| EXPERIENCE: Barry Kaplan is a partner in the Seattle office of Wilson Sonsini Goodrich & Rosati. Barry has broad experience in securities and corporate governance litigation, class action defense, SEC and internal corporate investigations, and complex commercial litigation, including international disputes. Barry is a frequent writer and speaker on securities litigation and corporate law and governance topics, and has taught securities regulation at the University of Washington School of Law. He also co-authored the leading treatise on Washington corporate law, published by LexisNexis. His many civic activities have included serving on the boards of directors for Seattle Youth Symphony Orchestras, Legal Aid for Washington, Temple Beth Am, and the Intiman Theatre. Upon graduating from law school, Barry clerked for the Honorable Charles W. Joiner in the U.S. District Court for the Eastern District of Michigan. Barry currently serves as a member of the firm's Policy and Nominating Committees.
SELECT CASES: Public companies represented in one or more shareholder class actions and/or derivative lawsuits: - Alaska Airlines
- Alcide Corporation
- Amazon.com, Inc.
- Ambassadors Group, Inc.
- Avenue A
- The Boeing Company
- Cell Therapeutics, Inc.
- Dendreon Corporation
- Digital Systems International Inc.
- Egghead Software
- Immunex Corporation
 Barry M. Kaplan
continued | - Inspire Pharmaceuticals, Inc.
- Isilon Systems, Inc.
- Itron, Inc.
- Jones Soda Co.
- Louisiana-Pacific
- Micron Technology, Inc.
- OfficeMax
- Omega Environmental
- Pozen, Inc.
- Primus Knowledge Solutions
- Safeco Corporation
- Washington Mutual, Inc. (former CEO)
- West Sound Bank
- Western Wireless
- Zumiez Inc.
Public companies represented in one or more consumer class actions: - Jackson National Life Insurance Company
- Prudential Savings Bank
- US West
- US West NewVector
EDUCATION: - J.D., University of Michigan Law School, 1976
Cum Laude - B.A., Colgate University, 1973
ASSOCIATIONS AND MEMBERSHIPS: - Advisory Board Member, Seattle-Northwest Chapter of the National Association of Corporate Directors
- Member, American Bar Association
- Member, Federal Bar Association for the Western District of Washington
- Member, King County Bar Association
- Member, Washington Bar Association
HONORS: - Named in Best Lawyers in America for commercial litigation and securities law
- Named in Chambers USA: America's Leading Lawyers for Business:
- "Adored by clients, Barry Kaplan of Wilson Sonsini Goodrich & Rosati has a laid-back style that gets results. 'We wholeheartedly recommend his extensive knowledge and fantastic experience,' say sources."
- "Barry Kaplan at Wilson Sonsini Goodrich & Rosati continues to focus his practice on securities litigation and is recognized by peers as the 'go-to guy for this type of work.'"
Barry M. Kaplan
continued | - Selected to Washington CEO Magazine's list of Top Washington Lawyers
- Repeatedly named a "Washington Super Lawyer" by Washington Law & Politics
- Listed in Who's Who in America, Who's Who in American Law, and Who's Who in the World
SELECT PUBLICATIONS: - "Overview of Securities Class Actions," WSGR White Paper, 2007
- Co-author, "Recent Trends in Private Securities Litigation - Sarbanes-Oxley Act of 2002: The Counter-Reform Act," Glasser LegalWorks, 2003
- Contributing author, The Public Company Handbook, A Practical Guide, Bowne Publishing, 2002 and 2003
- Co-author, Washington Corporate Law: Corporations and LLCs, Lexis Publishing/Matthew Bender & Co., 2002
- "Securities Litigation Developments in the Ninth Circuit and Pacific Northwest: The Year 2000 in Review," Northwest Securities Institute, Washington State Bar Association, January 2001
- "Recent Developments in Lead Counsel and Class Certification," Practising Law Institute, 1999
- "Shareholder Class Actions A Primer for Business Lawyers," Northwest Securities Institute, 1993
- Co-author with Stewart M. Landefeld and Stephen M. Graham, Washington Corporation Law and Practice, Prentice Hall, 1991
- Co-author with Stewart M. Landefeld, "Officer Has Dual Role in Buyout," National Law Journal, March 11, 1991
SELECT SPEAKING ENGAGEMENTS: - "Director Legal Briefing: What Directors Need to Know in 2010," Portland Northwest Chapter NACD, Portland, Oregon, May 2009
- "Director Legal Briefing: What Directors Need to Know in 2010," Seattle Northwest Chapter NACD, Seattle, Washington, May 2009
- "'Soft' Market Communications: Risks, Rewards and Best Practices," Northwest Securities Institute, Portland, Oregon, February 2009
- "Ethics Tips for In-House Counsel and Business Lawyers: A Road Map for Steering Clear of Ethical Traps for the Busy Lawyer," Washington State Bar Association, Seattle, Washington, October 2008, and Spokane, Washington, November 2008
- "Climate Change Litigation: Risks and Responses," 2008 Algae Biomass Summit, Seattle, Washington, October 2008
- "2008 Director Legal Update," Seattle Northwest Chapter NACD, Seattle, Washington, May 2008
- "2007 Director Legal Briefing Update," Seattle Northwest Chapter NACD, Seattle, Washington, May 2007
- "The Pendulum Swings: Securities Class Action Suits, and Directors and Officers Liability Insurance," Segal Graduate School of Business, Simon Fraser University, and the Institute of Corporate Directors, Vancouver, British Columbia, Canada, February 2007
- "The Changing Landscape: Private Securities and Derivative Litigation in the Wake of Criminal and Regulatory Enforcement Actions," Northwest Securities Institute, Portland, Oregon, February 2007
- "The SEC's New Focus on Lawyers," WSBA Corporate Law Department Section, Seattle, Washington, November 2006
- "The Playing Field Begins to Level: Perspectives of a Defensive Player," General Counsel Forum, Seattle, Washington, May 2006
- "Director Legal Briefing: What Directors Need to Know in 2007," Seattle Northwest Chapter NACD, Seattle, Washington, May 2006
- "After the Storm: Securities and Corporate Litigation in the Post-Sarbanes World," Northwest Securities Institute, Seattle, Washington, February 2006
Barry M. Kaplan
continued | - "Internal Investigations and Ethics Issues in a Post-Sarbanes-Oxley World," Bowne/PLI's New Developments in Securities Law, Seattle, Washington, December 2005
- Co-presenter with Larry Sonsini, "Board Service: Is It Worth the Risk?" Seattle, Washington, October 2005
- "A Tour of Recent Securities and Corporate Governance Litigation Developments: Selected Points of Interest to Corporate Counsel," Corporate Counsel Institute, Seattle, Washington, October 2005
- "Derivative Litigation Developments," Glasser LegalWorks, San Francisco, California, July 2005
- "Regulatory, Statutory and Case Law Developments of Significance to Directors," National Association of Corporate Directors (NACD), Seattle, Washington, May 2005
- "A Perfect Storm: Practicing Law at the Convergence of Private Securities Litigation, Derivative Litigation, SEC Enforcement, and Criminal Proceedings," Northwest Securities Institute, Portland, Oregon, February 2005
- "Federal Practice in an Era of Corporate Scandals," Federal Bar Association of the Western District of Washington, Seattle, Washington, December 2004
- "The New Era of Corporate Governance Litigation: Claims against Directors and Internal Investigations," American Corporate Counsel Association (ACCA), Phoenix, Arizona, September 2004
- "Internal Investigations: Corporate Investigations for Effective Governance," The Seminar Group, Seattle, Washington, July 2004
- "What Directors Need to Know about Emerging Best Practices Minutes and Records," National Association of Corporate Directors (NACD), Seattle, Washington, May 2004
- "Handling a Disclosure Crisis," Northwest Securities Institute, Seattle, Washington, February 2004
- "Sarbanes-Oxley Section 307 Reporting Up," ACCA General Counsel Forum, Seattle, Washington, February 2004
- "Change Is Opportunity: Ethical, Professional, and Practical Challenges Facing In-House Counsel and Corporate Lawyers," Corporate Counsel Institute, Seattle, Washington, October 2003
- "Selected Litigation Issues Relevant to Venture Capital Financing," Venture Financing Seminar, Seattle, Washington, June 2003
- "The Impact of Sarbanes-Oxley and Recent SEC Initiatives on Private Securities Litigation," Fifth Annual SEC Disclosure Accounting and Enforcement Conference, Glasser LegalWorks, San Francisco, California, May 2003
- "D&O Insurance and Shareholder Litigation," CPCU Society, Seattle, Washington, March 2003
- "Sarbanes-Oxley," Western District of Washington Annual District Meeting for Judges and Lawyers, Seattle, Washington, March 2003
- "Sarbanes-Oxley," University of Washington Business School, Seattle, Washington, February 2003
- "Civil Liabilities under Sarbanes-Oxley," ACCA, Seattle, Washington, December 2002
- "Criminal and Civil Liabilities under Sarbanes-Oxley," KPMG/Perkins Coie Briefings, Seattle, Washington, and Portland, Oregon, 2002
- "The Changing Relationship between Attorney and Corporate Client under Section 307 of Sarbanes-Oxley," Corporate Governance and Responsibility Seminar, The Seminar Group, Seattle, Washington, 2002
- "Corporate Governance Measures to Prevent Securities Fraud," PLI, San Francisco, California, 2000
- "Recent Developments in Lead Counsel and Class Certification," PLI, San Francisco, California, 1999
- "Developments in Securities Class Action Litigation: A U.S. Perspective," Annual Fasken Martineau DuMoulin Seminar for Directors and Officers, Vancouver, British Columbia, 1997
- "Judicial Developments in Securities Law," Northwest Securities Institute, Portland, Oregon, 1995
- "Insider Trading," American Society of Corporate Secretaries, Seattle, Washington, 1994
Barry M. Kaplan
continued | - "Insider Trading Issues," Financial Executives Institute, Seattle, Washington, 1994
- "Shareholder Class Action," Northwest Securities Institute, Vancouver, British Columbia, 1993
- "Securities Arbitration A Defendant's Perspective," Northwest Securities Institute, Seattle, Washington, 1988
ADMISSIONS: - State Bar of Washington
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the Western District of Washington
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Tax Court
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