While Barry has substantial experience in commercial and employment disputes, he has a particular expertise in disputes involving securities, commodities and derivatives.

Barry recently retired from the law firm of Foley & Lardner, where he was responsible for securities and commodities litigation and other disputes, securities and commodity futures regulatory and law enforcement investigations and internal investigations.  He also served as the Independent Consultant to the New York Stock Exchange in connection with the settlement of an SEC enforcement action.  In addition, Barry previously headed the Firm's Securities Enforcement and Litigation practice and was a member of the Securities, Commodities and Exchange Regulation practice.

Prior to joining Foley, Barry served as Senior Vice President and General Counsel for Global Litigation, Employment and Regulatory Affairs at Merrill Lynch & Co., Inc., where he managed all litigation, employment and regulatory investigative matters, evaluated litigation risk and supervised over 75 lawyers, paralegals and other personnel. He also held a variety of other legal management roles at Merrill Lynch during his 17 year tenure at the company, including management of Private Client Litigation, Capital Markets Litigation and head of Private Client Compliance, Capital Markets Compliance and Global Compliance. 

Barry was responsible for Merrill Lynch’s largest, most sensitive and most complex regulatory, criminal and civil matters.  Some representative matters include:

  • The municipal crisis (Multiple ciminal and regulatory investigations and litigation),
  • Sumitomo (Multiple regulatory investigations, regulatory proceedings and litigation growing out of a rogue trader's effort to corner the world copper futures market),
  • Codelco (Settlement of a major dispute with a Chilean company),
  • Enron (Multiple regulatory and criminal investigations and prosecutions, regulatory proceedings, congressional hearings and litigation growing out of the collapse of Enron),
  • Research analysts (Multiple regulatory settlements, arbitration and litigation),
  • Market timing (Regulatory settlements, and litigation), and
  • Auction rate securities (Multiple regulatory settlements and a variety of arbitrations and litigation). 

Barry also was head of Diversity for the Firm's Legal Department.

Prior to joining Merrill Lynch, Barry was a partner at Baer Marks & Upham LLP where he practiced for 15 years and also served on the firm’s management committee. Among the high profile matters he handled were his representation of: 

  • the Commodity Exchange, Inc. ("Comex") in the "silver" commodity futures litigation where the Hunt brothers of Texas were charged with attempting to corner the world's supply of silver;
  • defendants in white collar criminal trials who were charged with using the crude oil futures market to establish fictitious tax losses; and
  • the representation of a university charged with gender discrimination.

Barry began his career as an attorney with the U.S. Securities and Exchange Commission  and also served as Branch Chief in its Division of Enforcement, New York Regional Office, where he handled various investigations, and civil, criminal contempt and administrative trials, including cases that went to the U.S. Supreme Court and U.S. Court of Appeals for the Second Circuit.  Barry's cases also involved a number of cutting edge issues.

In recognition of his experience, Barry has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He also has been selected by his peers for inclusion in The Best Lawyers in America© since 2012.

Barry has been a frequent and regular speaker at various seminars and conferences, including the annual SIFMA Law and Compliance meeting where he has spoken for over 35 years on topics in regulatory and criminal enforcement, handling regulatory matters, securities litigation, ethics and internal investigations.

Barry is a former member of the SIFMA Compliance and Legal Division Executive Committee.


Barry received his J.D., from Brooklyn Law School in 1971 and his BBA in accounting from the City College of New York in 1967.

Barry is admitted to practice in New York, before the United States Supreme Court, the United States Court of Appeals for the Second Circuit, and before the United States District Courts for the Southern and Eastern Districts of New York.


Alternative Dispute Resolution

Mediation and Arbitration