Litigation, Resolution and Settlement of Business Disputes
In the late 1980’s, Barclay, along with another partner and several associates, successfully represented EF Hutton in litigation in a U.S. District Court in Houston, Texas that involved one of EF Hutton’s largest and most critical litigation cases. They successfully defended against over twenty claims, including securities and common law fraud claims, seeking in excess of $160 Million Dollars from EF Hutton, and obtained a judgment on EF Hutton’s counterclaim in an amount in excess of $150 Million Dollars. He has also successfully represented Metropolitan Atlanta Rapid Transit Authority (MARTA) in defense of personal injury cases and in condemnation cases. He has also represented both plaintiffs and defendants in lawsuits involving claims of breach of contract, tortious interference with contract and business relations, fraud and breach of fiduciary duty. Barclay has successfully obtained jury verdicts substantially reducing property taxes on commercial properties, and in the U.S. Tax Court successfully defended against all of the IRS’s claims against his client for additional taxes owed in the millions of dollars.
Barclay successfully challenged and reversed a State’s award to IBM of a substantial and strategically important computer contract. He has also successfully defended against and defeated an international computer company’s challenge of a State’s awarding of a computer contract to his client, and against a major competitor’s challenge of a State’s award of a software system and services contract to another of his clients.
In addition to litigation, arbitration and mediation matters, Barclay has also been successful in settling partnership and shareholder disputes and claims, both within and outside of the context of litigation, including a settlement involving numerous partnerships and limited liability companies, and in excess of fifteen commercial properties having values in excess of $50 Million Dollars.