Gary H. Barnes, P.A.
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Of Counsel150 South Champlain Street |
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Gary Barnes has represented accounting firms and their insurers in the defense of malpractice claims and in providing risk management advice. Gary has also represented professional liability and products liability insurers concerning claims handling practices and coverage issues and has founded the firm's insurance claims and coverage practice. He has experience drafting insurance policies and endorsements.
Gary obtained a Bachelor of Arts degree from the University of Vermont in 1971 and graduated from Boston College Law School in 1974, where he was an editor of the law review. In 2009, Gary completed the Harvard Law School Mediation Workshop. Gary has provided counsel and appeared in courts, arbitrations, and mediations in 20 states and the District of Columbia. Gary served on the Board of Directors of ALPS RRG, a Montana-based lawyers' malpractice insurer, and was a founding member and Past President of the South Burlington Rotary Club. An instrument-rated commercial pilot, Gary has served as a Commissioner of the Burlington International Airport.
Areas of Practice:
- Mediation
- Arbitration
- Insurance policy drafting and coverage advice and litigation
- Accountant liability risk management
Bar Admissions:
- Vermont
- Massachusetts
- Florida
Court Admissions:
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Vermont
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Middle District of Florida
Education:
- Harvard Law School Mediation Workshop (2009)
- Boston College Law School (J.D. 1974)
- University of Vermont (B.A. 1971)
- Northfield Mt. Hermon School (1967)
Published Works:
- Student Comment, “Primary Jurisdiction,” 15 B.C. Ind. & Com. L. Rev. 80 (1973)
- Casenote, “Public Nuisance Theory,” 14 B.C. Ind. & Com. L. Rev. (1973)
Experience:
- Insurance Claims and Coverage Counsel
- Representation of insurer of accountant professional liability insurance program in connection with drafting of insurance policies and endorsements.
- Representation of insurance program providing coverage for financial planners and registered investment advisors.
- Representation of association of specialized medical clinics, concerning coverage under master claims made medical malpractice forms.
- Formerly served as claims administrator for attorney malpractice program, covering large West Coast law firms.
- Coverage advice and policy and endorsement drafting for insurer of underground storage tanks.
- Representation of CGL insurer to retail food service establishments, including representation in connection with performance of third party administrator concerning claims management and adequacy of reserve practices.
- Representation of CGL insurer in connection with outsourcing of data processing functions and disputes arising from system failures and interference with migration of data to new vendor.
Insurance Litigation
- Representation of insurer in settlement negotiations of class action securities action including defense of “bad faith” claims, settlement of claims and resolution of reimbursement claim against policyholder.
- Representation of insurer in settlement negotiations concerning related claims and claimants’ attempt to aggregate several years of policy limits
- Representation of insurer in connection with the largest SIPC funding of a failed securities broker-dealer.
- Representation of insurer in dispute involving claims greater than aggregate limits, and a demand by the policyholder for a multiple policy limits settlement.
- Representation of insurer against run-off reinsurer for refusing to pay reinsurer’s share of more than single “per claim” settlement.
- Representation of insurer in dispute, where insured was denied coverage due to foreknowledge of potential claim inferred from extreme departures from Generally Accepted Accounting Principles.
- Representation of reinsurer in defense of action by captive insurer seeking reinsurance coverage for policy issued to captive parent after known loss.
- Representation of reinsurer in defense of action by captive insurer seeking to reassign claim to policy year with lower reinsurance threshold.
Accountant Professional Liability. Twenty-five years of experience representing accountants (over 300 cases) in professional liability cases, involving detailed knowledge and understanding of financial statements, business practices, and accountant professional standards. Typical cases:
- Claim brought by debtor in possession for alleged failure to properly report on financial status and to detect controller errors in understating payroll withholding liability;
- Claim for undetected embezzlement by chief financial officer in retail establishment;
- Claim for failing to detect “Ponzi Scheme” by promoter of investment limited partnership;
- Claim for tax liability and penalties imposed upon client concerning offshore manufacturing and transfer pricing scheme;
- Claim by minority shareholder for aiding and abetting proven oppression by majority shareholder.
Commercial Litigation
- Defense of class action against utility involving claims of fraud, misrepresentation, and trespass, concerning use of power line right of way easements for fiber optic data transmission.
- Constitutional challenge to municipal imposition of liens against landlord for charges incurred by tenants.
- Defense of wrongful termination claim brought by partner in financial planning practice;
- Wrongful franchise termination and associated damage claims (propane gas);
- Trade secrets infringement concerning former key employees establishment of competing high-tech company producing similar products involving identical technology;
- ERISA claim against Board of Retirement Trustees/Corporate Officers for making benefit decision to minimize employer costs rather than maximize employee benefits; Representation of commercial mortgage holder concerning liability of partnership for debt of its managing partner;
- Representation of universities and their food service providers in challenging application of municipal rooms and meals tax to college meal plans.
- State deceptive trade practices and consumer fraud claims (propane gas security deposits);
- Antitrust claims brought by competing shopping mall developer;
- Alleged wrongful interference with prospective business relations brought by spurned acquisition target;
- Radio station co-owners concerning station manager-minority shareholder claim of breach of contract;
- National distributor of vinous beverages concerning termination of distributorship and refusal to approve proposed transfer of distributorship.
Classes/Seminars/Speaking Engagements:
- Mediation Instructor, Lex Mundi College of Mediators (1995-2001)
- Accounting Firm Risk Management (1995-present)
- Engagement Letters - More Communication, Less Liability (Webinar)
- Understanding Malpractice Insurance Policies (Webinar)
- Defensive Accounting: Recognizing Traps (Webinar)
Honors and Awards:
- Martindale-Hubbell A-V peer review rated, thirty year award (2009)
- New England Super Lawyers (insurance coverage, 2008, 2009, 2010)
- Best Lawyers in America (employment law) (1986)
Professional Associations and Memberships:
- American Arbitration Association (National Mediation Panel, Commercial ArbitrationPanel) (current)
- Court Approved Mediator, U.S. District Court for the District of Vermont (current)
Pro bono activities:
- Associate Examiner, Vermont Board of Bar Examiners (2001-2007)
- Commissioner, Burlington International Airport (1983-1985)
- Chair, Audit Committee, Green Mt. Council, Boy Scouts of America (current)
- Founding Member and Past President, South Burlington Rotary Club
- Alumni Member, University of Vermont Investment Committee, 1983-1984
