Barry Golden Partner

Barry Golden is a litigator and the Co-Chair of Egan Nelson’s Commercial Litigation Group. Barry’s clients have included large corporations as well as smaller, privately-owned business, and their respective owners, officers, directors, and managers.  Throughout his career, Barry has handled high-stakes litigation, often including bet-the-company matters.

Barry’s experience includes commercial litigation (disputes involving, for example, breaches of contract, business torts, defamation, fraud, antitrust, and RICO), bankruptcy litigation (as counsel for Trustee and for creditors), class-actions, computer-technology litigation (such as failed-software-implementation matters, cybersquatting disputes, and click-fraud cases), employment litigation (including matters featuring illegal termination, non-competes, and theft of trade secrets), and intellectual-property litigation (trademark, copyright, and patent).

Barry litigates in both state and federal courts throughout the country and represents both plaintiffs and defendants. He also serves as local counsel for out-of-state clients whose attorneys need someone experienced with Texas local practice, knowledge of Texas courts, and an outstanding local reputation.

Before joining Egan Nelson, Barry was a Partner with the AmLaw 200 firm of Gardere Wynne Sewell LLP.

EDUCATION

• University of Virginia School of Law (J.D. 1997; Phi Delta Phi, Editorial Board of Virginia Environmental Law Journal).
• University of Richmond (B.A. 1994; summa cum laude, Phi Beta Kappa).

HONORS AND DISTINCTIONS

• Super Lawyers (awarded three times, 2013-2015).
• Texas Rising Stars (awarded nine times, 2004 – 2012).
• Outstanding Attorneys Under 40 Award, Cardozo Society, Jewish Federation of Dallas (awarded two times, 2010, 2012).

BAR ADMISSIONS

• State of Texas.
• U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas.
• U.S. Court of Appeals for the Fifth Circuit.
• U.S. Bankruptcy Courts for the Northern District of Texas and Southern District of Texas.

PRESENT OR RECENT COMMUNITY INVOLVEMENT

• Member, Board of Trust, The Dallas Institute of Humanities and Culture.
• Assistant General Counsel and Vice President, Board of Trustees, The Writer’s Garrett.
• Alumni Fundraising Representative, University of Virginia School of Law.
• Member, University of Virginia Alumni Club.
• Member, Virginia Club of Dallas.
• Member, Luke’s Locker Marathon Training Program.
• Captain, Temple Shalom Brotherhood Softball League.

PUBLICATIONS AND SPEECHES

• Co-author of nine class-action articles that appeared in the Texas Business Litigation Journal (2007-2015).
• Co-author and editor of two antitrust chapters that appeared in The Insurance Handbook (ABA Antitrust Law Section) (2006, 2015).
• Lecturer on class-action law at three of the State Bar of Texas Antitrust and Business Litigation Section’s Class Action Seminars (2002, 2006, 2009).
• Guest lecturer in antitrust and computer-technology-law classes at SMU Dedman School of Law (2006, 2007).

SAMPLING OF REPRESENTATIVE MATTERS

• Litigated numerous multi-million dollar lawsuits on behalf of a bankruptcy trustee. Tried six of these cases to verdict (after over 50 days in trial), and two of these cases through appeal to the U.S. Court of Appeals for the Fifth Circuit. Defeated tens of millions of dollars in creditor claims and recovered millions of dollars in fraudulent transfer and preferences. Referred to by the presiding bankruptcy judge as “the most complicated and the most litigious” matters “in the history of the Amarillo, Lubbock, Abilene, and San Angelo divisions of the Court.”

• Litigated over a dozen class actions, including ones seeking damages in the tens and even hundreds of millions of dollars.  His clients in these cases included, among others, a publicly-traded vitamin-and-supplement chain, a well-known car-rental company, the second-largest electric cooperative in Texas, a publicly-traded restaurant chain, an insurance company listed in the top 50 of the Fortune Global 500, and a houseware retail chain with over 500 stores. All cases resulted in Barry either defeating the motions for class certification, persuading the plaintiffs to dismiss his clients, or achieving a settlement by which the class members received coupons but not cash.  No client of Barry ever paid money to the class.

• Litigated numerous lawsuits resulting from failed multi-million-dollar computer-software implementations.  These lawsuits were all very “tech heavy,” requiring numerous experts and Barry’s strong understanding of the underlying technical evidence. His clients in these cases included, among others, one of the most populous counties in Texas and a network of hospitals.  In all cases, Barry either prevailed by motion to the judge or achieved favorable settlements for his clients.

• Defended a Texas software company against a Utah competitor for theft of trade secrets.  The Utah company filed suit in Utah and set a hearing on a temporary restraining order for the next day. He removed the case to federal court, causing the hearing to be cancelled, and successfully moved to dismiss the lawsuit for lack of personal jurisdiction.  The matter later settled with Barry’s client paying nothing to the competitor.

• Defended a steel company against a former employee who sued for wrongful termination in a high-profile matter covered on prime-time-network television and radio.  Barry not only defeated the plaintiff’s claims on summary judgment, he successfully moved for summary judgment on his counterclaims for fraud, money had and received, and defamation.  The judge not only awarded his client damages for its counterclaims, but also for sanctions against the plaintiff.  Barry then successfully persuaded several media sources either to remove news stories about the case from the internet or to publish new stories featuring his client’s victories.

• Prosecuted copyright and trademark claims on behalf of a software company.  After he defeated a motion to dismiss and succeeded on a motion for preliminary injunction, Barry received an extremely favorable settlement that included the defendant’s admission of copyright and trademark infringement.

• Defended a Texas publishing company against claims from an author.  After written discovery and depositions, Barry settled the case with his client paying nothing to the author.

• Defended numerous former officers and directors of a bankrupt retail chain against state tax collectors.  The states claimed that his clients personally owed hundreds of thousands of dollars from unpaid taxes incurred by the company.  In all cases, Barry either persuaded the states to drop their claims, or he litigated them and received opinions freeing his clients from all liability.

• Represented the co-founder of one of America’s leading restaurant and entertainment concepts, the lead singer of one of the world’s best-selling bands of all time, and a company co-owned by a former NFL running back and Heisman Award winner.