How Barry Helps Clients

Clients rely on his skill and wisdom, built on his many years of experience litigating hundreds of complex and significant appellate matters, to help guide them to successful resolutions in a wide variety of civil matters. Barry has argued on many occasions before the California Supreme Court, California Courts of Appeal, and the Ninth Circuit Court of Appeals. 

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Barry joined the firm in 1977 and was its managing partner and then chair of its management committee for over 35 years. Barry had a major role in shaping the firm's culture and guiding its growth from a fairly small Los Angeles appellate boutique into the largest law firm in the country specializing exclusively in appellate litigation. At the beginning of 2024, Barry retired from the practice of law. 

Barry has represented Horvitz & Levy as a member of the Leadership Council on Legal Diversity, an organization consisting of general counsel of major corporations and managing partners of leading law firms, dedicated to promoting diversity in the legal profession. 

Representative Matters

Eisen v. Tavangarian (2019)
California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home

Stokes v. Muschinske (2019)
Court of Appeal affirmed favorable judgment and held that defense billing experts can use Medicare reimbursement rates to form their opinions on the reasonable value of medical services

Strategic Concepts, LLC v. Beverly Hills Unified School District (2018)
Successfully obtained reversal in California Court of Appeal of a $23 million breach of contract judgment against Beverly Hills Unified School District, ruling the trial court erred by failing to instruct the jury to determine whether the contract violated government conflict of interest and competitive bidding statutes

Border Business Park v. City of San Diego (2006)
California Court of Appeal reversed $91.7 million inverse condemnation award against the City of San Diego and ordered a new trial on a $30.8 million breach of contract award

Education

• Loyola Law School of Los Angeles
  J.D., 1972
• California State University, Northridge
  B.A., 1965

Bar Admissions

• California
• U.S. Supreme Court
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Ninth Circuit

Professional Associations

• American Academy of Appellate Lawyers
• Leadership Council on Legal Diversity
• California Academy of Appellate Lawyers, President (1997-1998)
• Association of Southern California Defense Counsel
  Co-Chair, Amicus Committee (1999-2000)

Awards

• NLJ “Elite Boutique Trailblazer” (2017)
• CLAY award (California Lawyer Attorneys of the Year) for his work on the Border Business Park, Inc. v. City of San Diego case (2007)
• “AV Preeminent” rated by Martindale Hubbell
• Best Lawyers (2003-2024)
• Super Lawyers (2004-2023) 

Publications

• Bad Enough to Punish: The Application of the Reprehensibility Guidepost in Punitive Damages Cases After BMW v. Gore (Fall 1998) 49 Fed'n of Ins. & Corp. Couns. Q.