Barry Barnett
Partner
Houston Office Phone: (713) 653-7891 New York Office Phone: (212) 729-2024 Dallas Office Phone: 866-754-1900 Email Download vCard Print Bio to PDF
Education
  • Yale University (B.A., Economics and History (honors), magna cum laude, 1981)
  • Harvard Law School (J.D., cum laude, 1984).
Judicial Clerkship

Law Clerk to The Honorable Jerre S. Williams, United States Court of Appeals, Fifth Circuit (1984-85).

Barry Barnett
Partner

An “incredibly gifted lawyer” (Chambers and Partners), Barry Barnett is the go-to choice of sophisticated business clients facing high-stakes business disputes. Colleagues call him “magic in the courtroom” (Who’s Who Legal) and in 2017 and 2019 voted him the Best Lawyers Lawyer of the Year for Bet-the-Company Litigation in Houston. With offices in Dallas, Houston, and New York, he has successfully navigated complex matters across the United States for more than three decades.

Trial counsel

Barnett’s credentials match his knowledge and skill. He is a Fellow in the American College of Trial Lawyers, for example, an Elected Member of the American Law Institute, and an honors graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, he is master strategist in commercial litigation.

Barnett focuses on complex matters, especially ones involving antitrust, energy, or intellectual property. He has represented major corporations like Alaska Airlines, Cisco Systems, KKR, Neiman Marcus Group, and Texas Instruments. He’s also battled for clients against behemoths like Abbott Labs, Apple, AT&T, Comcast, JPMorgan Chase, Samsung, and Visa.

Barnett projects a compelling courtroom presence. His performance before the Supreme Court in Comcast Corp. v. Behrend prompted the Court to withdraw the question on which it had granted review. The judge in a patent infringement trial called him “one of the best” and his opening statement the finest he had ever seen. Another trial judge told Barnett minutes after a jury returned a favorable verdict that he was one of the two best trial lawyers he’d ever come across—adding that the other one was dead.

Complete package

Barnett can handle a case from start to finish. He’s tried cases to verdict and then briefed and argued them when they went before appellate courts, including the Third, Fifth, and Tenth Circuits, the Supreme Court of Louisiana, and even (in the case of Comcast Corp. v. Behrend) the Supreme Court of the United States.

Barnett is a sought-after public speaker, serving on panels and talking on topics like the hottest claims, trial of class actions, and techniques for streamlining litigation. He also comments on trends in commercial litigation and the implications of major rulings for outlets such as NPR, Reuters,

Law360, Corporate Counsel, and The Dallas Morning News. He’s even appeared on Frontline.

Hard-graders

Clients and other hard graders have praised Barnett for his courtroom skills and legal acumen.

“Barry Barnett was magnificent in trying this case,” said Energy Future Holdings’ general counsel after Barnett led a trial team that defeated $500 million claims relating to power plants, a lignite mine, and an aluminum smelter. “We couldn’t ask for more able trial counsel.”

A client in a $100 million oil and gas case, which Barnett’s team won at trial and held on appeal, said Barnett and his team “presented a rare combination of strong legal intellect, common sense about right and wrong, and credibility in the courtroom.”

Chambers and Partners calls him “an incredibly gifted lawyer” who earns “widespread praise from peers””, “particularly [for] his notable courtroom skills.” Who’s Who Legal says he does “a fantastic job for his clients”. And Best Lawyers named him the 2017 and 2019 Lawyer of the Year for Bet-the-Company Litigation in Houston.

Keeping perspective

Barnett appreciates that clients face many pressures. Managing the stress is important, especially in matters that take years to resolve. He encourages clients to call him whenever they have a question or concern and to keep the inevitable ups and downs in perspective. He wants them to know that he will do his level best to help them achieve their legitimate goals. He also strives to foster trust and to make working with him a pleasure. Winning makes that easier.

Superb clients

A wide range of business clients have entrusted their critical matters to Barnett, including the ones you see below.

Public Companies:
  • Alaska Airlines
  • Cisco Systems
  • EMC
  • Encana Oil & Gas
  • International Securities Exchange
  • KKR & Co.
  • Neiman Marcus
  • Trammell Crow Company
  • Texas Instruments
  • Vistra Energy
  • Whiting Petroleum
Private Companies:
  • Duane Reade
  • Energy Future Holdings
  • Firth Rixson
  • Innovative Sonic
  • Insight Equity
  • INVeSHARE
  • Luminant Generation
  • Mewbourne Oil & Gas
  • Morris & Dickson Co.
  • Oak Hill Capital
  • Olympia Minerals
  • RainTree Oncology
  • TXU Energy
  • Valor Equity
  • Wagner & Brown
 Personal

Barnett knows how to get along with all sorts of people. A son of a roughneck and a Texas native, he grew up in Nacogdoches, the oldest town in Texas. While co-captaining his high school varsity football team, he also served as the Editor of Key Club’s Texas-Oklahoma District and sang in the East Texas All Region Choir. His wide-ranging experience helps him connect with clients, judges, jurors, witnesses, and even opposing counsel.

Barnett is steady and loyal. He has practiced at Susman Godfrey his entire career – 34 years. He and his wife Nancy live in Dallas and enjoy spending time in Houston and New York. Their daughter works in Houston, and their son is a student at Columbia Law School.

As a member of Ivy League championship football teams in his junior and senior years at Yale and a parent of two Yalies, Barnett has no trouble choosing sides for The Game in November. And he knows how important fighting until the end is. On his last play from scrimmage, during the waning minutes of The Game on Nov. 22, 1980, he recovered a Crimson fumble.

Yale won, 14-0.

Trials

To see a list of the cases Barnett has tried and get contact information for judges, arbitrators, and opposing counsel, click on this List of Trials.

Honors and Distinctions

Academy of American Legal Writers, Board Member (2012-2019).

American College of Trial Lawyers, Fellow (2014-2019).

American Law Institute, Elected Member (2007-2019).

The Best Lawyers in America, Lawyer of the Year in Bet-the-Company Litigation (2017 and 2019), Bet-the-Company Litigation (2010-2019), Class Actions (2015-19), Commercial Litigation (2003-2019), Litigation – Antitrust (2012-2019), Litigation – Intellectual Property (2012-2019), and Litigation – Patent (2012-2019) (Copyright by Woodward White Inc.).

Chambers USA: America’s Leading Lawyers for Business in Antitrust and General Commercial Litigation (2007-2019).

Martindale-Hubbell AV (highest) rating (1995-2016).

Texas Super Lawyer in Business Litigation, Antitrust Litigation, Class Action/Mass Torts, and Energy & Natural Resources (variously 2003-2019), Law & Politics Magazine (Thomson Reuters).

Articles
  • Creator and blogger-in-chief, The Contingency, one of the top 10 law blogs in LexBlog.
  • Interviews by and articles for NPR’s “Marketplace” report, Law Blogof The Wall Street Journal, Texas Lawyer, ABA Journalbusiness torts “Hot Topics” by the Litigation Section of the Texas Bar Association, Global Competition Review, Kansas City Business Journal, The Dallas Morning News, Blawg Review, Texas Cable News, D CEO, and Dallas Business Journal.
  • Author and speaker at continuing legal education seminars, including “The Hottest Oil & Gas Claims” at the 66th Annual Oil & Gas Law Conference, Current Issues in Multidistrict Litigation and Class Actions” at the Third Circuit Judicial Conference; “Daubert in Class Certification Hearings: The Standard After Comcast” for ABA Section of Antitrust Law; and “Current Developments in Business Litigation”, American Bar Association.
Professional Associations and Memberships
Bar Memberships

State Bar of New York.

State Bar of Texas.

Bar of the Supreme Court of the United States of America.

Bars of the United States Courts of Appeals for the Third, Fifth, and Tenth Circuits.

Bars of the United States District Courts for the Northern, Eastern, Southern, and Western Districts of Texas; the Eastern and Southern Districts of New York; the District of Arizona; and the District of Colorado.

Professional and Civic Associations

American Bar Association; Section of Litigation and Section of Antitrust Law; American Association for Justice; Dallas Bar Association; Federal Bar Association Houston Bar Association.

Center for American and International Law, Executive Committee (2016-19) and Trustee (2011-2019). Yale Club of Dallas; Harvard Club of Dallas; Yale Club of New York City.

Greenhill School, Addison, Texas, Trustee (2007-2013).

New-York Historical Society, Trustee (2016-2019) and Chairman’s Council (2012-2019).

Life Fellow, American Bar Foundation, Texas Bar Foundation, Dallas Bar Foundation, and Houston Bar Foundation.