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 a $375 million settlement in a REIT dispute, 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 trial counsel alongside Jan Conlin in securing a $375 million settlement on behalf of Pine River Capital Management in a high-profile, five-year litigation involving breach of contract, trade secrets, and fiduciary duties. The case featured 27 fact depositions, 17 expert depositions, and extensive motion practice, and raised novel questions about REIT governance and the enforceability of investment management agreements under the Investment Advisers Act. Barry took the pivotal deposition of the defendant’s corporate representative, which was cited over 55 times by the court at summary judgment, dismissing all counterclaims and granting liability for breach of contract for our client. Read more about Ciresi Conlin’s work here.

Lead Counsel defending leading relocation management company against competitor seeking damages and injunctive relief for claims of trade secret misappropriation, breach of contract, tortious interference with existing and prospective customer relationships, and violations of Minnesota’s Deceptive Trade Practices Act in connection with client’s development of proprietary software. Obtained Rule 12 dismissal of multiple claims and prevailed on extensive discovery motion practice, including obtaining sanctions precluding plaintiff from asserting scores of newly identified trade secrets. Completed voluminous fact and expert discovery, including the production and review of millions of pages of documents, source code inspections, and 24 depositions. Case resolved with a mediated settlement days after the completion of expert depositions. Plus One, LLC v. Capital Relocation Services, LLC, No. 23-cv-2016 (D. Minn).

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.

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