Barry Hyman

As chair of Schiff Hardin’s Energy Litigation Client Services Group, Barry Stuart Hyman draws from a deep well of experience to help clients navigate complex issues in an increasingly regulated legal environment. An accomplished trial attorney, he is known for his effective representation of public utilities, independent power producers, natural gas companies and other energy industry participants.

Barry understands the energy business. He succeeds by devising and implementing litigation strategies, and achieving desired results, consistent with his clients’ regulatory obligations and business objectives.

Barry has been admitted to appear pro hac vice in state and federal district courts throughout the United States, including New York, Texas, Florida, West Virginia, Utah, California, Virginia and Pennsylvania.

Barry has represented energy companies around the country in a wide array of federal and state court cases, arbitrations, mediations and administrative proceedings involving:

• Clean Air Act citizens’ suits
• Transportation and marketing of natural gas
• Renewable energy
• Power purchase agreements
• Open access transmission tariffs
• Natural gas sales agreements
• Power plant partnership disputes
• Power plant maintenance agreements
• Turbine defect claims
• Regional transmission partnership issues
• Government contracts
• Insurance coverage disputes
• Force majeure provisions
• Asset and stock purchase and sale agreements

EXPERIENCE:

Significant Energy Industry Litigation Matters:

• Trial counsel for independent power producer in defense of a citizens’ suit alleging violations of Federal and State regulations governing opacity and particulate matter emissions from coal fired power plant.
• Trial counsel for commodities trading firm in connection with alleged breach of master rail car lease for transportation of Bakken crude oil.
• Trial counsel for independent power producer in litigation arising in connection with alleged defaults under a long-term lease for an electric power generating plant.
• Trial counsel for public utility in dispute resolution proceedings involving renewable energy facilities
• Trial counsel for independent power producer in dispute arising in connection with alleged breach of electric power plant engine maintenance agreement and warranty claims for defective engine components

Significant General Business Litigation Matters:

• Trial counsel in Federal Bankruptcy and Federal District Court claims proceedings and adversary actions in connection with substantial Ponzi scheme bankruptcy cases.
• Trial counsel in U.S. District Court for the Eastern District of Virginia for breach of contract, fraud and breach of fiduciary duty to consolidate four parcels of real estate for residential/golf course community in face of condemnation proceedings by county government
• Trial counsel in adversary proceeding, arising from largest-ever Securities Investor Protection Corporation (SIPC) liquidation of Wall Street clearing firm, involving securities clearing firm and broker dealer regulatory issues, allegations of market manipulation through illegal short selling, fraudulent securities transactions and net capital violations
• Trial counsel in civil suit by publicly traded heath care company to recover damages for alleged breaches of covenants, representations and warranties in merger and acquisition agreement, fraud and violations of Medicare and Medicaid regulations

EDUCATION:

• Case Western Reserve University School of Law, J.D., 1984
• Connecticut College, B.A., 1981

BAR ADMISSIONS:

• Illinois
• U.S. Court of Appeals for the Seventh Circuit
• U.S. District Court for the Central District of Illinois
• U.S. District Court for the Northern District of Illinois (Trial Bar)
• U.S. Court of Federal Claims

PROFESSIONAL MEMBERSHIPS:

• American Bar Association
• Chicago Bar Association
• Energy Bar Association
• Illinois State Bar Association