Barry is a member of Frost Brown Todd LLC. His practice is focused on commercial litigation, concentrating in securities litigation, coal sales and other energy litigation, professional liability cases and other complex litigation matters.
Barry has defended several major securities fraud claims against corporations and their directors and officers, including most recently, a major 10b-5 claim leading to the collapse of Kentucky Central Life Insurance Company in the Eastern District of Kentucky and a class action claim arising out of the decline in the stock price of VideoLan Technologies, Inc., in the Western District of Kentucky. He has also represented various accounting firms in defense of securities and malpractice claims arising out of audits, special reports and compilations. He has litigated several cutting edge accountant liability issues including the extent of an accountant's securities liability in the wake of the Supreme Court's abolition of aider and abettor liability; the extent of an accountant's malpractice liability to non-clients; and the extent of liability where a CPA merely compiles financial statements.
Barry has also litigated an extensive array of coal sales and other energy related cases. In coal sales, Barry has prepared and tried numerous lawsuits, state and federal, and numerous arbitrations on behalf of coal producers and public utilities. He has also defended coal producers in “lost coal” cases brought by landowners complaining about the sterilization of coal reserves. Finally, Barry has represented major oil companies in a variety of lawsuits against contract counter-parties and government regulators.
Barry has also had extensive experience in both defending and prosecuting attorney malpractice cases, and in the process has litigated numerous hotly debated liability and privilege issues including whether attorneys can be held liable to third parties who rely on their work, and whether an attorney can assert privilege over communications when they seek advice from other lawyers about their potential breach of duty to an existing client.