration process
• Retained by general counsel to conduct "peer review" of national law firm to assess quality and cost of representation and analyze merits of lawsuit to recover in excess of $20 million for alleged breaches of construction and service contracts for modifications to a nuclear power plant

• Retained by group of 10 key executives of publicly traded accounting and business consulting company. Counseled group on rights under employment and non-competition agreements, fiduciary duties and strategy to influence business decisions of senior management
• Retained by real estate developer as trial counsel to file and prosecute lawsuit in U.S. District Court for the Eastern District of Virginia for breach of contract, fraud and breach of fiduciary duty to consolidate four parcels of real estate for $20 million residential/golf course community in face of condemnation proceedings by county government
• Trial counsel for major Japanese bank (formerly known as the Dai-Ichi Kangyo Bank, which is now a part of Mizuho) to secure and collect on judgment in excess of $5 million for breach of commercial loan and guaranty agreements through forced liquidation, at auction, of commercial real estate and other collateral
• Retained by shareholders and former directors of closely held corporation to prosecute allegations of misappropriation of corporate assets, corporate waste and breach of fiduciary duties by president and current members of the board of directors
• Trial counsel in adversary proceeding, arising from largest-ever Securities Investor Protection Corporation (SIPC) liquidation of Wall Street clearing firm, involving securities clearing firm and broker dealer regulatory issues, allegations of market manipulation through illegal short selling, fraudulent securities transactions and net capital violations, with damages exceeding $50 million
• Trial counsel in lawsuit in Utah asserting and defending alleged breaches of partnership and joint venture agreements for construction and sale of golf course for $15 million. Resolution required interaction and negotiation with county and city government officials
• Trial counsel in civil suit by publicly traded heath care company to recover in excess of $19 million for alleged breaches of covenants, representations and warranties in merger and acquisition agreement, fraud and violations of Medicare and Medicaid regulations. Assisted in defense against grand jury indictment for largest Medicare, Medicaid fraud case brought in U.S. District Court for the Northern District of Illinois

Speeches and Presentations

"Application of FERC's Anti-Manipulation Rules to Energy Trading Firms," Chicago Bar Association Futures and Derivatives Law Committee (June 18, 2007)

"Who Is Watching Now? Multi-Jurisdictional Enforcement Related to Energy Market Manipulation," ABA Section on Public Utility Law (April 2007)

"FERC's New Market Manipulation Rules: What Do Antitrust Lawyers Need to Know," ABA Section on Antitrust Law (December 2006)

"Government Enforcement Actions in the Energy Industry," Edison Electric Institute (June 17, 2004 and January 13, 2005)

Awards and Honors

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

American Bar Association

Illinois State Bar Association

Chicago Bar Association

Energy Bar Association

Civic and Charitable Memberships

Village of Glencoe Park District Board of Commissioners