In 1863, Abraham Lincoln insisted at the start of the Gettysburg Address that — 14 years before the Founders in Philadelphia signed the Constitution — "our fathers brought forth on this continent a new nation, conceived in Liberty and dedicated to the proposition that all men are created equal."  Tp what event did he refer?  The adoption in July 1776 of our Declaration of Independence. 

Lincoln concluded his address with a hope that despite its tribulations "this nation, under God, shall have a new birth of freedom."  Respectfully, so does Blawgletter.

Barack Obama spoke today in Philadelphia.  He may or may not have the ability to carry into now and the future Lincoln’s hope for a new birth of freedom.  But he did start with the preamble to the Constitution, which he said made the Declaration of Independence real:

“We the people, in order to form a more perfect union.” 

Two hundred and twenty one years ago, in a hall that still stands across the street, a group of men gathered and, with these simple words, launched America’s improbable experiment in democracy.  Farmers and scholars; statesmen and patriots who had traveled across an ocean to escape tyranny and persecution finally made real their declaration of independence at a Philadelphia convention that lasted through the spring of 1787. 

The document they produced was eventually signed but ultimately unfinished.  It was stained by this nation’s original sin of slavery, a question that divided the colonies and brought the convention to a stalemate until the founders chose to allow the slave trade to continue for at least twenty more years, and to leave any final resolution to future generations. 

Of course, the answer to the slavery question was already embedded within our Constitution – a Constitution that had at is very core the ideal of equal citizenship under the law; a Constitution that promised its people liberty, and justice, and a union that could be and should be perfected over time. 

And yet words on a parchment would not be enough to deliver slaves from bondage, or provide men and women of every color and creed their full rights and obligations as citizens of the United States.  What would be needed were Americans in successive generations who were willing to do their part – through protests and struggle, on the streets and in the courts, through a civil war and civil disobedience and always at great risk – to narrow that gap between the promise of our ideals and the reality of their time.

This was one of the tasks we set forth at the beginning of this campaign – to continue the long march of those who came before us, a march for a more just, more equal, more free, more caring and more prosperous America.  I chose to run for the presidency at this moment in history because I believe deeply that we cannot solve the challenges of our time unless we solve them together – unless we perfect our union by understanding that we may have different stories, but we hold common hopes; that we may not look the same and we may not have come from the same place, but we all want to move in the same direction – towards a better future for of children and our grandchildren.   

This belief comes from my unyielding faith in the decency and generosity of the American people.  But it also comes from my own American story. 

I am the son of a black man from Kenya and a white woman from Kansas.  I was raised with the help of a white grandfather who survived a Depression to serve in Patton’s Army during World War II and a white grandmother who worked on a bomber assembly line at Fort Leavenworth while he was overseas.  I’ve gone to some of the best schools in America and lived in one of the world’s poorest nations.  I am married to a black American who carries within her the blood of slaves and slaveowners – an inheritance we pass on to our two precious daughters.  I have brothers, sisters, nieces, nephews, uncles and cousins, of every race and every hue, scattered across three continents, and for as long as I live, I will never forget that in no other country on Earth is my story even possible. 

It’s a story that hasn’t made me the most conventional candidate.  But it is a story that has seared into my genetic makeup the idea that this nation is more than the sum of its parts – that out of many, we are truly one. 

Throughout the first year of this campaign, against all predictions to the contrary, we saw how hungry the American people were for this message of unity.  Despite the temptation to view my candidacy through a purely racial lens, we won commanding victories in states with some of the whitest populations in the country.  In South Carolina, where the Confederate Flag still flies, we built a powerful coalition of African Americans and white Americans. 

This is not to say that race has not been an issue in the campaign.  At various stages in the campaign, some commentators have deemed me either “too black” or “not black enough.”  We saw racial tensions bubble to the surface during the week before the South Carolina primary.  The press has scoured every exit poll for the latest evidence of racial polarization, not just in terms of white and black, but black and brown as well.

And yet, it has only been in the last couple of weeks that the discussion of race in this campaign has taken a particularly divisive turn. 

On one end of the spectrum, we’ve heard the implication that my candidacy is somehow an exercise in affirmative action; that it’s based solely on the desire of wide-eyed liberals to purchase racial reconciliation on the cheap.  On the other end, we’ve heard my former pastor, Reverend Jeremiah Wright, use incendiary language to express views that have the potential not only to widen the racial divide, but views that denigrate both the greatness and the goodness of our nation; that rightly offend white and black alike.   

I have already condemned, in unequivocal terms, the statements of Reverend Wright that have caused such controversy.  For some, nagging questions remain.  Did I know him to be an occasionally fierce critic of American domestic and foreign policy?  Of course.  Did I ever hear him make remarks that could be considered controversial while I sat in church?  Yes.  Did I strongly disagree with many of his political views?  Absolutely – just as I’m sure many of you have heard remarks from your pastors, priests, or rabbis with which you strongly disagreed.   

But the remarks that have caused this recent firestorm weren’t simply controversial.  They weren’t simply a religious leader’s effort to speak out against perceived injustice.  Instead, they expressed a profoundly distorted view of this country – a view that sees white racism as endemic, and that elevates what is wrong with America above all that we know is right with America; a view that sees the conflicts in the Middle East as rooted primarily in the actions of stalwart allies like Israel, instead of emanating from the perverse and hateful ideologies of radical Islam. 

As such, Reverend Wright’s comments were not only wrong but divisive, divisive at a time when we need unity; racially charged at a time when we need to come together to solve a set of monumental problems – two wars, a terrorist threat, a falling economy, a chronic health care crisis and potentially devastating climate change; problems that are neither black or white or Latino or Asian, but rather problems that confront us all.

Given my background, my politics, and my professed values and ideals, there will no doubt be those for whom my statements of condemnation are not enough.  Why associate myself with Reverend Wright in the first place, they may ask?  Why not join another church?  And I confess that if all that I knew of Reverend Wright were the snippets of those sermons that have run in an endless loop on the television and You Tube, or if Trinity United Church of Christ conformed to the caricatures being peddled by some commentators, there is no doubt that I would react in much the same way 

But the truth is, that isn’t all that I know of the man.  The man I met more than twenty years ago is a man who helped introduce me to my Christian faith, a man who spoke to me about o ur obligations to love one another; to care for the sick and lift up the poor.  He is a man who served his country as a U.S. Marine; who has studied and lectured at some of the finest universities and seminaries in the country, and who for over thirty years led a church that serves the community by doing God’s work here on Earth – by housing the homeless, ministering to the needy, providing day care services and scholarships and prison ministries, and reaching out to those suffering from HIV/AIDS.

In my first book, Dreams From My Father, I described the experience of my first service at Trinity:

“People began to shout, to rise from their seats and clap and cry out, a forceful wind carrying the reverend’s voice up into the rafters….And in that single note – hope! – I heard something else; at the foot of that cross, inside the thousands of churches across the city, I imagined the stories of ordinary black people merging with the stories of David and Goliath, Moses and Pharaoh, the Christians in the lion’s den, Ezekiel’s field of dry bones.  Those stories – of survival, and freedom, and hope – became our story, my story; the blood that had spilled was our blood, the tears our tears; until this black church, on this bright day, seemed once more a vessel carrying the story of a people into future generations and into a larger world.  Our trials and triumphs became at once unique and universal, black and more than black; in chronicling our journey, the stories and songs gave us a means to reclaim memories tha t we didn’t need to feel shame about…memories that all people might study and cherish – and with which we could start to rebuild.”

That has been my experience at Trinity.  Like other predominantly black churches across the country, Trinity embodies the black community in its entirety – the doctor and the welfare mom, the model student and the former gang-banger.  Like other black churches, Trinity’s services are full of raucous laughter and sometimes bawdy humor.  They are full of dancing, clapping, screaming and shouting that may seem jarring to the untrained ear.  The church contains in full the kindness and cruelty, the fierce intelligence and the shocking ignorance, the struggles and successes, the love and yes, the bitterness and bias that make up the black experience in America.

And this helps explain, perhaps, my relationship with Reverend Wright.  As imperfect as he may be, he has been like family to me.  He strengthened my faith, officiated my wedding, and baptized my children.  Not once in my conversations with him have I heard him talk about any ethnic group in derogatory terms, or treat whites with whom he interacted with anything but courtesy and respect.  He contains within him the contradictions – the good and the bad – of the community that he has served diligently for so many years.

I can no more disown him than I can disown the black community.  I can no more disown him than I can my white grandmother – a woman who helped raise me, a woman who sacrificed again and again for me, a woman who loves me as much as she loves anything in this world, but a woman who once confessed her fear of black men who passed by her on the street, and who on more than one occasion has uttered racial or ethnic stereotypes that made me cringe.

These people are a part of me.  And they are a part of America, this country that I love.

Some will see this as an attempt to justify or excuse comments that are simply inexcusable.  I can assure you it is not.  I suppose the politically safe thing would be to move on from this episode and just hope that it fades into the woodwork.  We can dismiss Reverend Wright as a crank or a demagogue, just as some have dismissed Geraldine Ferraro, in the aftermath of her recent statements, as harboring some deep-seated racial bias. 

But race is an issue that I believe this nation cannot afford to ignore right now.  We would be making the same mistake that Reverend Wright made in his offending sermons about America – to simplify and stereotype and amplify the negative to the point that it distorts reality. 

The fact is that the comments that have been made and the issues that have surfaced over the last few weeks reflect the complexities of race in this country that we’ve never really worked through – a part of our union that we have yet to perfect.  And if we walk away now, if we simply retreat into our respective corners, we will never be able to come together and solve challenges like health care, or education, or the need to find good jobs for every American. 

Understanding this reality requires a reminder of how we arrived at this point.  As William Faulkner once wrote, “The past isn’t dead and buried.  In fact, it isn’t even past.”  We do not need to recite here the history of racial injustice in this country.  But we do need to remind ourselves that so many of the disparities that exist in the African-American community today can be directly traced to inequalities passed on from an earlier generation that suffered under the brutal legacy of slavery and Jim Crow.

Segregated schools were, and are, inferior schools; we still haven’t fixed them, fifty years after Brown v. Board of Education, and the inferior education they provided, then and now, helps explain the pervasive achievement gap between today’s black and white students.

Legalized discrimination – where blacks were prevented, often through violence, from owning property, or loans were not granted to African-American business owners, or black homeowners could not access FHA mortgages, or blacks were excluded from unions, or the police force, or fire departments – meant that black families could not amass any meaningful wealth to bequeath to future generations.  That history helps explain the wealth and income gap between black and white, and the concentrated pockets of poverty that persists in so many of today’s urban and rural communities.

A lack of economic opportunity among black men, and the shame and frustration that came from not being able to provide for one’s family, contributed to the erosion of black families – a problem that welfare policies for many years may have worsened.  And the lack of basic services in so many urban black neighborhoods – parks for kids to play in, police walking the beat, regular garbage pick-up and building code enforcement – all helped create a cycle of violence, blight and neglect that continue to haunt us. 

This is the reality in which Reverend Wright and other African-Americans of his generation grew up.  They came of age in the late fifties and early sixties, a time when segregation was still the law of the land and opportunity was systematically constricted.  What’s remarkable is not how many failed in the face of discrimination, but rather how many men and women overcame the odds; how many were able to make a way out of no way for those like me who would come after them.

But for all those who scratched and clawed their way to get a piece of the American Dream, there were many who didn’t make it – those who were ultimately defeated, in one way or another, by discrimination.  That legacy of defeat was passed on to future generations – those young men and increasingly young women who we see standing on street corners or languishing in our prisons, without hope or prospects for the future.  Even for those blacks who did make it, questions of race, and racism, continue to define their worldview in fundamental ways.  For the men and women of Reverend Wright’s generation, the memories of humiliation and doubt and fear have not gone away; nor has the anger and the bitterness of those years.  That anger may not get expressed in public, in front of white co-workers or white friends.  But it does find voic e in the barbershop or around the kitchen table.  At times, that anger is exploited by politicia ns, to gin up votes along racial lines, or to make up for a politician’s own failings.

And occasionally it finds voice in the church on Sunday morning, in the pulpit and in the pews.  The fact that so many people are surprised to hear that anger in some of Reverend Wright’s sermons simply reminds us of the old truism that the most segregated hour in American life occurs on Sunday morning.  That anger is not always productive; indeed, all too often it distracts attention from solving real problems; it keeps us from squarely facing our own complicity in our condition, and prevents the African-American community from forging the alliances it needs to bring about real change.  But the anger is real; it is powerful; and to simply wish it away, to condemn it without understanding its roots, only serves to widen the chasm of misunderstanding that exists between the races.

In fact, a similar anger exists within segments of the white community.  Most working- and middle-class white Americans don’t feel that they have been particularly privileged by their race.  Their experience is the immigrant experience – as far as they’re concerned, no one’s handed them anything, they’ve built it from scratch.  They’ve worked hard all their lives, many times only to see their jobs shipped overseas or their pension dumped after a lifetime of labor.  They are anxious about their futures, and feel their dreams slipping away; in an era of stagnant wages and global competition, opportunity comes to be seen as a zero sum game, in which your dreams come at my expense.  So when they are told to bus their children to a school across town; when they hear that an African American is getting an advantage in landing a good job or a spot in a good college because of an injustice that they themselves never committ ed; when they’re told that their fears about crime in urban neighborhoods are somehow prejudiced, resentment builds over time. 

Like the anger within the black community, these resentments aren’t always expressed in polite company.  But they have helped shape the political landscape for at least a generation.  Anger over welfare and affirmative action helped forge the Reagan Coalition.  Politicians routinely exploited fears of crime for their own electoral ends.  Talk show hosts and conservative commentators built entire careers unmasking bogus claims of racism while dismissing legitimate discussions of racial injustice and inequality as mere political correctness or reverse racism.

Just as black anger often proved counterproductive, so have these white resentments distracted attention from the real culprits of the middle class squeeze – a corporate culture rife with inside dealing, questionable accounting practices, and short-term greed; a Washington dominated by lobbyists and special interests; economic policies that favor the few over the many.  And yet, to wish away the resentments of white Americans, to label them as misguided or even racist, without recognizing they are grounded in legitimate concerns – this too widens the racial divide, and blocks the path to understanding. 

This is where we are right now.  It’s a racial stalemate we’ve been stuck in for years.  Contrary to the claims of some of my critics, black and white, I have never been so naïve as to believe that we can get beyond our racial divisions in a single election cycle, or with a single candidacy – particularly a candidacy as imperfect as my own.

But I have asserted a firm conviction – a conviction rooted in my faith in God and my faith in the American people – that working together we can move beyond some of our old racial wounds, and that in fact we have no choice is we are to continue on the path of a more perfect union. 

For the African-American community, that path means embracing the burdens of our past without becoming victims of our past.  It means continuing to insist on a full measure of justice in every aspect of American life.  But it also means binding our particular grievances – for better health care, and better schools, and better jobs – to the larger aspirations of all Americans — the white woman struggling to break the glass ceiling, the white man whose been laid off, the immigrant trying to feed his family.  And it means taking full responsibility for own lives – by demanding more from our fathers, and spending more time with our children, and reading to them, and teaching them that while they may face challenges and discrimination in their own lives, they must never succumb to despair or cynicism; they must always believe that they can write their own destiny.

Ironically, this quintessentially American – and yes, conservative – notion of self-help found frequent expression in Reverend Wright’s sermons.  But what my former pastor too often failed to understand is that embarking on a program of self-help also requires a belief that society can change. 

The profound mistake of Reverend Wright’s sermons is not that he spoke about racism in our society.  It’s that he spoke as if our society was static; as if no progress has been made; as if this country – a country that has made it possible for one of his own members to run for the highest office in the land and build a coalition of white and black; Latino and Asian, rich and poor, young and old — is still irrevocably bound to a tragic past.  But what we know — what we have seen – is that America can change.  That is true genius of this nation.  What we have already achieved gives us hope – the audacity to hope – for what we can and must achieve tomorrow.

In the white community, the path to a more perfect union means acknowledging that what ails the African-American community does not just exist in the minds of black people; that the legacy of discrimination – and current incidents of discrimination, while less overt than in the past – are real and must be addressed.   Not just with words, but with deeds – by investing in our schools and our communities; by enforcing our civil rights laws and ensuring fairness in our criminal justice system; by providing this generation with ladders of opportunity that were unavailable for previous generations.  It requires all Americans to realize that your dreams do not have to come at the expense of my dreams; that investing in the health, welfare, and education of black and brown and white children will ultimately help all of America prosper. 

In the end, then, what is called for is nothing more, and nothing less, than what all the world’s great religions demand – that we do unto others as we would have them do unto us.  Let us be our brother’s keeper, Scripture tells us.  Let us be our sister’s keeper.  Let us find that common stake we all have in one another, and let our politics reflect that spirit as well. 

For we have a choice in this country.  We can accept a politics that breeds division, and conflict, and cynicism.  We can tackle race only as spectacle – as we did in the OJ trial – or in the wake of tragedy, as we did in the aftermath of Katrina – or as fodder for the nightly news.  We can play Reverend Wright’s sermons on every channel, every day and talk about them from now until the election, and make the only question in this campaign whether or not the American people think that I somehow believe or sympathize with his most offensive words.  We can pounce on some gaffe by a Hillary supporter as evidence that she’s playing the race card, or we can speculate on whether white men will all flock to John McCain in the general election regardless of his policies.

We can do that.
 
But if we do, I can tell you that in the next election, we’ll be talkin g about some other distraction.  And then another one.  And then another one.  And nothing will change. 

That is one option.  Or, at this moment, in this election, we can come together and say, “Not this time.”  This time we want to talk about the crumbling schools that are stealing the future of black children and white children and Asian children and Hispanic children and Native American children.  This time we want to reject the cynicism that tells us that these kids can’t learn; that those kids who don’t look like us are somebody else’s problem.  The children of America are not those kids, they are our kids, and we will not let them fall behind in a 21st century economy.  Not this time.   

This time we want to talk about how the lines in the Emergency Room are filled with whites and blacks and Hispanics who do not have health care; who don’t have the power on their own to overcome the special interests in Washington, but who can take them on if we do it together. 

This time we want to talk about the shuttered mills that once provided a decent life for men and women of every race, and the homes for sale that once belonged to Americans from every religion, every region, every walk of life.  This time we want to talk about the fact that the real problem is not that someone who doesn’t look like you might take your job; it’s that the corporation you work for will ship it overseas for nothing more than a profit. 

This time we want to talk about the men and women of every color and creed who serve together, and fight together, and bleed together under the same proud flag.  We want to talk about how to bring them home from a war that never should’ve been authorized and never should’ve been waged, and we want to talk about how we’ll show our patriotism by caring for them, and their families, and giving them the benefits they have earned. 

I would not be running for President if I didn’t believe with all my heart that this is what the vast majority of Americans want for this country.  This union may never be perfect, but generation after generation has shown that it can always be perfected.  And today, whenever I find myself feeling doubtful or cynical about this possibility, what gives me the most hope is the next generation – the young people whose attitudes and beliefs and openness to change have already made history in this election. 

There is one story in particularly that I’d like to leave you with today – a story I told when I had the great honor of speaking on Dr. King’s birthday at his home church, Ebenezer Baptist, in Atlanta.   

There is a young, twenty-three year old white woman named Ashley Baia who organized for our campaign in Florence, South Carolina.  She had been working to organize a mostly African-American community since the beginning of this campaign, and one day she was at a roundtable discussion where everyone went around telling their story and why they were there. 

And Ashley said that when she was nine years old, her mother got cancer.  And because she had to miss days of work, she was let go and lost her health care.  They had to file for bankruptcy, and that’s when Ashley decided that she had to do something to help her mom.

She knew that food was one of their most expensive costs, and so Ashley convinced her mother that what she really liked and really wanted to eat more than anything else was mustard and relish sandwiches.  Because that was the cheapest way to eat.

She did this for a year until her mom got better, and she told everyone at the roundtable that the reason she joined our campaign was so that she could help the millions of other children in the country who want and need to help their parents too.

Now Ashley might have made a different choice.  Perhaps somebody told her along the way that the source of her mother’s problems were blacks who were on welfare and too lazy to work, or Hispanics who were coming into the country illegally.  But she didn’t.  She sought out allies in her fight against injustice.

Anyway, Ashley finishes her story and then goes around the room and asks everyone else why they’re supporting the campaign.  They all have different stories and reasons.  Many bring up a specific issue.  And finally they come to this elderly black man who’s been sitting there quietly the entire time.  And Ashley asks him why he’s there.  And he does not bring up a specific issue.  He does not say health care or the economy.  He does not say education or the war.   He does not say that he was there because of Barack Obama.  He simply says to everyone in the room, “I am here because of Ashley.” 

“I’m here because of Ashley.”  By itself, that single moment of recognition between that young white girl and that old black man is not enough.  It is not enough to give health care to the sick, or jobs to the jobless, or education to our children.

But it is where we start.  It is where our union grows stronger.  And as so many generations have come to realize over the course of the two-hundred and twenty one years since a band of patriots signed that document in Philadelphia, that is where the perfection begins.

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Photo of Barry Barnett Barry Barnett

Clients and colleagues call Barry Barnett an “incredibly gifted lawyer” (Chambers and Partners) who is “magic in the courtroom” (Who’s Who Legal), “the top antitrust lawyer in Texas” (Chambers and Partners), and “a person of unquestioned integrity” (David J. Beck, founder of Beck…

Clients and colleagues call Barry Barnett an “incredibly gifted lawyer” (Chambers and Partners) who is “magic in the courtroom” (Who’s Who Legal), “the top antitrust lawyer in Texas” (Chambers and Partners), and “a person of unquestioned integrity” (David J. Beck, founder of Beck Redden).

Barnett is a Fellow in the American College of Trial Lawyers, and Lawdragon has named him one of the top 500 lawyers in the United States three years in a row. Best Lawyers in America has honored him as “Lawyer of the Year” for Bet-the-Company Litigation (2019 and 2017) and Patent Litigation (2020) in Houston. Based in Texas and New York, Barnett has tried complex business disputes across the United States.

TRIAL COUNSEL
Barnett’s background, training, and experience make him indispensable to his clients. The small-town son of a Texas roughneck and grandson of a Texas sharecropper, Barnett “developed an unusual common sense about people, their motivations, and their dilemmas,” according to former client Michael Lewis.

Barnett has been historically recognized for his effectiveness and judgment. His peers chose him, for example, to the American College of Trial Lawyers and American Law Institute. His decades of trial and appellate work representing both plaintiffs and defendants have made him a master strategist and nimble tactician in complex disputes.

Barnett focuses on enforcement of antitrust laws, the “Magna Carta of free enterprise,” in Supreme Court Justice Thurgood Marshall’s memorable phrase. “Barry is one of the nation’s outstanding antitrust lawyers,” according to Joseph Goldberg, a member of the Private Antitrust Enforcement Hall of Fame. Named among Texas’s top ten antitrust lawyers of 2023, Business Today calls Barnett a “trailblazer” among the “distinguished legal minds” who “dedicate their skill and expertise to the maintenance of healthy competition in various sectors” of the Lone Star State’s booming economy. Barnett is also adept in energy and intellectual property matters and has battled for clients against a Who’s Who list of corporate behemoths, including Abbott Labs, Alcoa, Apple, AT&T, BlackBerry, Broadcom, Comcast, Dow, JPMorgan Chase, Samsung, and Visa.

Barnett commands a courtroom with calm and credibility and “is the perfect lawyer for bet the company litigation,” said Scott Regan, General Counsel of former client Whiting Petroleum. His performance before the Supreme Court in Comcast Corp. v. Behrend prompted the Court to withdraw the question on which it had granted review. The judge in a trial involving mobile phone technology called Barnett “one of the best” and that his opening statement the finest he had ever seen. Another trial judge told Barnett minutes after a jury returned a favorable verdict against the county’s biggest employer that he was one of the two best trial lawyers he’d ever come across—adding that the other one was dead.

COMPLETE PACKAGE
A versatile trial lawyer, Barnett knows how to handle a case all the way from strategic pre-suit planning to affirmance on appeal. He’s tried cases to verdict and then briefed and argued them when they went before appellate courts, including the Second, Third, Fifth, and Tenth Circuits, the Supreme Court of Louisiana, and (in the case of Comcast Corp. v. Behrend) the Supreme Court of the United States.

Barnett is a sought-after public speaker, often serving on panels and talking about topics like the trials of antitrust class actions and techniques for streamlining complex litigation. He also comments on trends in commercial litigation and the implications of major rulings for outlets such as NPR, Reuters, Law360, Corporate Counsel, and The Dallas Morning News. He’s even appeared in a Frontline program about underfunding of state pensions, authored chapters on “Fee Arrangements” and “Techniques for Expediting and Streamlining Litigation” (the latter with Steve Susman) in the ABA’s definitive treatise on Business and Commercial Litigation in Federal Courts, 5th, and commented on How Antitrust Enforcers Might Think Like Plaintiffs’ Lawyers.

HARD GRADERS
Clients and other hard graders have praised Barnett for his courtroom skills and legal acumen.

A client in a $100 million oil and gas case, which Barnett’s team won at trial and held on appeal, said Barnett and his team “presented a rare combination of strong legal intellect, common sense about right and wrong, and credibility in the courtroom.” David McCombs at Haynes and Boone said Barnett “has a natural presence that goes over well with juries and judges.”

Even former adversaries give Barnett high marks. Lead opposing counsel in a decade-long antitrust slugfest said “Barry is a highly skilled advocate. He understands what really matters in telling a narrative and does so in a very compelling manner.”

CIVIC ENGAGEMENT
Barnett relishes opportunities to collaborate with all kinds of people. At the Center for American and International Law (CAIL), founded by a former prosecutor at Nuremberg in 1947 and headquartered in the Dallas area, he has served on the Executive Committee, co-chaired the committee that produced CAIL’s first-ever strategic plan, supported CAIL’s Institute for Law Enforcement Administration and other development efforts, and proposed formation of a new Institute for Social Justice Law. CAIL’s former President David Beck said “Barry is extremely bright” and is “very well prepared in every lawsuit or professional task he undertakes.”

Barnett is also a Trustee of the New-York Historical Society, a Sterling Fellow at Yale, a member of the Yale University Art Gallery’s Governing Board, a winner of the Class Award for his work on behalf of his college class, and a proud contributor to the Yellow Ribbon Program at Harvard Law. Barnett’s pro bono work includes leading the trial team representing people who are at greatest risk of severe illness and death as a result of being exposed to the novel coronavirus SARS-CoV-2 while being detained in the Dallas County jail—work for which he received the NGAN Legal Advocacy Fund RBG Award.

At Susman Godfrey, Barnett has served on the firm’s Executive Committee, Employment Committee, and ad hoc committees on partner compensation, succession of leadership, and revision of the firm’s partnership agreement. He also twice chaired the Practice Development Committee.

KEEPING PERSPECTIVE
Barnett understands that clients face many pressures. Managing the stress is important, especially in matters that take years to resolve. He encourages clients to call him whenever they have a question or concern and to keep the inevitable ups and downs in perspective. He wants them to know that he will do his level best to help them achieve their goals. He also strives to foster trust and to make working with him a pleasure.

Cyrus “Skip” Marter, the General Counsel of Bonanza Creek in Denver and a former Susman Godfrey partner and client, said Barnett is “excellent about communicating with clients in a full and honest manner” and can “negotiate for his clients from a position of strength, because he is not afraid to take a case through a full trial on the merits.” Stacey Doré, the President of Hunt Utility Services and a former client, said that Barnett is “an excellent trial lawyer and the person you want to hire for your bet-the-company cases. He is client focused, responsive, and uniquely savvy about trial and settlement strategy.” A New York colleague said, “Barry is a joy to work with as co-counsel. He tackles complex procedural and factual hurdles capably, efficiently, and without drama.”

SUPERB CLIENTS
A wide range of industry leaders have entrusted their critical matters to Barnett, including the ones you see below.

Public Companies:

Alaska Airlines
Encana Oil & Gas
Hinduja Global
KKR & Co. Inc.
Neiman Marcus
Talen Energy
Texas Instruments
Vistra Corp.

Private Companies:

Duane Reade
Elliott Investment Management
Luminant Generation
Morris & Dickson Co.
Oak Hill Capital

PERSONAL
Barnett’s wide-ranging experience and calm, down-to-earth approach enable him to connect with clients, judges, jurors, witnesses, and even opposing counsel. He grew up in Nacogdoches, Texas. He co-captained his high school varsity football team as an All-East Texas middle linebacker while also serving as the Editor of Key Club’s Texas-Oklahoma District, won the Best Typist award, took the History Team to glory, and sang in the East Texas All Region Choir. As Dan Kelly of client Vistra Corp. put it, Barnett is “a great person to be around.”

Barnett is steady and loyal. He has practiced at Susman Godfrey his entire career. He and his wife Nancy live in Dallas and enjoy spending time in Houston and New York. Their daughter works for H-E-B in Houston, and their son is a Haynes and Boone transactions lawyer in Dallas.

As a member of Ivy League championship football teams in his junior and senior years at Yale and a parent of two Yalies, Barnett has no trouble choosing sides for “The Game” in November. And he knows how important fighting all the way to the end is. On his last play from scrimmage, in the waning minutes of The Game on Nov. 22, 1980, he recovered a Crimson fumble.

Yale won, 14-0.

Honors & Distinctions

Academy of American Legal Writers, Board Member (2012-2023).
American College of Trial Lawyers, Fellow (2014-2023).
American Law Institute, Elected Member (2007-2023).
Benchmark Litigation, Litigation Star (2022, 2023, Euromoney)
The Best Lawyers in America, Houston Lawyer of the Year in Patent Litigation (2020) and Bet-the-Company Litigation (2017 and 2019), Bet-the-Company Litigation (2010-2024), Class Actions (2015-21), Commercial Litigation (2003-2024), Litigation – Antitrust (2012-2024), Litigation – Intellectual Property (2012-2024), and Litigation – Patent (2012-2024) (Copyright by Woodward White Inc.).
Chambers USA: America’s Leading Lawyers for Business in Antitrust and General Commercial Litigation(2007-2024).
Martindale-Hubbell AV (highest) rating (1995-2023).
Lawdragon, The Lawdragon 500 Leading Lawyers (2020, 2021, 2022, 2023, 2024), Lawdragon 500 Leading Plaintiff Financial Lawyers (2019, 2020, 2021, 2022, 2023, 2024), Lawdragon 500 Leading Litigators (2022, 2023)
Legal 500. Antitrust: Civil Litigation/Class Actions (Plaintiff) (2021, 2022, 2023); Energy Litigation: Oil and Gas (2023)
Recognized as a Top Ten Antitrust Lawyer in Texas, Lawyer Awards 2023, Business Today (2023, Unstructured Media).
SuperLawyers. Texas (2003 – 2023, Thomson Rueters)

Clerkship

Honorable Jerre S. Williams, United States Court of Appeals for the Fifth Circuit
Education

Harvard Law School (J.D., cum laude)
Yale University (B.A., Economics and History (honors), magna cum laude)

Bar Admissions
New York
Texas
Court Admissions
United States Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Courts for the District of Arizona
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas

Publications
On Twitter @contingencyblog
On LinkedIn
Fee Arrangements, Business and Commercial Litigation in Federal Courts, 5th
How Antitrust Enforcers Might Think Like Plaintiffs’ Lawyers, Law360
Barry Barnett — NPR “Marketplace” Report
Oral argument in Comcast Corp. v. Behrend

Interviews by and articles for Law360, NPR’s “Marketplace” report, Law Blog of The Wall Street Journal, Texas Lawyer, ABA Journal, business torts “Hot Topics” by the Litigation Section of the Texas Bar Association, Global Competition Review, The Hartford Courant, Kansas City Business Journal, The Dallas Morning News, Texas Cable News, D CEO, and Dallas Business Journal.

Author and speaker at continuing legal education seminars, including “One Year Later: Winter Storm Uri and Its Impact on Civil Litigation and the Energy Industry’, ‘Force Majeure Meets Covid-19: A Love Story”, “Reasonable Prudent Operator—The Continuously Evolving Standard” and “The Hottest Oil & Gas Claims” at the Institute for Energy Law’s Annual Oil & Gas Law Conference, “Current Issues in Multidistrict Litigation and Class Actions” at the Third Circuit Judicial Conference; “Daubert in Class Certification Hearings: The Standard After Comcast” for ABA Section of Antitrust Law; and “Current Developments in Business Litigation”, American Bar Association

Leadership & Professional Memberships

American Bar Association; Section of Litigation and Section of Antitrust Law; American Association for Justice; Dallas Bar Association; Federal Bar Association; Houston Bar Association.
Center for American and International Law, Executive Committee (2016-24) and Trustee (2011-2024). Yale Club of Dallas; Harvard Club of Dallas; Yale Club of New York City.
Greenhill School, Addison, Texas, Trustee (2007-2013).
New-York Historical Society, Trustee (2016-2024) and Chairman’s Council (2012-2024).
Life Fellow, American Bar Foundation, Texas Bar Foundation, Dallas Bar Foundation, and Houston Bar Foundation.
Yale University Art Gallery, New Haven, Connecticut, Member, Governing Board (2023-2024).