BARRY M. KAPLAN

Partner
 
Securities Litigation
Business Litigation & Counseling
Corporate Law & Governance
Internal & Government Investigations
Litigation
Mergers & Acquisitions

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 teaches a semester-long course on securities litigation at the University of Washington Law School. 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. Barry currently serves on the board of the Washington Israel Business Council (WIBC).

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 board of directors and previously was a member of the firm's Policy Committee as well as its Nominating Committee.

Best Lawyers in America named Barry the 2012 Securities Litigator of the Year for Seattle—the first time that this honor has been awarded to a Seattle securities litigator.

SELECT CASES:

Public companies represented as lead counsel in one or more shareholder class actions and/or derivative lawsuits:

  • Alaska Airlines
  • Alcide Corporation
  • Ambassadors Group, Inc.
  • Atossa Genetics, Inc.
  • Avenue A
  • Blucora
  • The Boeing Company
  • Cell Therapeutics, Inc.
  • Chelsea Therapeutics International Ltd.
  • Coinstar, Inc.
  • Dendreon Corporation
  • Digital Systems International Inc.
  • Egghead Software
  • Fisher Communications
  • Immunex Corporation
  • Inspire Pharmaceuticals, Inc.
  • Intermec, Inc.
  • Isilon Systems, Inc.
  • Itron, Inc.
  • Jones Soda Co.
  • Micron Technology, Inc.
  • Nighthawk Radiology
  • OfficeMax
  • Omega Environmental
  • PowerSecure International, Inc.
  • Pozen, Inc.
  • Primus Knowledge Solutions
  • Safeco Corporation
  • Starbucks Corporation
  • Sterling Financial Corporation
  • Washington Mutual, Inc. (former CEO)
  • West Sound Bank
  • Western Wireless
  • Zumiez Inc.

Public companies represented as lead counsel 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:
  • Member of AIG Director and Officer Litigation Panel
  • Member of Monitor Liability Securities Claims Panel
  • Member of ACE USA Preferred Securities Panel
  • Member, Marsh Securities Claim Panel
  • Advisory Board Member, Seattle-Northwest Chapter of the National Association of Corporate Directors
  • Board Member, Washington Israel Business Council (WIBC)
  • Member, American Bar Association
  • Member, Federal Bar Association for the Western District of Washington
  • Member, North Carolina Biosciences Organization (NCBIO)
  • Member, Washington State Bar Association
HONORS:
  • Named the 2012 Seattle Litigation – Securities Lawyer of the Year by Best Lawyers
  • Named in Best Lawyers in America – commercial litigation & securities law
  • Named in Chambers USA: America's Leading Lawyers for Business:
    • "Barry Kaplan of Wilson Sonsini Goodrich & Rosati is one of the region's finest securities litigators. Clients praise him as 'a masterful attorney with incredibly good people skills and a phenomenal track record.'"
    • "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.'"
  • Selected to Washington CEO Magazine's list of Top Washington Lawyers
  • Repeatedly named in Washington Super Lawyers and recognized multiple years among the Top 100 Lawyers in Washington
  • AVVO Rated 10/10 "Superb"
  • Listed in Who's Who in America, Who's Who in American Law, and Who's Who in the World
  • AV Preeminent Peer Review Rating, Martindale-Hubbell
SELECT PUBLICATIONS:
  • Member of editorial board and contributing author, Shareholder Litigation in Washington State, WSBA Continuing Legal Education, 2014
  • "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:
  • Panelist, "Emerging Risks: How Cyber Liability and Data Privacy Claims are Impacting the Boardroom and the future of D&O Litigation," 2014 ACE Professional Risk Preferred Securities Panel Counsel Meeting, Lafayette Hill, Pennsylvania, October 2014
  • Panelist, D&O Roundtable: Claims Trends and Uncertainties, AIG 27th Annual Financial Lines Producer Conference, Stowe, Vermont, September 2014
  • Panelist, "Halliburton and the D&O Market," AIG 2014 Panel Conference, Stowe, Vermont, May 2014
  • Moderator, "Mergers & Acquisitions Litigation," 34th Annual Northwest Securities Institute, Seattle, Washington, May 2014
  • "Spring Training for Investor Relations Executives: Avoiding Unforced Errors in Corporate Disclosure," National Investor Relations Institute (NIRI), Seattle Chapter, Seattle, Washington, April 2014
  • "Update on Shareholder Litigation," 3rd Annual Business Law Symposium, Gonzaga University Law School, Spokane, Washington, November 2013
  • "Directors & Officers Liability Coverage Current Trends," AIG University, Seattle and Portland, May 2013
  • "Trends in D&O Litigation and Insurance," Washington Education Forum, Seattle, Washington, March 2013
  • "Representing Biotech Companies in Securities Litigation," 2nd Annual Business Law Symposium, Gonzaga University, Spokane, Washington, October 2012
  • "Unique Disclosure Risks Facing Biotech Companies," North Carolina Biosciences Organization (NCBIO), Raleigh, North Carolina, August 2012
  • "The Unique Disclosure Risks Facing Biotechnology Companies," Northwest Association of Bioscience Financial Officers (NABFO), Seattle, Washington, May 2012
  • "Liability Exposure for In-House Counsel, Understanding and Managing the Risk," Corporate Counsel Institute 2011, Seattle, Washington, November 2011
  • Panelist, "The Dodd-Frank Wall Street Reform and Consumer Protection Act Symposium," Gonzaga University, Spokane, Washington, November 2011
  • "Director Legal Briefing," Seattle Northwest Chapter NACD, Seattle, Washington, May 2011
  • "Increased Governmental Investigations and Enforcement Activity: What You Need to Know About the Increased D&O Liability," Marsh 2011 Directors & Officers Liability Insurance Briefing, April 2011
  • "Securities Litigation in the Aftermath of the Crisis: What Happened in 2010 and What Lies Ahead?" New York University Stern School of Business, February 2011
  • "Liability Issues for Directors and Officers," University of Washington Business School, Seattle, Washington, February 2011
  • "Key Securities Litigation Developments in 2010," Northwest Securities Institute, Portland, Oregon, February 2011
  • "Director Legal Briefing," Seattle Northwest Chapter NACD, Seattle, Washington, May 2010
  • Panelist, "Who's on First? – Inside a Disclosure Crisis," Northwest Securities Institute, Seattle, Washington, March 2010
  • "Director Legal Briefing," Portland Northwest Chapter NACD, Portland, Oregon, May 2009
  • "Director Legal Briefing," 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
  • More speaking engagements
  • Please see wsgr.com for a complete list of speaking engagements.
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

Contact Information

701 Fifth Avenue
Suite 5100
Seattle, WA 98104
Phone | 206-883-2538
Fax | 206-883-2699

Email | Barry Kaplanbkaplan@wsgr.com

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