Roger E. Barton

Roger E. Barton is the Managing Partner of Barton LLP. He applies his management expertise and over 30 years of experience to leading a firm that is dedicated to providing its clients with quality and results through a practical and business-minded approach.

Roger is an accomplished litigator with an international reputation for achieving outstanding results for his clients. He has been rated by The American Lawyer, Corporate Counsel Magazine and the National Law Journal as one of the Top Commercial Litigators in the United States and has an “AV Preeminent” peer review rating in Martindale, the highest rating in the legal profession for professional excellence and ethical standards. He is a Fellow of the Litigation Counsel of America, the invitation-only trial lawyer honorary society limited to less than one-half of one percent of lawyers in America. He has also consistently been selected as a Super Lawyer in Thompson Reuters’ annual survey of the top 5% of lawyers in the New York Metro Area, 2013 to present.

Roger has tried numerous bench and jury cases to conclusion in the U.S. Federal District Courts, U.S. Tax Court and in state courts across the county. He has argued Federal appeals in the Second and Third Circuits and at the state level. He is also an experienced practitioner in the various forms of ADR including mediation and arbitration both domestically and internationally as well as the enforcement and appeal of international arbitration awards.

Roger’s clients range from large corporate and financial institutions to privately held businesses and senior executives. He routinely litigates cases involving failed financial transactions, breach of contract, fraud, shareholder and partner disputes, investor actions, broker-dealer and FINRA matters, employment, including non-compete and non-solicit actions, and senior executive compensation.

Roger combines his substantive expertise as a litigator with his practical business skills. He views each case as an opportunity to partner with his client in early case assessments, analyzing business goals and developing strategy and budgeting to achieve a disposition consistent with the desired business result. He is frequently asked to lead seminars across the country for in-house counsel audiences on the topic of managing litigation as a business.

In conjunction with the Firm’s corporate attorneys, Roger counsels domestic and foreign financial institutions, emerging growth companies, foreign startups, hedge funds, private equity funds, venture capital funds and privately held corporations in connection with corporate governance, mergers, acquisitions, corporate finance, restructurings, joint ventures and international alliances.

Prior to Barton, Roger was with Sidley Austin in New York.

Practices:

• Arbitration
• Bankruptcy, Creditors’ Rights and Restructuring
• Business Transactions
• Commercial Litigation
• Executive Compensation and Separation
• Labor, Employment and Executive Compensation
• Labor and Employment Disputes

Industry Experience:

• Advertising, Marketing and Public Relations
• Art, Fashion, Beauty, and Design
• Finance
• Generation and Energy Services
• Investment Management
• Investor Relations
• Manufacturing and Distribution
• Real Estate
• Technology

Honors:

• Fellow of the Litigation Counsel of America
• Martindale AV Peer Review Rated
• Selected by Super Lawyers from 2013 to present

Education:

• Fordham University School of Law, J.D.
• University of Michigan, A.B., with honors

Admissions:

• State of New York
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Third Circuit
• United States Tax Court

Memberships:

• American Bar Association
• Litigation Section
• Committee on Corporate Counsel
• Committee on Commercial Litigation and International Section
• British American Business, Inc.
• Member, Board of Directors
• Chair, BAB Accelerate
• BUILD NYC, Member of the Board of Directors Leaders In Law Institute, Director
• New York State Bar Association

In the Media:

• Interviewed in “Law Firms Brace For More COVID-19 Financial Woes.” Law360. (April 09, 2020).
• Interviewed in “Demonstrating Firm Leadership in a Pandemic.” Jaffee Public Relations. (April 07, 2020).
• Interviewed in "Not BigLaw." 2019 Super Lawyers New York Metro Magazine. (Fall 2019).
• “Primerus Reaches Out.” Paradigm Magazine. (Fall 2019).
• Quoted in “The Open Kimono: What Drives the Rising Success of Midsize Firms?” The American Lawyer - Law.com. (September 23, 2019).
• Quoted in “New York Law Firm Enters Nashville, Snags Longtime Legal Pro.” Nashville Law Journal. (September 16, 2019).
• Quoted in “Strategic Networking for Introverts, Extroverts, and Everyone In Between.” American Bar Association Publication. (January 2019).
• Quoted in “3 Ways To Make Yourself An Attractive Lateral Candidate.” Law360. (April 25, 2018).
• Quoted in “6 Lessons BigLaw Can Learn From Boutiques.” Law360. (May 13, 2016).
• Quoted in “US Law Firms Eye Brexit Windfall As Uncertainty Swirls.” Law360. (May 3, 2016).
• Interviewed in “Ones to Watch for 2016: The Best Boutique Law Firms.” Acquisition International. (March 2016).

Attorney Articles:

• Co-Author “Kissing Awake a Sleeping Beauty: The UNIDROIT Principles of International Commercial Contracts.” NYSBA New York Dispute Resolution Lawyer. (Fall 2019).
• “Redefining the Legal Industry’s Approach to Lateral Hiring.” Thomson Reuters’ Westlaw Journal Professional Liability. (July 2019)
• “The UNIDROIT Principles of International Commercial Contracts: A High-Level Analysis for the United States’ Commercial Practitioner.” Hamburg Law Review. (2018).
• “Square pegs, round holes: Does the traditional law firm business model fit the needs of clients, or even most lawyers, anymore?” Thomson Reuters’ Westlaw Journal. (June 2017).
• “Litigation Management: Strategies for Aligning Cost with Value.” Primerus Paradigm Magazine. (Spring 2017).
• “A Perfect Fit: New Frontiers of Due Diligence in Strategic Acquisitions.” Directors Monthly, a publication of the National Association of Corporate Directors. (April 2006).
• Co-Author “Partnering in the New Legal Environment.” Metropolitan Corporate Counsel. (June 2005).
• “Directorship Issues in Insolvent Technology Companies: Alternatives to Maximize the Value of Assets for Creditors.” Directorship. (April 2002).
• “Venture Capitalists as Directors: Avoiding Increased Liability from Serving on the Board of an Insolvent Company.” Securities Litigation & Regulation Reporter. (March 27, 2002).
• “Private Rights of Action Under the Annunzio-Wylie Act: Can Banks Be Held Liable For Failing To File Suspicious Activity Reports?” Bank & Lender Liability Litigation Reporter. (February 7, 2002).
• “Material Adverse Change Clauses in the Wake of the Sept. 11 Tragedy.” Mergers & Acquisitions Litigation Reporter. (February 2002).
• “Venture Capitalists As Directors: Challenges of Serving on the Board of an Insolvent Company.” Directorship. (October 2001).

• “Financial Resilience in a Time of Crisis.” Accelerate Resilience & Continuity Webinar Series. BritishAmerican Business. (April 13, 2020).
• “International Dispute Resolution Tips, Tricks and Traps.” Association of Corporate Counsel Webinar. (September 12, 2019).
• “Effectively Using Dispute Resolution Clauses for International Business: Arbitration versus Litigation – The Impact of the 2005 Hague Choice of Court Convention Becomes a Game Changer.” 2019 Primerus International Convocation. Miami, Florida. (May 4, 2019).
• “Hot Topics in Law Affecting U.S. and Inbound Foreign Companies & Investors.” Seed Forum NYC. New York, New York. (November 15, 2018).
• “Lateral Partner Success: Attraction and Integration.” The Managing Partner Summit™. The Yale Club of New York City. (November 13, 2018).
• “Setting Up International Governance.” Association of Corporate Counsel Annual Meeting. Austin, Texas. (October 22, 2018).
• “Common Law and Civil Law Perspective of the UNDROIT Principles.” CEAC International Arbitration Conference. Hamburg, Germany. (September 14, 2018).
• “Small and Midsized Firms Competing and Succeeding in Today’s Law Firm Market.” The Managing Partner Summit™. New York City Bar. New York, New York. (May 15, 2018).
• “Venture Capitalists’ Investment Trends.” Seed Forum NYC. New York, New York. (May 8, 2018).
• “Collateralization of Foreign Assets and Enforcement of Foreign Judgments.” 2018 Primerus International Convocation. Miami, Florida. (May 5, 2018).
• “Managing Cross Border Legal Matters.” Association of Corporate Counsel Europe. London, England. (January 24, 2018).
• “Technology Trends in the U.S.” Keynote Address, Seed Forum. New York, New York. (November 28, 2017).
• “The Current State of New York’s Tech Economy.” Seed Forum, New York, New York. (June 7, 2017).
• “Leading Change: General Counsel-Led Collaboration Between Law Firms and Legal Departments.” The 2nd Annual Corporate Counsel Leadership Forum – Thomson Reuters Legal Executive Institute, New York, NY. (November 16, 2016).
• “Roundtable Discussion on the Impact of Brexit.” 2016 Primerus Global Conference, Washington, D.C. (October 13, 2016).
• “Entrepreneurial Law Firms: How Do They Add Value With Innovation.” Law Without Walls, University of Miami. Webinar. (March 23, 2016).
•  “Aligning the Values and Costs of Litigation Services,” Managing Litigation as a Business, Houston, TX. (February 18, 2015).
• “Enforcement Strategies in Intellectual Property Litigation,” Managing Litigation as a Business, Phoenix, AZ. (January 22, 2015).
• “Alternative Dispute Resolution: What You Need to Know in 2015,” The Knowledge Group, Webinar, (January 21, 2015).
• Controlling The Costs of Conducting Intellectual Property Litigation, Association of Corporate Counsel (ACC) New York, NY.
• “Law Firm Management.” New York State Bar Association. Webinar.
• “Data Management as a Compliance Obligation Technology in the Boardroom.” Hudson Valley Bank. New York, NY.
• Electronic Data Discovery.” Parsons Brinkerhoff. New York, NY “Management of Litigation and Litigation Technology.” Association of Corporate Counsel (ACC) Community Forum. New York, NY.
• “Effective Management of the Professional Services Firm.” British American Business, Inc. New York, NY.
• “Financial Fraud: Litigation and Prevention, Strategic Research Institute.” 6th Annual Banking and Fraud Conference. Washington, DC.
• “Partnering Technology in Litigation.” LegalTech. New York, NY.
• “Litigation Management For Small Law Departments.” WESFACCA. Greenwich, Connecticut.
• “Partnering For Profit: Cost Avoidance Through Effective Staffing and Risk Management.” 5th Annual LawPartnering Forum. Ponte Vedra Beach, Florida.

• “Partnering Technology in Litigation.” 4th Annual LawPartnering Forum. Long Branch New Jersey.

• “Establishing Your Business in the United States: Choosing the Proper Entity and Overcoming Legal and Business Challenges” presentation delivered to: New York City Economic Development Corporation, Northern Italian Textile Association, UK Ministry of International Trade, Australian Consulate, Polish Consulate, Hungarian Consulate, and NEXCO (National Association of Export Companies).

The Primerus Weekly:

• Founder of New York firm built its presence with the right hiring ‘fit’