Overview

As chair of Schiff Hardin’s Energy Litigation Client Services Group, Barry draws from a deep well of experience to help clients navigate complex issues in an increasingly regulated legal environment. An accomplished trial attorney, he is known for his effective representation of public utilities, independent power producers, natural gas companies and other energy industry participants.

Barry understands the energy business. He succeeds by devising and implementing litigation strategies, and achieving desired results, consistent with his clients’ regulatory obligations and business objectives.

Barry has been admitted to appear pro hac vice in state and federal district courts throughout the United States, including New York, Texas, Florida, West Virginia, Utah, California, Virginia and Pennsylvania.

Barry has represented energy companies around the country in a wide array of federal and state court cases, arbitrations, mediations and administrative proceedings involving:

  • Clean Air Act citizens' suits
  • Transportation and marketing of natural gas
  • Renewable energy
  • Power purchase agreements
  • Open access transmission tariffs
  • Natural gas sales agreements
  • Power plant partnership disputes
  • Power plant maintenance agreements
  • Turbine defect claims
  • Regional transmission partnership issues
  • Government contracts
  • Insurance coverage disputes
  • Force majeure provisions
  • Asset and stock purchase and sale agreements
  • Experience

    Significant Energy Industry Litigation Matters

    • Trial counsel for independent power producer in defense of a citizens’ suit alleging violations of Federal and State regulations governing opacity and particulate matter emissions from coal fired power plant.
    • Trial counsel for commodities trading firm in connection with alleged breach of master rail car lease for transportation of Bakken crude oil.
    • Trial counsel for independent power producer in litigation arising in connection with alleged defaults under a long-term lease for an electric power generating plant.
    • Trial counsel for public utility in dispute resolution proceedings involving renewable energy facilities
    • Trial counsel for independent power producer in dispute arising in connection with alleged breach of electric power plant engine maintenance agreement and warranty claims for defective engine components
    • Trial counsel for independent power producer in connection with alleged breach of fiduciary duty and other claims arising under partnership agreement for ownership of electric power plant
    • Trial counsel for unregulated merchant energy subsidiary of publicly traded utility holding company in litigation challenging a declaration of force majeure under the NAESB standard form agreement for the purchase and sale of natural gas arising in connection with the Katrina and Rita hurricanes in the Gulf of Mexico
    • Trial counsel for public utility in arbitration seeking damages for alleged breaches of representations and warranties in stock purchase agreement
    • Trial counsel for unregulated merchant energy subsidiary of publicly traded utility in defense of class action lawsuits alleging price manipulation in connection with electric power auction
    • Trial counsel for independent power producer in litigation over alleged breach of power and capacity contract arising in connection with an equipment failure
    • Trial counsel in arbitration seeking damages for alleged breach of electric power marketing contract
    • Trial counsel in litigation for alleged breach of an open access transmission tariff for delivery of electric power
    • Trial counsel for public utility, in bankruptcy court, for pre-petition debt and post-petition adequate assurance claims and in related adversary proceedings involving efforts by debtor to reject and terminate electric power tariff
    • Trial counsel in litigation for natural gas marketer in 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 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

    Significant General Business Litigation Matters

    • Trial counsel in Federal Bankruptcy and Federal District Court claims proceedings and adversary actions in connection with substantial Ponzi scheme bankruptcy cases.
    • Trial counsel 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 residential/golf course community in face of condemnation proceedings by county government
    • 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
    • Trial counsel in civil suit by publicly traded heath care company to recover damages for alleged breaches of covenants, representations and warranties in merger and acquisition agreement, fraud and violations of Medicare and Medicaid regulations
  • Credentials

    Education

    • Case Western Reserve University School of Law, J.D., 1984
    • Connecticut College, B.A., 1981

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. District Court for the Central District of Illinois
    • U.S. District Court for the Northern District of Illinois (Trial Bar)
    • U.S. District Court for the Southern District of Illinois
    • U.S. Court of Federal Claims

      Professional Memberships

      • American Bar Association
      • Chicago Bar Association
      • Energy Bar Association
      • Illinois State Bar Association
    • Insights

      TITLE
      News Release

      95 Schiff Hardin Lawyers Named to 2018 Leading Lawyers Lists

      Ninety-six Schiff Hardin lawyers have been named to the 2018 Leading Lawyers lists for Illinois and Michigan.

      News Release

      99 Schiff Hardin Attorneys Named to 2017 Leading Lawyers List

      Ninety-nine Schiff Hardin lawyers have been named to the 2017 Leading Lawyers list for Illinois and Michigan.

      News Release

      91 Schiff Hardin Lawyers Named to 2016 Illinois, Michigan Leading Lawyers Network

      The list is comprised of those attorneys who are most recommended as top lawyers among their peers.

      Blog Post

      NGA Does not Preempt State Antitrust Suits

      Schiff Hardin Energy & Environmental Law Adviser

      Speeches & Presentations

      • “FTC Enforcement Actions in the Energy Industry,” Edison Electric Institute (Nov. 20, 2008)
      • “Application of FERC’s Anti-Manipulation Rules to Energy Trading Firms,” Chicago Bar Association Futures and Derivatives Law Committee (Jun. 18, 2007)
      • “Who Is Watching Now? Multi-Jurisdictional Enforcement Related to Energy Market Manipulation,” ABA Section on Public Utility Law (Apr. 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 (Jun. 17, 2004 and Jan. 13, 2005)

    Energy and Environmental Law Adviser

    Natural Gas Act Does Not Pre-empt State Antitrust Laws

    Last week, the U. S. Supreme Court handed down an important decision on the jurisdictional reach of the Natural Gas Act (NGA).  The Court concluded that the NGA does not pre-empt a long-running group of state-law antitrust suits aimed at alleged misconduct by natural gas pipelines. In Oneok, Inc. et al. v. Learjet, Inc. et... Continue Reading

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