CONTACT INFORMATION

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PRACTICE AREAS

BAR ADMISSIONS

  • Illinois
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois

News

Barry S. Alberts

Partner

Barry S. Alberts concentrates his practice in civil litigation, including general business litigation. He has been involved in a wide range of litigation matters in both federal and state courts, as well as in private arbitrations.

Mr. Alberts has represented corporations, corporate officers, and directors, as well as lawyers and law firms, in a wide variety of litigation matters in both federal and state courts. His practice has included the representation of lawyers and law firms in connection with professional liability claims, and in civil actions involving charges of common law fraud, securities fraud, violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), and breaches of fiduciary duties.  He also has experience in litigating trust and will contests and a wide variety of contract and common law business tort actions.

Publications

"Ethics Issues Faced by Lawyers and Investment Bankers in Mergers and Acquisitions: A Problem Approach and Report of Panel Discussion," 54 University of Miami Law Review 697 (2000)

Speeches and Presentations

"Ethical Issues Facing Attorneys in M&A and Related Transactions," Center for The Study of Mergers And Acquisitions, Penn State University Dickinson School of Law, New York, NY (October 14, 2011)

"Some Common Ethical Challenges in The Practice Of Law By In-House Counsel," CVS Caremark Corporation, Chicago Ill. (June 15, 2011)

"Ethics in Real Estate Transactions," The John Marshall Law School Center for Real Estate Law, Chicago Ill. (May 11, 2011)

"The Attorney-Client Privilege and Work Product Doctrine, and Relevant Legal Ethics Issues," U.S. Foodservice, Inc., Chicago Ill. (December 7, 2010)

"Ethics and Risk Management Seminar,” Michael Best & Friedrich LLP, Milwaukee, Wisconsin (October 13, 2010)

"Ethical Issues Facing Attorneys in M&A and Related Transactions," Center for The Study of Mergers And Acquisitions, Penn State University Dickinson School of Law, New York, NY (October 8, 2010)

"CLE Ethics Program," Legal Department Retreat, Insurance Auto Auctions, Inc., Chicago, Ill. (June 16, 2010)

"Ethics in Real Estate Transactions," The John Marshall Law School Center for Real Estate Law, Chicago Ill. (May 6, 2010)

"Ethical and Liability Issues for Law Firm and Corporate General Counsel,” Ray Garrett Jr. Corporate and Securities Law Institute, Northwestern University Law School, Chicago, Ill. (April 30, 2010)

"The Attorney-Client Privilege in Litigation," Spring Forum, American College of Investment Counsel, Chicago, Ill. (April 29, 2010)

"Continuing Legal Education Ethics Program," National Organization of Life and Health Insurance Guaranty Associations, Chicago, Ill. (July 10, 2009)

"Ethics of E-Discovery," The Third Annual National Institute on E-Discovery, American Bar Association Section of Litigation and The Center for Continuing Legal Education, Chicago Ill. (May 22, 2009)

"Ethics in Real Estate Transactions," The John Marshall Law School Center for Real Estate Law, Chicago Ill. (May 1, 2009)

"Some Common Ethical Problems and The Practice of Law," First Midwest Bank, Itasca, Ill. (November, 2008)

"Losing Focus: The Ethical and Fiduciary Implications of the General Counsel and Corporate Secretary Roles," Society of Corporate Secretaries and Governance Professionals CLE Program, Chicago, Ill. (November 19, 2008)

"Conflicts and Client Identification and Relevant Legal Ethics Issues," Corporation & Business Law Committee, Chicago Bar Association, Chicago, Ill. (November 18, 2008)

"Some Common Ethical Problems and The Practice of Law," Department of Energy Contractor Attorneys' Association, Chicago, Ill. (November 7, 2008)

"The Accidental Attorney-Client Relationship, The Attorney-Client Privilege and Work Product Doctrine, and Relevant Legal Ethics issues," Deere & Company, Moline, Ill. (November 4, 2008)

"Large Law Firm [Ethics/Loss Prevention] Symposium," Aon Corporation, Chicago, Ill. (October 15, 2008)

"Some Common Ethical Problems and The Practice of Law," New York Life Insurance Company, New York, NY (September 10, 2008)

"Identifying and Avoiding Conflicts of Interest," Legal Ethics: Solutions to the Most Common  Challenges, National Business Institute, Chicago, Ill. (June 12, 2008)

"Some Common Ethical Problems and The Practice of Law," State Farm Insurance Companies, Bloomington, Ill. (June 3, 2008)

"Ethics of E-Discovery," The Second Annual National Institute on E-Discovery: Practical Solutions for Dealing with Electronically Stored Information (ESI), American Bar Association Section of Litigation and the Center for Continuing Legal Education (May 2, 2008)

"Lawyers' Professional Responsibility — Hypothetical Scenarios," Legal Ethics in Illinois, Lorman Education Services, Countryside, Ill. (April 23, 2008)

"Litigators and the Public," American Bar Association Section of Litigation 2008 Ethics Centennial Symposium, Washington, D.C. (April 17, 2008)

"The Accidental Attorney-Client Relationship, The Attorney-Client Privilege and Work Product Doctrine, and Relevant Legal Ethics issues," Legal Retreat for NiSource Lawyers’ Ethics/Professionalism Workshop, Chicago, Ill. (March 4, 2008)

"The Accidental Attorney-Client Relationship, The Attorney-Client Privilege and Work Product Doctrine, and Relevant Legal Ethics issues," Baxter International, Inc., Deerfield, Ill. (March 3, 2008)

"Ethics and Risk Management Seminar,” Michael Best & Friedrich LLP, Milwaukee, Wis. (November 14, 2007)

"The Accidental Attorney-Client Relationship and The Attorney-Client Privilege and Work Product Doctrine," Kraft Foods Global, Inc., Northfield, Ill. (January 11, 2007)

"Ethical Issues Facing Attorneys in M&A and Related Transactions," UCLA Center for Mergers and Acquisitions, New York (2006)

"Professional Liability and Ethical Issues in Toxic Tort Litigation," American Bar Association, Tort Trial and Insurance Practice Section, Phoenix, Ariz. (2006)

"How The Legal System Is Impacted By Media Coverage," (Workshop panel moderator) American Bar Association, Litigation Section Image of the Profession Task Force, Northwestern University School of Law, Chicago (2005)

"Ethical Issues Facing Attorneys in M&A and Related Transactions," Seven Days of M&A at UCLA Conference, Los Angeles (2004)

"Developments in Unauthorized Practice of Law," Chicago-Lincoln American Inn of Court, Chicago (2003)

"Ethical Concerns Surrounding Settlement Negotiations," ABA Center for Continuing Education national teleconference (2002)

"Ethics 2001, Are You Ready for the Challenge?" ALI-ABA Televised Program discussing new developments in legal ethics and professional responsibility, Washington, D.C. (2001)

"Issues in Legal Ethics," Bench-Bar Conference, Toledo, Ohio (2001)

"New Developments in Legal Ethics," Colorado Springs, Colo. (2001)

"Ethics 2000: Should Litigators Care? Should Clients Care?" Chicago (2001)

"Ethical Issues for Corporate and Securities Lawyers," Ray Garrett Jr. Corporate and Securities Law Institute, Northwestern University Law School, Chicago (2000)

"Lawyer Advocate Going for Touchdown Crashes Into the Goalposts and Becomes a Defendant," Program presenting substantive issues relating to lawyer liability under the tort doctrine of abuse of process, using as the springboard for discussion a $45 million jury verdict against a law firm in the case of Lexecon v. Milberg, Weiss, Seattle, Wash. (2000)

"Ethical Issues in Mergers & Acquisitions: A Problem Approach," Fourth Annual Institute on Mergers & Acquisitions, University of Miami School of Law, Miami, Fla. (2000)

"Ethics Issues in the Courtroom," Atlanta, Ga. (1999)

"Is a Whole Generation Getting the Wrong Message on Ethics?" Dallas, Texas (1999)

"Proposed Uniform Rules of Conduct for United States Courts," Federal Practice Task Force, American Bar Association, Laguna Niguel, Calif. (1998)

"The Law And The Ethics of Lawyering," General Counsel Forum, PricewaterhouseCoopers, Chicago (1998)

"Developments in Legal Ethics," Chicago-Lincoln American Inn of Court, Chicago (1998)

"Emerging Issues in Legal Ethics," Indiana State Bar Association, Indianapolis, Ind. (1997)

"Of Course They Were Solvent! Just Ask Their Lawyers," Program presenting substantive issues relating to lawyer professional liability, legal ethics and trial evidence arising from a failed leveraged buy-out transaction, Orlando, Fla. (1996)

"The Law And The Ethics of Lawyering," General Counsel Forum, PricewaterhouseCoopers, Chicago (1996)

"When Ethics and Evidence Collide: a Case Study," Miami, Fla. (1996)

"Battling the Experts: A Workshop for Trial Lawyers," Chicago (1995)

Panelist, "The Ethics of Expert Witness Testimony," Conference of U.S. Bankruptcy Judges, Seventh Circuit, Chicago (1995)

"Trial Evidence for Today's Advocate: Everything You Really Wanted to Know and Use About Trial Evidence," New Orleans, La. (1994)

"Evidentiary Issues in the 90's: A Practical Potpourri," Washington (1993)

Pro Bono Activities

Mr. Alberts has extensive pro bono litigation experience, including civil rights actions, prisoner rights actions and a death penalty post-conviction action.

Awards and Honors

American Law Institute
Illinois Super Lawyers, Professional Liability: Defense
Laureate, Academy of Illinois Lawyers
Leading Lawyer - Litigation: General Commercial, Chambers USA — America's Leading Lawyers for Business
Leading Lawyer - Commercial Litigation; Professional Malpractice Defense Law: Including Legal/Tech/Financial, Illinois Leading Lawyers Network
Martindale-Hubbell — A/V Rated
Who's Who in American Law

Education

University of Chicago Law School(J.D., 1971)
Miami University(B.A., cum laude, 1968)Phi Beta Kappa

Teaching Appointments

Lecturer, University of Chicago Law School
"The Legal Profession" course on the law and ethics of lawyering

Adjunct Professor, Northwestern University School of Law
Courses in trial advocacy and legal ethics

Professional Memberships

American Bar Association
Section of Litigation
          Ethics and Professionalism Committee
                    Past Chair
          Trial Evidence Committee
                    Past Chair
Chicago Bar Association
Chicago Council of Lawyers