Barry Y. Weiner

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Barry Y. Weiner, one of the founders of the firm, is a trial and appellate lawyer concentrating in securities, banking, employment, corporate and professional liability, construction and commercial litigation, both trial and appeal. 

He is an active practitioner before federal and state trial and appellate courts, arbitration panels, mediators, and regulators and is an author and lecturer in trial practice and procedure and alternative dispute resolution. Mr. Weiner serves as an arbitrator and mediator, and has taught advanced alternative dispute resolution as an adjunct professor at Boston University School of Law. Mr. Weiner has also served as a Master in the Courts.

Over the years, Mr. Weiner has held many leadership positions in professional, civic, political, charitable, educational, and arts organizations including: 

ASSOCIATIONS & ORGANIZATIONS

  • American, Massachusetts and Boston Bar Associations
  • Massachusetts Bar Association, Past Chairman of Civil Litigation Section and Elections and Legislative Activities Committees
  • University of Massachusetts at Amherst Foundation, Past Vice Chairman of the Board
  • Massachusetts Democratic Party, Past Treasurer
  • Democratic National Finance Committee, Past Managing Trustee
  • Addison Gilbert Hospital and Foundation, Past Chairman of the Board
  • Massachusetts Hospital Association, Past Trustee
  • Boston University School of Law Alumni Association, Past President
  • Gloucester Stage Company, Past Chairman of the Board and President
  • Montserrat College of Art, Executive Board Member 
  • Montserrat College of Art, Past Trustee
  • Bay State Reading Institute, Board Chairman 
  • Northeast Health Corporation, Trustee 
  • City of Gloucester, Massachusetts Trust Funds, Commissioner 

HONORS & AWARDS

  • Chancellor's Medal, University of Massachusetts Amherst 
  • Silver Shingle Award, Boston University School of Law
  • Regularly acknowledged by his peers in surveys as one of the leading business trial and appellate lawyers in New England; and a highly regarded mediator and arbitrator.

MAJOR/COMPLEX LITIGATION

  • Successful defense of a general contractor and major equipment supplier for the design and construction of a merchant power plant project. The claims by the developer/owner, sounding in contract, tort and statute, sought one half billion dollars in damages in Massachusetts state court.
  • Successful defense of lead underwriter in $70 million class action claim in Federal District Court by the preferred shareholders of a failed savings and loan institution.

SECURITIES

  • Represented a broker-dealer in a State Court prosecution for client broker-dealer. Claims involved: (1) Whether an institutional customer, whose officer placed an oral order to sell $20,000,000 of mortgage-backed securities, and then denied making the order, would be held liable for the loss suffered by our client and (2) the applicable statute of frauds in Massachusetts. The case resulted in a decision for client in the full amount of the loss after trial.
  • Arbitration involving successful defense of $18 million financial suicide case advanced by former customer against clients broker-dealer, broker, branch manager and compliance officers as a result of index option activity.
  • Successful defense of a broker and broker-dealer against claim alleging substantial loss as a result of fraudulent representation relating to bond swaps on purchase of limited partnerships.
  • Successful defense of client broker-dealer against a multi-million dollar claim alleging unsuitable purchase of real estate limited partnerships. Following Superior Court stay, case was tried before arbitration panel.

EMPLOYMENT

  • Successful defense of $19 million claim against client broker-dealer before arbitration panel alleging discrimination, defamation and wrongful termination.
  • Federal Court of Appeals ruling in our client’s favor enforcing arbitration clause in employment application with respect to federal sex and age discrimination claims. The Trial Court had ruled that the 1991 Civil Rights Act precluded arbitration. Court of Appeals, in a case of first impression in the First Circuit, rejected that reasoning and reaffirmed the analysis in Gilmer v. Interstate/Johnson Corp.

BANKING/FINANCE/BANKRUPTCY

  • Represented client lender in multi million dollar lender liability suit following collapse of business. Judgment in favor of our client lender on all counts.
  • Represented client lender in multi-million dollar lender liability suit. Judgment in favor of our client and affirmed in the Appeals Court.
  • In Bankruptcy Court, obtained a Permanent Injunction on behalf of client lender enjoining state court proceeding seeking to re-litigate claims. The Order was ultimately affirmed in First Circuit Court of Appeals. The case involved the enforceability of Judgment based on Stipulation of Dismissal and Release executed in connection with Bankruptcy proceeding.

CORPORATE

  • Defense of claims advanced by consultant for additional stock in successful startup before Superior Court jury; and for money damages against company officers personally, as well as derivative claims. Though additional stock awarded to plaintiff, the personal and derivative claims were dismissed, as well as the much larger stock claim tied to a percentage in perpetuity of all future issues of stock.

ALTERNATIVE DISPUTE RESOLUTION

  • In addition to his experience as trial and appellate counsel, Mr. Weiner has also served as an Arbitrator and Mediator in matters involving not only the above areas of concentration, but professional liability claims as well against attorneys, accountants, architects and engineers; and over the years, a variety of different disputes involving family businesses.