Justin Barnard

My Approach

In a hard-fought dispute, the path to success begins with a clear-eyed, deliberate strategy to build the record that will position your case for a win.  I work closely with my clients from the outset to understand their perspective, evaluate their specific situation, and develop an effective and efficient plan for achieving the optimal outcome.  A tenacious advocate for my clients, I strive to be more strategic and well-informed than the opposition at every turn.  Litigation is not the right answer to every problem, and I pride myself on developing creative solutions to achieve my clients’ goals without the expense and burden of litigation when appropriate.

Practice Areas

Civil Litigation and Appeals

I represent clients in complex, high-stakes litigation and appeals, including commercial disputes, legal malpractice actions, property disputes, constitutional claims, and contested trust and estate proceedings.  I have achieved successful outcomes for my clients in cases in state and federal courts, the Vermont Supreme Court, and the U.S. Courts of Appeal for the First and Second Circuits.  My clients have included local and national businesses, individuals, colleges and universities, non-profits, and trustees and executors.

Nonprofit Endowments and Charitable Gifts

I advise and represent non-profits and educational institutions in issues relating to endowments and charitable gifts, including compliance with the Uniform Prudent Management of Institutional Funds Act.  I have successfully represented clients in obtaining release from restrictions on charitable funds to allow funds to be used to meet other institutional needs.

Experience

• Obtained summary judgment in multi-million dollar earn-out dispute on behalf of an international technology company.
• Obtained summary judgment for law school in claim under the Visual Artists Rights Act relating to removal of controversial mural from display.
• Obtained dismissal of FDCPA class action concerning handling of nonjudicial foreclosures on behalf of national law firm.
• Obtained dismissal of suit over governance of national non-profit organization under New York’s Not-for-Profit Corporation Law on behalf of organization’s directors.
• Obtain summary judgment for law firm in legal malpractice case seeking $60 million in damages, and successfully defended the judgment on appeal to the Second Circuit.
• Obtained decision from the Vermont Supreme Court affirming judgment for law firm in malpractice case brought by third-party beneficiary of firm’s estate planning client.
• Obtained summary judgment for solar developers in suits seeking to recognize novel claim for “aesthetic nuisance,” and obtained decision from the Vermont Supreme Court affirming judgment on appeal.
• Law Clerk, Hon. Kermit V. Lipez, United States Court of Appeals for the First Circuit
• Served as Assistant Attorney General in the Maine Attorney General’s Office, and was one of several assistant attorneys general selected nationwide for a fellowship sponsored by the National Association of Attorneys General and the Robert Wood Johnson Foundation
• Previously practiced with Quinn Emanuel Urquhart & Sullivan in Silicon Valley

Professional Affiliations

• Vermont Bar Association, Chair of Federal Practice Section
• Central Vermont Inns of Court, Executive Committee Member

Publications

• Responding to Public Health Emergencies on Tribal Lands: Jurisdictional Challenges and Practical Solutions (Yale Journal of Health Policy, Law, and Ethics, 2015)
• Presumption of Patent Validity (Quinn Emanuel Business Litigation Report, 2009)