Haynes and Boone, LLP | Professionals

Barry McNeil has more than 40 years of experience as a trial lawyer, with the Antitrust Division of the United States Department of Justice and in private practice. He defends companies and senior officers before juries throughout the country in corporate and antitrust criminal prosecutions and parallel civil proceedings and class proceedings. He also represents lawyers and law firms in civil and criminal proceedings.

Over the years he has, in jury trials, prosecuted and defended cases involving civil and criminal fraud, civil and criminal conspiracy, breach of contract, breach of fiduciary duty, RICO, DTPA and state common law claims. In The National Law Journal's "Biggest Defense Verdict of 1999," Mr. McNeil led the successful defense of a national health care provider, winning a "slam-dunk defense verdict" in a fraud and conspiracy case. (NLJ, May 22, 2000.) Other trials involving charges of RICO, conspiracy, commercial bribery and fraud have resulted in take-nothing judgments on claimed losses of millions of dollars.

Mr. McNeil has been recognized by Chambers USA from 2006-2012 as a leading practitioner in antitrust law in Texas. Over the last decade, Mr. McNeil has represented companies and executives in numerous international pricing cartel cases in the vitamins, graphite electrodes, food flavor enhancers, food and feed additives, D-RAM, and LCD and CRT industries. He annually addresses U.S. lawyers and foreign enforcement authorities on the defense of international pricing cartels at the ABA’s International Antitrust Forum.

He represents Fortune 500 companies in Internal Corporate Investigations and in proceedings before the SEC and the Antitrust Division of the DOJ and in lawsuits involving claims of monopolization, price fixing, healthcare fraud and securities violations. Mr. McNeil is ranked as one of fifteen top litigators in the trial bar by International Commercial Litigation, as one of ten top lawyers in Texas by Texas Monthly, and as one of the Best Antitrust Lawyers in Dallas by D Magazine (2008-2009, 2011-2012, 2013, and multiple prior years). He was recognized as a Texas Super Lawyer in Antitrust Litigation (2007-2012), a Top 100 Dallas/Fort Worth Region Super Lawyer and a Top 100 Texas Super Lawyer (2010-2012). He has been recognized as one of The Best Lawyers in America in Antitrust Law; Commercial Litigation; White-Collar Criminal Defense; Bet-the-Company Litigation (2010-2013), Litigation - Antitrust, Litigation - Mergers & Acquisitions, Litigation - Regulatory, and Enforcement (SEC, Telecom, Energy) (2012); and as Best Lawyers' 2013 Dallas Antitrust Lawyer of the Year and 2011 Dallas Antitrust Lawyer of the Year. Mr. McNeil is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. He is frequently retained by Special Litigation Committees, audit committees and outside directors of publicly held companies to conduct internal corporate investigations arising under federal and state securities and antitrust laws, federal criminal statutes and conspiracy to defraud violations.

He is co-editor of the Third Edition of the widely published handbook: Internal Corporate Investigations. Mr. McNeil is a Fellow of the American College of Trial Lawyers and a former Chair of the Litigation Section of the American Bar Association.

Mr. McNeil led a pro bono team of Haynes and Boone attorneys in a seven-year effort on behalf of two indigent Mexican nationals wrongly convicted and given life sentences for a murder they could not have committed. The Texas Court of Criminal Appeals ordered that both defendants be given new trials, a grand jury declined to indict, setting them free after 12 years in prison.

For the team's effort, Haynes and Boone was awarded the 2008 W. Frank Newton Award for outstanding pro bono work.

Selected Representative Experience

School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.

International Freight Forwarding Antitrust Investigation and Litigation
Representation of major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity.

Global Compressor Manufacturing Investigation
Representation of U.S. executive of a worldwide manufacturer of compressors in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing affecting Europe, South America, the United States and Asia.

Financial Services Antitrust Investigation
Representation of leading financial services provider in an investigation by the U.S. Department of Justice's Antitrust Division into alleged antitrust violations in the municipal finance industry.

In re Parkcentral Global Litigation
Represent entities in a class action alleging breach of fiduciary duty and vicarious liability in connection with the failure of the Parkcentral Global hedge fund.

Defense Contracting Antitrust Investigation
Representation of U.S. executive of an international aerospace and defense technology company in an investigation by the Antitrust Division of the Department of Justice into claims of bid-rigging of defense contracts at military installations.

Global Construction and Mining Equipment Manufacturing Investigation
Representation of a U.S. executive of a worldwide manufacturer of equipment serving the construction and mining industries in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing.

Transportation Antitrust Investigation
Representation of the CEO of a U.S. Company engaged in the offshore helicopter transportation industry in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing and market allocation affecting the U.S. and the North Sea.

Global Chemicals Price-Fixing Investigation
Representation of U.S. executive of a worldwide supplier of paints and coatings in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing among paint manufacturers within North America.

Electronics Manufacturing Antitrust Prosecution
Representation of Chairman and CEO of a Taiwanese producer of color television display tubes and LCD flat panels in a federal criminal price-fixing case brought by the U.S. Department of Justice's Antitrust Division, alleging agreements among Asian manufacturers to set prices of displays for use in computers and televisions worldwide.

Chemical Industry Market Allocation Investigation
Representation of Swedish executive of a worldwide supplier of paints, coatings and hydrogen peroxide in connection with an investigation by U.S. Department of Justice's Antitrust Division into alleged international market allocation and collusion within Europe and North America.

Marine Supply Manufacturer Bid Rigging Prosecution
Representation of executive of manufacturer of foam-filled marine fenders and buoys in a criminal action by U.S. Department of Justice Antitrust Division alleging bid rigging and customer allocation scheme.

DRAM Price-Fixing Investigation
Representation of U.S. and foreign executives of a worldwide manufacturer of computer chips in an investigation by the U.S. Department of Justice's Antitrust Division into alleged worldwide market allocation and price fixing.

Food Flavor Enhancement Investigation
Representation of worldwide food supplier in a criminal cartel investigation by the Antitrust Division of the Department of Justice into antitrust violations and collusion in the food flavor enhancement industry (MSG and nucleotides).

Oil and Gas Price-Fixing and Market Allocation Investigation
Representation of major oil and gas company in an investigation by the U.S. Department of Justice's Antitrust Division into alleged price-fixing and market allocation among worldwide producers of refining by-products.

Polychloropine Rubber Price-Fixing Investigation
Representation of executive of an Italian producer of polychloroprene rubber in connection with an investigation by the U.S. Department of Justice's Antitrust Division into alleged international price-fixing.

Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.

DOJ and State of Texas Price-Fixing Investigation
Defense of national dairy producer in state and federal antitrust price-fixing investigations.

Microtune, Inc. Securities Litigation
We defended the former CEO of a silicon and systems company that develops radio frequency-based solutions for broadband communications, automotive electronics and wireless markets in a putative class action alleging misrepresentations regarding the company’s revenue recognition. The court granted partial dismissal, Angeloni v. Microtune, Inc., No.4:03-CV-56 (E.D. Tex. 2004), and we negotiated a settlement of the sole remaining claim.

In re Pepsico, Inc., 87 S.W.3d 787 (Tex. App. - Texarkana 2002, orig. proceeding)
Obtained a conditional writ of mandamus ordering a trial court to reinstate a motion to transfer venue.

National Medical Enterprises, Inc. v. Godbey, 924 S.W.2d 123 (Tex. 1996, orig. proceeding)
Obtained a writ of mandamus from the Texas Supreme Court disqualifying opposing counsel in a case against a hospital corporation and a former hospital administrator.

Zuffa, LLC v. HDNet MMA 2008 LLC, 262 S.W.3d 446 (Tex. App.-Dallas 2008, orig. proceeding)
Persuaded the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture.

Lonza AG v. Blum, 70 S.W.3d 184 (Tex. App. - San Antonio 2001, pet. denied)
In a case that redefined the standard of review applied by the San Antonio Court of Appeals in cases involving personal jurisdiction over foreign corporations obtained reversal of a trial court’s order denying a Swiss corporation’s special appearance in a wrongful termination suit alleging fraud and intentional infliction of emotional distress.

Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.

Defense of Alta Colleges in False Claims Act Case Involving Incentive Compensation and For-Profit School Certification
Representation of Alta Colleges, a private, for-profit school, in a False Claims Act qui tam action (N.D. Tex.) alleging violations of Title IV of the Higher Education Act by providing admission personnel prohibited incentive compensation and violations of Texas state regulations governing certification of schools.

United States ex rel. Poisson v. Red River Service Corp.
Representation of Red River Service Corp., a telecommunications company, in United States ex rel. Poisson v. Red River Service Corp. (W.D. Okla.), a False Claims Act qui tam case involving allegations of false claims for payment in connection with contracts to provide telecommunication services to Tinker Air Force Base. Obtained favorable summary judgment ruling.

United States ex rel. Price v. Diamond Plastics, Corp.
Representation of Diamond Plastics, a national manufacturer of PVC pipe, in United States ex rel. Price v. Diamond Plastics, Corp. (N.D. Tex.), a False Claims Act qui tam suit involving allegations that faulty products were used in government construction projects resulting in false claims for payment. Obtained dismissal of the action in district court and affirmance of the dismissal at the Fifth Circuit Court of Appeals.

Memberships

American College of Trial Lawyers
American Bar Association--Chair, Litigation Section (1996-97)

Online Publications

04/14/2010 - New Development in Foreign Anticorruption Law: The United Kingdom’s Bribery Act Reaches Far Beyond the British Isles
On April 8, 2010, the United Kingdom adopted The Bribery Act, and all U.S. companies with operations in the U.K., that employ U.K citizens, or that engage in activities involving U.K. facilities or resources, such as British bank accounts, should take note.

12/18/2008 - Siemens AG Concludes FCPA Investigations with Record-Setting Criminal Penalty
On Monday, December 15, 2008, Siemens AG entered comprehensive settlements in the United States and Germany related to charges of widespread bribery of foreign officials from 2001 through 2007. Siemens agreed to pay a record-setting $1.6 billion to resolve charges asserted under the Foreign Corrupt Practices Act ("FCPA"). This alert digests this landmark case and provides observations relevant to companies' FCPA compliance efforts.

09/12/2008 - Criminal Prosecution of the FCPA
The Foreign Corrupt Practices Act ("FCPA") has provided the basis for an increasing number of criminal prosecutions during recent years. For example, The Department of Justice initiated more individual prosecutions on FCPA charges than in any other year since the FCPA was enacted, and twice as many as in 2006. The Department of Justice recently obtained a guilty plea in one of its highest profile FCPA cases in the history of the Act. While Albert "Jack" Stanley's plea has garnered significant media attention, significant events during the first two weeks of September in two other cases provide additional insight into FCPA criminal enforcement activity. The attached alert discusses the developments in these three cases.

09/05/2008 - Recent SEC Action Reinforces Principles of Compliance with the Foreign Corrupt Practices Act
This alert digests the Con-way case and highlights four principles of FCPA compliance that are reinforced by this SEC enforcement action.

08/06/2008 - Whole Foods - Where Does the Federal Trade Commission Go From Here?
Whole Foods has closed its acquisition of Wild Oats, but it may not have much time to enjoy its purchase. The Federal Trade Commission had sought a preliminary injunction to block the merger to give it time to conduct a trial on the merits, but the district court denied the motion.

06/27/2008 - Foreign Corrupt Practices Act (“FCPA”)
The United States government’s increase in enforcement of the Foreign Corrupt Practices Act (“FCPA”) during the past five years has raised awareness of domestic and foreign corporations to the Act’s requirements. Still, violations continue to make headlines. The latest news came from Houston May 14, when an oil and gas services company agreed to pay $32 million in sanctions for FCPA violations in connection with international contracting activities.

01/28/2008 - A Second Chance: Thousands of Hours + Millions of Dollars = Two Convictions Vacated
Texas Lawyer
When Barry McNeil first read a memo about the trials of two Mexican nationals serving life sentences for the brutal murder of a convenience store clerk in a small town about 30 miles west of Lubbock, he recalls thinking, “This doesn’t sound right.”

06/29/2007 - Resale Price Maintenance No Longer Per Se Illegal
On June 28th, the Supreme Court issued its opinion in Leegin Creative Leather Products, Inc. v. PSKS, Inc., S. Ct. No. 06-480. The single question for decision was “whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act, or whether they should instead be evaluated under the rule of reason.”

08/05/1996 - Mass Torts and Class Actions: Facing Increased Scrutiny

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Barry F. McNeil

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