Effective November 24, 2014 Morgan Lewis & Bockius LLP and Bingham McCutchen LLP have concluded a transaction. Visitors seeking information on this page should visit the corresponding page on the Morgan Lewis & Bockius LLP website.

Bingham

Bingham

Dale E. Barnes Jr.

Partner

As of November 24, 2014 practicing with Morgan, Lewis & Bockius LLP.

Dale Barnes practices in the areas of securities enforcement and litigation defense, merger and acquisition litigation, corporate governance, class actions and other complex business litigation.

As a result of his regular representation of two of the Big Four accounting firms, Dale has developed extensive experience with respect to financial and tax accounting and disclosure issues. He represents clients in federal and state courts and before the SEC, PCAOB and other regulatory agencies. He leads the firm’s Accountant Defense practice.

Dale is a member of the AIG Securities Litigation Panel and is regularly named a “Northern California Super Lawyer” by San Francisco magazine. He assists his clients in resolving matters economically and expeditiously. When major cases cannot be so resolved, he defends them through settlement, arbitration and trial. With his extensive experience, he also assists his clients with investigations and risk management issues. Hailed by Legal 500 as “one of the top securities litigators on the West Coast,” Dale is also recognized by Chambers USA, which describes him as an “excellent practitioner” whose clients praise him for being “careful, thoughtful and strategic.”

Dale joined McCutchen, now Bingham, in 1981. He was a member of the firm’s executive committee from 1997 to 2000, and managing partner of the San Francisco office from 1999 to 2002.

Experience

  • Representing a Big Four accounting firm in securities class actions, shareholder derivative suits and regulatory investigations relating to food distribution company’s restatement of financial statements. Won dismissal of all claims asserted against our client, and continues to represent client in the plaintiff’s appeal of dismissal of the federal shareholder derivative action.
  • Won motion to dismiss all securities fraud claims against pharmaceutical company and its directors and officers
  • Convinced SEC not to proceed against Big Four audit partner following Wells submission
  • Won motion to dismiss section 11 claim against Big Four auditor
  • Won motion to compel arbitration of all claims against Big Four auditor and favorably settled claims in the course of arbitration
  • Successfully appealed order remanding case to state court and denying further arbitration proceedings for Big Four auditor
  • Favorably settled class and derivative actions arising from network technology company’s restatement of financial statements and company’s acquisition
  • Won summary adjudications in favor of National Football League, affiliates, commissioner and other league against derivative and corporate governance claims by the Oakland Raiders and successfully defended judgment on appeal
  • Won motion to dismiss all securities fraud claims against Big Four auditor and successfully defended judgment on appeal
  • Favorably settled securities class action following partial summary adjudications in favor of Big Four auditor

Representative Clients

  • Deloitte & Touche LLP
  • Aviat Networks, Inc.
  • KPMG LLP
  • National Football League

Events

  • Panelist, SEC Enforcement Update — Other SEC Enforcement Trends, Institute for Advanced Corporate Counsel, ACC-SFBA, Burlingame, Calif. (June 1, 2012)
  • Speaker, Avoiding Disclosure and Financial Reporting Traps, BNA Audioconference (October 2009)
  • Speaker, Who Owns the Privilege? Internal Investigations and the Duty of Loyalty after United States v. Nicholas, Litigation Section of the Barristers Club of the Bar Association of San Francisco, San Francisco, Calif. (Aug. 7, 2009)
  • Moderator and Speaker, What to Do When Accounting Issues Arise, IQPC Third Securities Litigation Seminar, New York, N.Y. (November 2007)

Publications

Memberships

  • American Bar Association
  • Bar Association of San Francisco
  • Association of Business Trial Lawyers

Awards & Honors

  • Best Lawyers, Securities Litigation (2013–2015)
  • Chambers USA, Securities Litigation (California) (2012–2014)
  • Legal 500, Shareholder Litigation (2012–2014)
  • Super Lawyers, Northern California (2005, 2007–2014)
  • Super Lawyers, Corporate Counsel Edition, Securities Litigation (2009)
  • Order of the Coif
  • Beta Gamma Sigma

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