David A. Barrett

Partner
New York City

t: 212 446 2310
f: 212 446 2350

dbarrett@bsfllp.com

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Areas of Practice

Litigation

Antitrust

Class Actions

Intellectual Property

Securities Litigation

Education

Columbia Law School, J.D., 1974; Ordronaux Prize (first in graduating class); James Kent Scholar; Columbia Law Review, Contributing Editor

Harvard University, A.B., cum laude, History and Literature, 1971; John Harvard Scholarship

Clerkships

Justice Thurgood Marshall, United States Supreme Court, 1976-1977

Judge Wilfred Feinberg, United States Court of Appeals for the Second Circuit, 1974-1975

Admissions

New York

United States Supreme Court

United States District Courts: Southern, Eastern and Northern Districts of New York

David Barrett's main practice areas include antitrust, appellate, commercial and insurance litigation, intellectual property, class actions, arbitration and mediation, and securities litigation.

Mr. Barrett is currently defending Man Group plc in a billion-dollar securities class action that was initially dismissed with approval pending of Man's $32.5 million settlement; he is co-lead counsel for the plaintiff classes in litigation on behalf of investors in two of the largest "feeder funds' - Fairfield Greenwich and Kingate - that financed Bernard Madoff's massive Ponzi scheme; is prosecuting antitrust monopolization claims for the largest private-label manufacturer of absorbent hygiene products against Kimberly-Clark, an industry-leading brand-name manufacturer; and representing a number of hedge funds in commercial and fraud litigation.

In recent cases, Mr. Barrett won summary judgment, upheld on appeal, for Fresh Del Monte against class-action monopolization claims based on alleged patent misuse; represented the Attorney General of Mississippi as special counsel in antitrust litigation against Microsoft that achieved the largest per capita settlement of any of such suits brought by multiple states; successfully represented a dozen hedge funds in pursuing claims for hundreds of millions of dollars against JPMorgan Chase and Citicorp for assisting Enron in obtaining bank loans through fraudulent accounting practices; and won summary judgment for Goldman Sachs in securities fraud litigation.

Mr. Barrett's major matters in recent years also include winning an $80 million arbitration award against a major international insurer in a coverage dispute about an unusual financial guaranty policy; victories at trial and on appeal for a leading international bank sued for fraud by foreign exchange traders; recovering millions of dollars on breach of fiduciary duty claims against a major bank trustee; representation of the FDIC in claims against officers, directors and auditors of failed banks that led to recoveries of over $100 million; and responsibility in hotly-contested litigation over fashion-industry sales practices for a score of expert witnesses in fields as diverse as economics, marketing, survey research and fashion design.

Before joining Boies, Schiller & Flexner LLP in 2000, Mr. Barrett founded the law firm of Barrett, Gravante, Carpinello & Stern LLP. Mr. Barrett was Associate Professor at Rutgers Law School from 1985-1987, teaching contracts and antitrust. Before that, he practiced at Cravath, Swaine & Moore, and served as Special Counsel-Legislation at the United States Department of Justice and as a Karpatkin Fellow at the American Civil Liberties Union.

Mr. Barrett serves on the Board of Visitors at Columbia Law School and is vice president of the Board of Directors of Spence-Chapin Services to Families and Children. He is a member of United States Senator Charles Schumer's (D-NY) Judicial Screening Panel, and has been a court-appointed receiver nominated by the SEC to administer disgorgement funds recovered by the government in securities fraud cases.

Selected Professional Awards and Associations

New York City Bar Association

Selected Publications and Presentations

Declaratory Judgments for Libel, 74 Cal.L.Rev. 847 (1986), reprinted in Reforming Libel Law (ed. J.Soloski & R. Bezanson 1992)

Constitutional Limitations on Discriminatory State Tax Laws, New York University Second Annual Institute on State & Local Taxation (1984)