Mr. Barnes is a commercial litigator, focusing upon business litigation, including breach of contract and business tort claims in Federal Court, the Commercial Division of the New York State Supreme Court, and various arbitration forums.

Leo K. Barnes Jr.

An experienced jury and bench trial attorney, Mr. Barnes has been engaged at the trial and appellate level to represent individuals and businesses of all sizes in complex commercial litigation, including “business divorces”; sophisticated commercial fraud; mortgage fraud; claims premised upon federal and state statutes (including RICO, the Fair Labor Standards Act (“FLSA”), the Computer Fraud and Abuse Act, the Martin Act); and
multi-district litigation.  He frequently litigates restrictive covenant claims, unfair competition matters, tortious interference, trade secret and breach of duty of loyalty actions, and likewise pursues and defends claims
seeking provisional relief related to the same, including preliminary injunctions, temporary restraining orders, attachment, replevin and receivership.

 

Recognitions & Appointments

 

•  Mr. Barnes has been selected for inclusion on the Super Lawyers list in the area of Business Litigation

   continually between 2011 and 2017, a recognition for attorneys who have attained a high-degree of peer

   recognition and professional achievement (no more than 5 percent of the lawyers in New York State are

   named to the list);

 

•  Mr. Barnes was appointed by Suffolk County’s Administrative Judge to the Roster of Mediators for the Suffolk

   County Commercial Division after he was selected to participate in the inaugural training session;

 

•  Mr. Barnes is a member of the United States District Court for the Southern District of New York’s pro bono

   trial counsel program;

 

•  Mr. Barnes served as a panel member at the New York State Bar Association’s Judicial Institute of

   Professionalism CLE presentation, addressing challenges encountered by solo and small firm practitioners;

 

•  Mr. Barnes was assigned by a Commercial Division Justice to act as a discovery arbitrator in a dissolution

   proceeding to resolve disputes regarding discovery production and the ongoing operation of the business

   during the dissolution proceeding;

 

•  Mr. Barnes has been a Court appointed Receiver in both State and Federal Court.  His appointment in the

   Federal Court by a United States District Court Judge involved   seven-figure mortgage foreclosure action

   related to a commercial mixed-use property within the City of New York, and resulted in the documentation

   of a rent collection diversion scheme intended to deprive the lending institution of operational income; that

   finding resulted in the recovery of all counsel fees related to the documentation of the rent diversion scheme.

   A distinct appointment in the Commercial Division related to the diversion of more than $20 million from a

   family owned business located on Long Island.

 

•  Mr. Barnes was appointed as a Mediator for the New York State Unified Court System’s Attorney/Client

   Grievance Mediation Program

 

•  In response to requests from various media outlets, Mr. Barnes has provided quotes and opinions to aid

   news reporting on the latest decisions that impact commercial litigation.  For example, when the New York

   State Court of Appeals issued James v. Loran Realty V. Corp. regarding the ramifications on efforts to

   pierce the corporate veil and impose personal liability on an individual shareholder, Mr. Barnes was interviewed

   and quoted by Law360.com, a legal news reporting service that covers significant decisions across the entire

   country.  Likewise, when the New York State Court of Appeals issued White Plains Coat & Apron Co. v. Cintas

   Corp., a significant decision for commercial litigation practitioners, Mr. Barnes was interviewed and quoted in

   the ensuing New York Law Journal article reporting the decision and its import on commercial litigation practice.

 

•  Mr. Barnes has written dozens of articles that have been featured in his monthly column for the Suffolk

   County Bar Association’s periodical, The Suffolk Lawyer, focusing exclusively on commercial litigation.  In

   addition to these regular contributions, Mr. Barnes has likewise authored articles for The New York Law

   Journal, including but not limited to:

 

         •  Spies, Lies & Business Torts, 235 New York Law Journal 90

         •  Substantiating Malice for Tortious Interference Claim Getting Difficult, New York Law Journal

         •  Economic Interest’ Defense to a Tortious Interference Claim, 236 New York Law Journal 56.

 

Mr. Barnes is a member of the Suffolk County Bar Association’s Commercial Division Committee; the Eastern

District of New York Chapter of the Federal Bar Council; the Commercial & Federal Litigation Section of the

New York State Bar Association; the Suffolk County Bar Association; and Chaminade High School’s Alumni

Association for Lawyers.

 

As for charitable and volunteer endeavors, Mr. Barnes is in the midst of a two-year term as Vice President of

Chaminade High School’s Alumni Association, having previously served as the Ice Hockey Reunion Chairman

and a member of the Class of 1989 25th Reunion Committee. Mr. Barnes is likewise a Member of the Catholic

Charities Volunteer Lawyers Initiative (which organization provides free legal advice and services to needy

members of the community).

 

Mr. Barnes is licensed to practice in New York and New Jersey, and is admitted to the United States District

Courts for the Southern District of New York, the Eastern District of New York, and the Second Circuit Court of

Appeals.  In addition, Mr. Barnes has litigated claims in in Florida and Nebraska state and federal court on a pro

vice basis.  After obtaining a Bachelor of Arts Degree in 1993, Mr. Barnes graduated from Hofstra University

School of Law in 1996 and received one of the School’s “Outstanding Student” awards at graduation.

 

Mr. Barnes is licensed to practice in New York and New Jersey, and is admitted to the United States District Courts for the Southern District of New York, the Eastern District of New York, and the Second Circuit Court of Appeals.  In addition, Mr. Barnes has litigated claims in in Florida and Nebraska state and federal court on a pro hac vice basis.

 

 

 

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