Barry Landy

Career

Barry Landy is an accomplished trial lawyer at Ciresi Conlin LLP, renowned for his expertise in complex litigation, including breach of contract, fraud, trade secrets, financial services litigation, and class actions. With a track record of success in federal and state courts, he represents businesses and individuals nationwide. Barry’s skills extend to appellate advocacy, with appearances before multiple federal and state appellate courts.

Dedicated to his clients, Barry collaborates effectively with corporate counsel, business leaders, and counsel at other law firms to find efficient solutions. Noteworthy accomplishments include negotiating a $27 million settlement in a royalty fee dispute and serving as Co-Lead class counsel in a $12.5 million settlement for ERISA plaintiffs, successfully overcoming novel legal defenses. Beyond his legal practice, Barry actively contributes to his community, serving on the Minnesota Zoo Board of Trustees and participating in pro bono work for organizations like Minnesota Advocates for Human Rights and the ACLU.

Barry is consistently recognized for his outstanding legal skills and commitment to public service. Honored with the Arthur T. Pfefer Memorial Award by the Cardozo Society, he has also received accolades from Chambers USA, Benchmark Litigation, Best Lawyers, and Super Lawyers.

Work Highlights

Co-Lead Counsel Defending leading manufacturer of yearbooks, class rings, and school regalia in federal lawsuit by a competitor seeking “tens of millions of dollars” in damages after 21 independent sales representatives left the competitor to do business with the client manufacturer. The competitor asserted claims of trade secret misappropriation; violations of Minnesota’s Deceptive Trade Practices Act (MDTPA); tortious interference with the sales representatives’ non-compete, non-solicit, and confidentiality covenants; and tortious interference with the competitor’s prospective business relations with more than two thousand customers served by the sales representatives. Successfully obtained dismissal on a motion to dismiss of the MDTPA claim. Argued and achieved favorable outcomes in voluminous discovery motion practice, and obtained orders requiring the competitor to identify its trade secrets with heightened particularity and to identify all documents comprising its alleged trade secrets by bates number. The case resolved with a mediated settlement near the completion of document discovery. (2022-23)

Co-Lead Counsel representing prominent Minnesota law firm in a lawsuit by a former client claiming professional negligence, breach of fiduciary duty, breach of assumed duty, aiding and abetting fiduciary duty, breach of contract, and breach of contract accompanied by a fraudulent act. Obtained summary judgment on all counts. Meyer v. Anderson, No. 2:19-cv-00640-DCN, 2022 WL 17324998 (D.S.C. Nov. 29, 2022).

Lead Counsel Negotiating a settlement on behalf of a health insurer to a contractual dispute with a major health system concerning reimbursement rates.

Co-Lead Counsel Representing financial institution in lawsuit by a former shareholder alleging that the corporation engaged in fraudulent misrepresentation and violated the federal and state securities law. Obtained dismissal of the federal securities act claim and the remaining state law claims were remanded to state court. Rose v. Redwood Fin., Inc., 440 F. Supp. 3d 1004 (D. Minn. 2020). Upon remand, the case resolved on favorable terms before depositions commenced.

Lead Counsel Representing an individual accused of violating a non-solicitation clause in an employment agreement, defeating his former employer’s motion for a preliminary injunction. The case subsequently resolved with a settlement.

Lead Counsel Representing the Office of Governor Tim Walz in a lawsuit that pitted the Governor against the Chief Justice of the Minnesota Supreme Court and the Attorney General regarding the constitutionality of a 125-year-old Minnesota Statute’s requirement for the Board of Pardons (consisting of the Governor, Chief Justice, and Attorney General) to agree unanimously before the Governor may grant a pardon. Obtained a ruling from a district court judge declaring the law unconstitutional, which was later overturned by the Minnesota Supreme Court. Significantly, the Supreme Court’s decision explained that the Minnesota legislature had power to reform the system and eliminate the unanimous vote requirement. Thus, this legal challenge brought critical attention to the issue of access to clemency and laid the groundwork for legislative reform of the pardon and clemency process. On May 19, 2023, Governor Walz signed the landmark Public Safety Bill into law eliminating the unanimous vote requirement. The new law represents a much-needed shift in our approach to criminal justice, recognizing the importance of rehabilitation and second chances for incarcerated individuals.

Lead Counsel Representing a prominent Twin Cities law firm and attorney in multiple lawsuits regarding quantum meriut recovery for contingency cases that an attorney worked on while at the law firm.

Litigation and trial counsel in an international arbitration involving issues related to anti-bribery statutes (FCPA, UKBA, Sapin II, and EU Directives) as well as international tax issues.

Represented a manufacturer in a lawsuit against a major retailer regarding breach of contract and implied duties of good faith and fair dealing and counter claims totaling over $14 million. The case ended with a resolution and settlement.

Negotiated a $27 million settlement in a royalty fee dispute, with Jan Conlin and Heather McElroy, which was scheduled for arbitration. (2019)

Obtained a $12.5 million settlement as Co-Lead Class Counsel for ERISA Plaintiffs in Carver v. The Bank New York Mellon (S.D.N.Y.). Co-Lead Class Counsel representing ERISA participants, beneficiaries, and trustees that held American Depositary Receipts (“ADRs”) for which the Bank of New York Mellon (“BNYM”) acted as a depositary bank. Won a contested motion for interim-lead co-counsel and prevailed over BNYM’s motion to dismiss on an issue of “first impression” under ERISA law. (see Carver v. BNYM, 2017 WL 1208598 (S.D.N.Y. 2017).) Following substantial and highly contested fact and expert discovery, including review of nearly three million pages of documents, taking or defending 24 depositions, briefing a motion for class certification, opposing summary judgment, and exchanging multiple rounds of expert reports, successfully obtained a settlement on behalf of the Class for $12.5 million, which the Court approved in May 2019. (2019)

Co-Lead Counsel Representing a financial services firm that operates hedge funds, private investments, advisory services, and management of public companies in disputes where former partners brought actions against the partnership claiming they were entitled to millions in excess of what was provided in the partnership agreement. In one case, brought a declaratory judgment action in federal court seeking enforcement of the partnership agreement and successfully obtained dismissal on a motion to dismiss of four of the six counts raised in the counterclaim, including breach of contract, breach of the mandatory disaffiliation provision, and two counts of breach of the implied duty of good faith and fair dealing. The case resolved shortly thereafter with a settlement. In the other case, negotiated a resolution prior to the complaint ever being filed. (2017, 2019)

Represented Hubbard Broadcasting in a lawsuit brought by an employee of a company it had acquired. The case ended with a resolution and settlement. (2019)

Lead Counsel Representing company that produces hand-made all-natural gourmet popcorn in a lawsuit by a former independent contractor claiming he was an employee and entitled to additional compensation upon termination. The case ended with a resolution and settlement. (2019)

Represented manufacturer of unmanned air systems and drone system technology to recoup unpaid funds of $1.3 million from a utility company in breach of the parties’ contract. (2018)

Represented a fortune 500 company being investigated by the SEC for alleged violations of the Foreign Corrupt Practices Act (“FCPA”). The case ended with a resolution and settlement with terms favorable to the client.

Lead Counsel Representing an individual under investigation by CFA institute alleging the client solicited clients when he changed jobs in violation of the CFA Institutes Rules. Obtained dismissal of the investigation without referral for an investigatory hearing.

Represented pro bono client against allegations of breach of contract claiming damages over $800,000. The case ended with a settlement with terms favorable to the client.

Represented President of Higher Education Institution in obtaining a favorable resolution related to the President’s employment agreement. (2016)

Counsel for plaintiffs in consolidated ERISA action against ten of the world’s largest banks in In re Foreign Exchange Benchmark Rates Antitrust Litigation.

Represented defendant at trial and on appeal in a case involving a non-compete and forfeiture of retirement benefits. (2016)

Represented broker-dealer in a FINRA arbitration related to allegations of an unsuitable investment recommendation and lack of supervision by the broker-dealer.

Represented the Minnesota Chapter of the American Civil Liberties Union (ACLU) in the Keefe v. Adams case and drafted and amicus brief before the United States Court of Appeals for the Eighth Circuit.

Performed internal investigations of clients regarding allegations of improper marketing materials and wire fraud.

Represented a company in the United States District Court for the Central District of Illinois that coordinates the manufacture and distribution of Chinese-manufactured goods to customers throughout the world. Defended the company against 16 claims, including breach of contract, breach of warranties, fraud, trademark infringement, unfair competition, deceptive trade practices and patent infringement. Also brought a breach-of-contract counterclaim against the Plaintiff. The case ended with a settlement with terms favorable to the client.