Mason Barney

Attorney

mbarney@sirillp.com
(212) 532-1091

200 Park Avenue
Seventeenth Floor
New York, NY 10166

Admitted in NY

Mason A. Barney is an experienced trial attorney who for the past decade has represented large and small companies, along with individuals, in complex commercial litigations.  Mr. Barney also applies his experience as a litigator to assisting his clients in transactional matters.

Mr. Barney received his J.D., summa cum laude from Brooklyn Law School, in 2005.  He served as a law clerk to the Honorable David G. Trager in the U.S. District Court for the Eastern District of New York.  After clerking, he was a member of the litigation departments at Latham & Watkins LLP and then Olshan Frome Wolosky LLP.  Before law school, Mr. Barney earned his B.A. from Bowdoin College, where he double majored in Computer Science and Studio Art, and after college he served as a lead database developer for three years at a successful Internet start-up in Washington D.C.

Mr. Barney has appeared in the New York Super Lawyers Rising Stars list, a Thomson Reuters lawyer rating service for lawyers under 40, every year since 2013.  In addition to his commercial practice, Mason was recognized by the New York Legal Aid Society for his outstanding work representing poor and indigent individuals in matters concerning prisoners rights, immigration, and special education.

Representative Matters

Trials and Arbitrations

  • Represented privately held Bermuda corporation in a three-week arbitration hearing concerning a $100 million indemnification claim over a CERCLA superfund cite;
  • Represented a Japanese animation company in a 13-day trial seeking to terminate a licensing agreement with an American licensee;
  • Represented a prisoner in a four-day federal jury trial asserting his constitutional right to be free from cruel and unusual punishment;
  • Defended one of the worlds largest accounting firms in a 10-day arbitration hearing against charges of professional misconduct;
  • Defended publicly held home goods manufacturer in a six-day arbitration hearing in an action by former executive concerning the breach of his employment agreement;
  • Defended investment bank in FINRA arbitration against claims that its members breached non-compete and non-solicitation agreements and won counterclaims for compensatory damages;
  • Represented major French bank in a FINRA arbitration concerning breaches of contract and fiduciary duty.

Motion Practice

  • Successfully dismissed action against open source software manufacturer in dispute over licensing and partnership agreement by asserting novel arguments that the nature of open source software prevented plaintiff from claiming fraud in the inducement and that there was a territorial limit to California’s broad consumer protection laws. (CingleVue Intern. Pty, Ltd. v eXo Platform NALLC, No. 1:13-CV-818 GLS/RFT, 2014 WL 3400856 (N.D.N.Y. July 10, 2014)). Opinion featured in the Decisions of Note section of the New York Law Journal.  (New York Law Journal, Decisions of Note(July 18, 2015), available at http://dec.nylj.com/1202663548176);
  • Won appellate reversal of state court summary judgment, securing the validity of a sublease on apparent authority grounds even though the operating agreement of the building’s owner prohibited subleases; the appellate victory cleared the path to a negotiated settlement that included remuneration of over $250,000 in attorneys’ fees (Black Theatre Workshop Inc. v Nubian Properties LLC, 89 A.D.3d 518 (1st Dep’t 2011));
  • Successfully won dismissal of multiple claims for breach of contract, fraud and negligent infliction of emotion distress against a small private school that serves students with disabilities. Spadone v. The Lang School, No. 151964/2015, 2015 WL 4656519 (N.Y. Sup. Ct. Aug. 04, 2015); McCarthy v. The Lang School, No. 160061/2015, 2016 WL 1182109 (N.Y. Sup. Ct. March 25, 2016);
  • Won temporary restraining order and preliminary injunction for New York City Private School to prevent illegal defamation by former parent (The Lang School v. McCarthy,Index No. 652372/2016 (N.Y. Sup. Ct.));
  • Quashed subpoena issued to Bermuda corporation in as part of a CERCLA funding action in Wisconsin (Appvion, Inc. and NCR Corporation v. Windward Prospects Ltd., No. 2:08-cv-16-WGG (E.D. Wis.));
  • Helped win summary judgment victory for multinational advertising conglomerate in multi-billion-dollar securities class action (In re Omnicom Group, Inc. Sec. Litig.,541 F. Supp. 2d 546 (S.D.N.Y. 2008), affd, 597 F.3d 501 (2d Cir 2010)).

Settlements and Contract Negotiations

  • Negotiated a high seven figure settlement for U.S. distributor of generic drug components in a matter concerning a distribution contract with an Asian chemical manufacturer in arbitration before the International Centre for Dispute Resolution;
  • Reached successful settlement for one of the world’s largest advertising holding companies in complex corporate governance class action and in contract disputes;
  • Negotiated successful settlement for advertising company regarding its claims against a former executive who breached his non-compete agreement by attempting to improperly convince clients to leave;
  • Advised multi-national software manufacturer in re-negotiating licensing agreement with major customer;
  • Drafted standard vendor contract for large specialty food retailer;
  • Represented client in forming LLC for privately held education company;
  • Represented author in negotiating publishing contract;
  • Obtained positive settlement for major league baseball agent in dispute concerning the representation of two baseball players.

Other

  • Represented publicly traded software and hardware manufacturers in U.S. Attorney and SEC investigations, assisted company in drafting new internal policies;
  • Conducted internal investigation for publicly traded international computer hardware manufacturer concerning alleged violations of the Foreign Corrupt Practices Act at a Chinese subsidiary. Persuaded the DOJ and SEC to not take any actions against the company. Worked with senior executives to draft and implement new international sales policies and training programs;
  • Represented employee of major international bank in connection with Foreign Corrupt Practices Act investigation conducted by the Department of Justice and Securities and Exchange Commission;
  • Conducted internal investigation on behalf of private company into alleged use of fraudulent customs documents in Malaysia;
  • Represented New York City charter school founder in responding to a New York State Attorney General investigation;
  • Collaborated with New York Lawyers for the Public Interest to establish pro bono project representing parents and students in administrative hearings to ensure that the student received appropriate special education services;

Selected Legal Publications & Legal Instructor

  • Article: The FBI vs. Apple: What Does the Law Actually Say?, Inc. Magazine (February 2016)
  • Article: Is Forcing Apple to Bypass its Own Security Technology “Unreasonably Burdensome”?, Bloomberg BNA (February 2016).
  • Article: RadioShack Bankruptcy Deal to Sell Customer Data is a Cautionary Tale for Companies, Advertising Law Blog (June 2015).
  • Article: Georgetown’s Third Annual Cybersecurity Law Institute – A Recap of Informative Programming, eWhite House Watch (June 2015).
  • Article: Legal Landscape for Cybersecurity Risk is Changing as Federal Government and SEC Take Action, Inside Counsel Magazine (May 2015).
  • Article: Can Lawyers Be Compelled to Produce Data They Compile? An Emerging Front in the Trenches of e-Discovery Battles, Bloomberg BNA (May 2015).
  • Client Alert: New DOJ and SEC Foreign Corrupt Practices Act Guide a Useful Company Resource (November 2012).
  • Client Alert: Federal Court Endorses Computer-Assisted Review in e-Discovery (March 2012).
  • Article: Tellabs v. Makor, One Year Later, Securities Law 360 (July 2008).
  • Comment: Not as Bad as We Thought: The Legacy of Geier v. American Honda Motor Co.in Product Liability Actions, 70 Brooklyn L. Rev. 949 (Spring 2005).
  • CLE Instructor: The Foreign Corrupt Practices Act: Recent Developments and Best Practices (June 2013).
  • Adjunct Professor: City College, Education Law (Summer 2016)

Admissions

  • New York, 2006
  • U.S. District Court, Southern Districts of New York, 2008
  • U.S. District Court, Eastern Districts of New York, 2008
  • U.S. District Court, Northern District of New York, 2013

Contact Us

=

THE METLIFE BUILDING
200 PARK AVENUE
SEVENTEENTH FLOOR
NEW YORK, NY 10166

PHONE:
(
212) 532-1091
FACSIMILE:
(646) 417-5967

Disclaimer

Attorney Advertising Disclaimer: The material on this web site has been prepared and is copyrighted by Siri & Glimstad LLP (“SG”). The material is for informational purposes only and does not constitute legal advice. The material is not guaranteed to be correct, complete, or up to date.  Information provided by or cited to third parties does not necessarily reflect the opinions of SG or any of its attorneys or clients.

Jurisdictions In Which Our Attorneys Are Licensed To Practice: SG has an office in New York. Members of the firm practice in federal district courts throughout the United States. SG attorneys are licensed to practice in the state(s) enumerated on their individual attorney profiles.

Disclaimer On Contract Formation: Your receipt of the information on this website is not intended to create, and receipt does not constitute, a contract for representation by SG. This information is not intended to substitute for obtaining legal advice from an attorney. No person should act or rely on any information in this site without seeking the advice of an attorney.   Also, please be aware that the sending of an e-mail message to SG does not contractually obligate SG to represent you as your attorney. SG cannot serve as your counsel in any matter unless you and our firm expressly agree, in writing, that we will serve as your attorney.

Statute Of Limitations Notice: You should be aware that the Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time remaining for you to file any potential claims you may have.

This Is An Advertisement: This web site may be considered advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Independent Investigation: All potential clients are urged to make their own independent investigation and evaluation of any lawyer’s credentials and ability being considered, and not rely upon advertisements or self-proclaimed expertise. Our attorneys are not certified as specialists in any particular field of law.

Siri & Glimstad Does Not Offer Any Guarantees Of Case Results: Every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any case. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.

Notice On Contingent Fees: SG represents clients in certain cases on a contingent fee basis. In such cases, no fee will be charged in the absence of recovery. However, in the event of an adverse verdict or decision, the contingent fee litigant may be responsible for court costs.

Statement Of Client’s Rights: The Appellate Divisions of the State of New York have enacted a Statement of Client’s Rights and Statement of Client’s Responsibilities which are available at www.nysba.org  If you have any questions about the content of either of these documents, please let us know.

Image Notice: No persons pictured on this website are clients of SG.