People

Ben Barnes

Ben Barnes is a senior associate in the Dallas office. Ben is a trial lawyer with extensive experience resolving complex disputes.  He employs an aggressive, but practical approach centered on achieving his clients’ aims as effectively and economically as possible.

Ben’s practice is focused on insolvency-related litigation, and he has represented litigation trustees, liquidating trustees, creditors, and debtors in a number of cases involving breaches of fiduciary duty, fraudulent transfers, and major preferential transfers. He also maintains a complex business litigation practice and has represented a wide range of companies and entrepreneurs in both state and federal court and in arbitration.  In addition to insolvency-related litigation, Ben’s substantive experience includes antitrust, real estate, oil and gas, corporate governance, legal malpractice, and other complex litigation.

Ben’s superior trial work has earned him recognition from both legal media and his colleagues.  Texas Super Lawyer has named Ben a “Rising Star” since 2018, and D Magazine included him on its list of Best Lawyers Under 40 in Dallas.  His peers have also selected him for leadership positions in several prominent bar organizations.  Ben currently serves on the boards of the Federal Bar Association Bankruptcy Section, the Federal Bar Association Younger Lawyers Division, and the American Bar Association Business Torts Litigation Committee.  Ben frequently speaks and writes on trial strategy and techniques.

Before entering private practice, Ben clerked for the Honorable Raymond Gruender of the United States Court of Appeals for the Eighth Circuit.  He has served as an officer in the United States Marine Corps Reserve since 2010.

Notable Representations:

  • Represented litigation trustee as successor-in-interest to marine fuel logistics company in corporate governance litigation against former directors and officers.
  • Represented litigation trustee as successor-in-interest to electronics manufacturing company in corporate governance litigation against former officers.
  • Represented litigation trustee as successor-in-interest to insurance services outsourcer in corporate governance litigation against former directors and officers.
  • Successfully contested chapter 11 plan of reorganization on behalf of major investment fund.
  • Defended alternative investment fund in fraudulent transfer action brought by Chapter 11 Trustee.
  • Secured full dismissal of legal malpractice claims brought against major international law firm by Chapter 11 Trustee.
  • Successful defense of mortgage servicer against claims of wrongful foreclosure and violations of the fair credit reporting act.
  • Secured favorable settlement on behalf of independent directors of financial services firm in shareholder derivative action.
  • Obtained temporary restraining order and favorable settlement on behalf of midstream energy company in lawsuit arising from equipment theft.
  • Obtained temporary restraining order and temporary injunction on behalf of utility services provider in lawsuit arising from civil theft and conversion.

Publications and Speaking Engagements:

  • Author, How to Prepare Your Cross-Examination, presented to the American Bar Association Section of Litigation, Young Advocates Committee (August 2019)
  • Author, A Primer on Pursuing Unlawful Dividend Claims, presented to the American Bankruptcy Institute, Commercial Fraud Committee (August 2019)

  • Speaker, Preparing Your Cross-Examination, presented to the Dallas Bar Association (June 2019)
  • Author, Do Fiduciaries of Fiduciaries Owe Duties?, presented to American Bar Association, Section of Litigation, Business Torts Subcommittee (March 2019)
  • Speaker, It’s Your Deposition: Practical Tips for Commanding the Room and Protecting Your Record, presented at the Federal Bar Association Rising Professionals Symposium (February 2019)