David E. Barry
Dave Barry is Pierce Atwood’s managing partner. Previously, Dave was chair of the firm’s Litigation Practice Group, representing clients in a wide variety of complex litigation and counseling clients on how to avoid or minimize the risks and burdens of litigation. Dave also chaired the firm’s Government Investigations and White Collar Criminal Defense practice.
He regularly manages complex business litigation in federal and state courts and has extensive experience assisting clients with government enforcement and compliance matters involving potential criminal penalties. Dave's practice includes representing corporate and individual clients (directors, officers, and other employees) in connection with internal investigations and federal and state criminal and regulatory investigations and enforcement matters, including U.S. Department of Justice and Securities and Exchange Commission investigations, banking and financial crimes, environmental crimes and health care fraud.
Before joining Pierce Atwood, Dave worked with the firm of Baker & McKenzie in Chicago, focusing on commercial litigation.
- Served as Chief Associate Independent Counsel in the Office of Independent Counsel Ralph I. Lancaster, which investigated allegations of criminal conduct on the part of President Clinton's Secretary of Labor and other officials. Dave and Ralph Lancaster represented the Chief Justice of the New Hampshire Supreme Court in impeachment proceedings before the New Hampshire House of Representatives.
- Asked by the First Circuit to serve as a Maine representative on the court’s Criminal Justice Act Screening Committee, which assists the court in selecting lawyers to be on the Circuit CJA appellate panel.
- Recognized by Chambers USA for Litigation, and included since 2003 in Best Lawyers in America® in the areas of Bet-the-Company Litigation, Commercial Litigation, White Collar Criminal Defense and Litigation - Regulatory Enforcement (SEC, Telecom, Energy).
- Named "Lawyer of the Year" in Maine by The Best Lawyers in America® for Bet-the-Company Litigation in 2018 and 2021; for Litigation - Regulatory Enforcement (SEC, Telecom, Energy) in 2017; and for White Collar Criminal Defense in 2015, 2016, and 2020.
- Listed in The Best Lawyers in America® since 2003 for Bet-the-Company Litigation, Commercial Litigation, Criminal Defense: White-Collar, and Litigation - Regulatory Enforcement (SEC, Telecom, Energy)
- Since 2013, named a "Local Litigation Star" in Maine by Benchmark Litigation—the definitive guide to America’s leading litigation firms and attorneys. Recognized in the areas of General Commercial and White Collar Crime.
- Rated AV® Preeminent™ by Martindale-Hubbell and as a Top Rated New England Lawyer by ALM.
- Member, Maine State Bar Association
- Member, Maine Trial Lawyers Association
- Member, Cumberland County (Maine) Bar Association
- Lead counsel for paper manufacturing company in defense of action filed by labor union in federal district court arising out of paper company’s shut down and sale of its paper mill. The labor union asserted claims alleging violations of federal and state antitrust laws and violations of state laws requiring payment of severance and vacation benefits to its members and all similarly situated workers at the mill.
- Lead counsel for Massachusetts-based bank in defense of fraud, negligence, and statutory claims asserted by a construction company and its CEO against bank arising out of misappropriation of more than $1.6 million of plaintiff company’s funds by its former accountant/bookkeeper through a check forgery and embezzlement scheme.
- Lead counsel for county-owned civic arena and events center in defense of action brought by owner of an American Hockey League franchise which had been the civic center’s lead sports tenant for twenty years. Plaintiff claimed that the parties reached an agreement on the terms of a long-term lease, which terms were memorialized in a resolution approved by the civic center’s Board of Trustees, and that the defendant civic center had breached the alleged agreement by failing and refusing to enter into a final lease containing the material terms and by failing to negotiate in good faith.
- Lead counsel representing a large public health care company in federal criminal investigation of health care fraud allegations and related civil False Claims Act investigation and qui tam action
- Representation of former director and board audit committee chair of public company in SEC and DOJ investigations involving the FCPA and allegations of securities fraud
- Lead counsel representing multinational seafood company in internal investigation involving allegations of import/export violations
- Lead counsel defending members of limited liability company involved in thoroughbred horse business in multi-million dollar fraudulent transfer actions brought by Chapter 7 bankruptcy trustee
- Lead counsel defending subsidiary of public company that owns and operates waste-to-energy facility in multiple civil actions brought by municipalities and individuals involving allegations of breach of contract, fraud, breach of fiduciary obligations, violations of the federal Clean Air Act, and common law and statutory nuisance claims