Overview

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.

Barry 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.

  • Credentials

    Education

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

    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 (Trial Bar)

        Professional Memberships

        American Bar Association

         

        Chicago Bar Association

         

        Chicago Council of Lawyers

        Teaching Appointments

        Lecturer, University of Chicago Law School (1995-present)

        “The Legal Profession” course on the law and ethics of lawyering

         

        Adjunct Professor, Northwestern University School of Law (1992-1996, 2006)

        Courses in trial advocacy and legal ethics

      • Insights

        Other Publications

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

        Speeches & Presentations

        “Ethics for M&A Lawyers,” 10th Annual Institute on Mergers & Acquisitions and Corporate Governance, New York, N.Y. (Sept. 27, 2013)

        “Limits on Who Can Be Interviewed after the Illinois Rule Change,” Ethics Update: Illinois Rule 4.2 Changes, Releases and Representational Issues, The College of Labor and Employment Lawyers, Chicago, Ill. (June 25, 2013)

         “Minding the Pole – New Attorney Professionalism and Ethics Guidance from the Field,” ABA Section of Litigation Roundtable (May 15, 2013)

        “When Do You Cross the Line? Counseling vs. Improper Facilitation of Client Wrongdoing,” 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute, Northwestern Law, Chicago, Ill. (May 3, 2013)

        “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, N.Y. (Sept. 21, 2012)

        “Continuing Legal Education Seminar,” Masco Corporation, Metamora, Mich. (June 21, 2012)

        “The Attorney-Client Privilege and Relevant Legal Ethics Issues,” Hill Rom, Inc., Batesville, Ind. (June 12, 2012)

        “Ethics in Real Estate Transactions,” The John Marshall Law School Center for Real Estate Law, Chicago, Ill. (May 2, 2012)

        “Conflicts of Interest,” Chicago Bar Association, Chicago, Ill. (Dec. 2, 2011)

        “Some Common Ethical Challenges in the Practice of Law by In-House Counsel,” North Shore General Counsel Association, Rosemont, Ill. (Nov. 8, 2011)

        “General Counsel-Alumni CLE Program,” Schiff Hardin LLP, Chicago, Ill. (Nov. 3, 2011)

        “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 (Oct. 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. (Dec. 7, 2010)

        “Ethics and Risk Management Seminar,” Michael Best & Friedrich LLP, Milwaukee, Wis. (Oct. 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 (Oct. 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 3rd 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 & Fiduciary Implications of the General Counsel & Corporate Secretary Roles,” Society of Corporate Secretaries and governance Professionals, Chicago, Ill. (Nov. 19, 2008)

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

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

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

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

        “Some Common Ethical Problems and the Practice of Law,” New York Life Insurance Company, New York, N.Y. (Sept. 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 2nd 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,
        Chicago, Ill. (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 19, 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. (Nov. 14, 2007)

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

        “Ethical Issues Facing Attorneys in M&A and Related Transactions,” UCLA Center for Mergers and Acquisitions, New York, N.Y. (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,” American Bar Association Litigation Section Image of the Profession Task Force workshop panel moderator at the Northwestern University School of Law, Chicago, Ill. (2005)

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

        “Developments in Unauthorized Practice of Law,” Chicago-Lincoln American Inn of Court, Chicago, Ill. (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,” American Bar Association, Section of Litigation, Colorado Springs, Colo. (2001)

        “Ethics 2000: Should Litigators Care? Should Clients Care?” American Bar Association, Section of Litigation, Chicago, Ill. (2001)

        “Ethical Issues for Corporate and Securities Lawyers,” Ray Garrett, Jr. Corporate and Securities Law Institute, Northwestern University Law School, Chicago, Ill. (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,” American Bar Association, Section of Litigation, Atlanta, Ga. (1999)

        “Is a Whole Generation Getting the Wrong Message on Ethics?” American Bar Association, Section of Litigation, 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, Ill. (1998)

        “Developments in Legal Ethics,” Chicago-Lincoln American Inn of Court, Chicago, Ill. (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 out of a failed leveraged buy out transaction), Orlando, Fla. (1996)

        “The Law And The Ethics of Lawyering,” General Counsel Forum, Price Waterhouse, Chicago, Ill. (1996)

        “When Ethics and Evidence Collide: a Case Study,” American Bar Association, Section of Litigation, Miami, Fla. (1996)

        “Battling the Experts: A Workshop for Trial Lawyers,” American Bar Association, Section of Litigation, Chicago, Ill. (1995)

        “The Ethics of Expert Witness Testimony,” (Panelist) Conference of United States Bankruptcy Judges, Seventh Circuit, Chicago, Ill. (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 D. C. (1993)

      • Citizenship

        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.