Barry M. Landy

Partner

I strive to make the legal and broader community a better place. Every day, I share my passion for the law, community, and justice with my colleagues and clients. By working in collaborative teams, we tackle complex legal questions, identify potential problems, and find innovative solutions. We have a shared commitment to achieve excellence and we rely on each other—using our deeply honed skills—in hopes of achieving just results.

Experience

Barry Landy is a Ciresi Conlin LLP trial lawyer. He has represented both businesses and individuals in complex civil cases, including breach of contract, fraud, financial services litigation, class actions, partnership disputes, internal investigations, and employment matters across the country in federal and state court. Barry has tried multiple cases to verdict and has vast experience in all aspects of litigation. In addition, Barry has significant appellate experience, appearing before the United States Court of Appeals for the Eighth Circuit, Ninth Circuit, and Federal Circuit as well as the Minnesota state appellate courts.

Barry works zealously to protect his clients’ interests and works collaboratively with corporate counsel, business leaders, individual clients, and counsel at other law firms to find the most efficient way to solve problems for his clients. Recent successes includes negotiating a $27 million settlement in a royalty fee dispute in a case scheduled for arbitration with his partners and obtaining a $12.5 million settlement as Co-Lead class counsel for ERISA plaintiffs where he argued and prevailed over the defenses’ motion to dismiss on an issue of “first impression” under ERISA law.

Barry is an active member of the Cardozo Society serving as a member of the Steering Committee, a Co-Chair of Community Outreach, and a Vice-Chair of the annual dinner. Additionally, Barry is an officer of the Minnesota Federal Bar Association, currently serving as a Co-Vice President of Legal Education. Barry is also involved in the Hennepin County Bar Association, currently serving on the Board of Directors, the Finance and Planning Committee, a Co-Chair of the Civil Litigation Section, and the Chair of the New Lawyers’ Taskforce. Barry has also provided many hours of pro bono service to the community as a volunteer attorney for the Minnesota Advocates for the Human Rights, Twin Cities Pride, the American Civil Liberties Union of Minnesota, and the Office of the Governor Tim Walz.

Barry was recently awarded the Arthur T. Pfefer Memorial Award by the Cardozo Society, which is given to one attorney each year in the Twin Cities that displays leadership, ambition, and a commitment to public service (2021). Barry has also been recognized in Benchmark Litigation’s  “40 & Under Hot List” (2019-2020), Best Lawyers: One to Watch for Commercial Litigation (2021), an Up & Coming Attorney by Minnesota Lawyer (2020), and as a Minnesota Rising Star by Super Lawyers (2019-2020).

Barry’s experience includes a federal court judicial clerkship for the Honorable Susan Richard Nelson, United States District Court for the District of Minnesota. Barry is a magna cum laude graduate of the University of Minnesota Law School where he was an articles editor of the Minnesota Law Review and a student director of the University of Minnesota’s Workers’ Rights Legal Clinic. He received his undergraduate degree in Political Science with distinction from the University of Wisconsin-Madison.

Bar Admissions

  • Minnesota
  • U.S. District Court, Minnesota
  • U.S. District Court, Central District of Illinois
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Federal Circuit

Selected Case Results

Represented 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.

Represents the Office of Governor Tim Walz in a lawsuit regarding the constitutionality of a Minnesota Statute’s requirement for the Board of Pardons to agree unanimously before the Governor may grant a pardon.

Represents 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)

Represented 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)

Represented 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.

Represented 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.

Represented a former in-house counsel in an investigation by the United States in connection with a grand jury subpoena issued by the government seeking testimony about fraud that allegedly occurred at the client’s former employer related to the Foreign Corrupt Practices Act and International Traffic in Arms Regulations.

Represented a Fortune 500 company in complying with subpoenas related to a government investigation involving allegations of consumer fraud.

Represented an individual alleged by the United States to have committed wire fraud in plea negotiations with the District of Minnesota’s United States Attorneys’ Office and sentencing in the United States District Court for the District of Minnesota. The client obtained the minimum sentence under the federal sentencing guidelines.

Represented Twin Cities Pride in a legal battle against the Minneapolis Park and Recreation Board regarding First Amendment claims at the annual Pride Festival. Reached a settlement with the Minneapolis Park and Recreation Board with terms favorable to our client.

Represented a prominent Somali journalist in his efforts to obtain asylum in the United States. The client had endured many verbal and physical attacks because of his job, was forced to flee his homeland after his colleagues were murdered by terrorists, and yet still spoke of journalism as a voice for those who are silenced by fear of persecution. Assisted the client in preparing his affirmative asylum application to the United States Department of Homeland Security and participated in an interview with government officials regarding his application. The United States granted his asylum application in May 2012.

Case results before 2016 were achieved while Barry was at a former firm.

Recognition

Awarded the Arthur T. Pfefer Memorial Award by Twin Cities Cardozo Society (2021)

Named to Best Lawyers: Ones To Watch for Commercial Litigation (2021)

Named an “Up & Coming Attorney,” Minnesota Lawyer (2020)

Named a “Minnesota Rising Star,” Super Lawyers (2019-2021)

Named to Benchmark Litigation “40 & Under Hot List” (formerly “Under 40 Hot List”) of leading national litigators (2019, 2020)

  • Read more about Barry’s selection to the 2020 40 & Under Hot List here.

 

**Being named to a list or receiving an award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

Community Service

Minnesota Chapter of the Federal Bar Association

  • Member of the Board of Directors (2021-present)
  • Co-Vice President of Monthly Lunches (2021-present)
  • Co-Vice President of Legal Education (2020- present)
  • Member of the Legal Education Committee (2014-2019)

Hennepin County Bar Association

  • Co-Chair, Hennepin County Bar Association’s Civil Litigation Section (2015-present)
  • Sections Representative, Board of Directors of the Hennepin County Bar Association (2016-2019)
  • At-Large Representative, Board of Directors of the Hennepin County Bar Association (2020-present)
  • Member, Finance and Planning Committee of the Hennepin County Bar Association (2017, 2020)
  • Chair, New Lawyers Taskforce for the Hennepin County Bar Association (2020)

Twin Cities Cardozo Society

  • Member of the Steering Committee (2019-present)
  • Co-Chair of Community Outreach (2019-present)
  • Co-Chair of the Annual Dinner (2020-present)

Advocates for Human Rights

  • Volunteer Attorney (2010-2012)

Northstar-Logo Jpeg

Articles

Meet HCBA Member Barry Landy, February 21, 2020, Hennepin County Bar Association

  • https://www.mnbar.org/hennepin-county-bar-association/about-hcba/news-releases-and-blog-posts/blogs/2020/02/21/meet-hcba-member-barry-landy

“Deterring Fraud to Increase Public Confidence: Why Congress Should Allow Government Employees to File Qui Tam Lawsuits,” 94 Minnesota Law Review 1239 (2010)

“The Civil Litigation Section: Revitalizing to Better Serve You,” The Hennepin Lawyer Magazine (December 2016)

“Chapter Hosts Successful 2017 Federal Practice Seminar,” Bar Talk, Minnesota Federal Bar Association Newsletter (Sept. 11, 2017).

Speeches

Business Valuations in the Time of COVID-19, Hennepin County Bar Association (moderator) (November 2020)

Best Practices: Special Considerations for Bench Trials and Evidentiary Hearings, Hennepin County Bar Association (moderator) (April 2019)

The Power of Mindful Lawyering, Hennepin County Bar Association (moderator) (April 2018)

Practicing Law Across Generations, Minnesota Federal Bar Association and Hennepin County Bar Association (panelist) (March 2017)

Internal Investigations 101, Hennepin County Bar Association (moderator) (January 2016)