Barry R. Temkin

 

Barry Temkin is a partner at Mound Cotton. He is a litigator with extensive trial experience, having tried over fifty jury trials to verdict. He has also litigated numerous arbitrations, including securities, commercial and employment disputes. As an Assistant District Attorney in Brooklyn, he tried dozens of jury cases and served as a Senior Trial Attorney in the Homicide Bureau. He represents broker dealers, financial advisors, insurance brokers, financial firms and investment advisers in litigation, arbitration and regulatory investigations. Barry also represents lawyers and law firms in professional responsibility matters, including conflicts, sanction proceedings, fee disputes, legal malpractice cases and proceedings before the attorney grievance committee. He also litigates and tries commercial, construction and professional liability cases.

Barry is an adjunct professor at Fordham University School of Law, where he teaches courses on securities regulation and professional responsibility. He has published articles on securities law and attorney professionalism in the Georgetown Journal of Legal Ethics, Law360, the Securities Regulation Law Journal, Seattle University Law Review, Securities Arbitration Commentator, and the New York Law Journal. Barry has been a member of the FINRA (Financial Industry Regulatory Authority) Board of Arbitrators since 1999, and served for ten years as co-chair of the New York Country Lawyers’ Association Professional Ethics Committee. He has lectured on securities law, professional liability and legal ethics at the New York State Bar Association, the New York County Lawyers’ Association, the Association of the Bar of the City of New York, the Practicing Law Institute, the Futures Industry Association and numerous corporations and insurance companies. He has been quoted in the ABA Journal, Investment News, the New York Law Journal, The Economist, the Wall Street Journal, Law360, the National Law Journal, American Banker, Lawyers U.S.A. and other publications. He is a graduate of the University of Pennsylvania Law School and the University of Rochester.

Honors

  • Adjunct Professor, Fordham University School of Law, 2007–present
  • Super Lawyer, New York Metro 2021: Professional Liability: Defense, 2015-2023
  • Otto L. Walter Distinguished Writing Award, New York Law School, 2008

Memberships

  • Co-chair, New York County Lawyers’ Association Committee on Professional Ethics, 2006 –2016; Member, 2001–present
  • Member, Editorial Board of Oxford University Press, New York Rules of Professional Conduct
  • Member, Financial Industry Regulatory Authority (FINRA) Board of Arbitrators, 1999–present
  • New York County Lawyers’ Association, Committee on Futures and Derivatives
  • Volunteer Attorney, Trial Lawyers Care, 2001–2004

Newsroom

Media Coverage

Bylined Articles

Speaking Engagements

  • Panelist, “Deceptive Investigative Techniques: Civil and Criminal Contexts” CLE webinar, New York County Lawyers Association (NYCLA), January 9, 2024
  • Panelist, “Enforcement by Regulation of Reg BI,” IBDC-RIAC Risk Management Conference, Park City, UT, May 9, 2023
  • Panelist, “Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives,” New York City Bar CLE, Webinar, June 21, 2023
  • Co-Moderator with Vander Beatty, “So You’re Interested in a Career in Securities Law,” New York County Lawyers Association CLE, February 28, 2022
  • Co-Panelist with Katharine Lechleitner, “New York Prompt Pay Act for Construction Contractors,” New York City Bar CLE, Webinar, November 2, 2021
  • Speaker, “The Ethics of the Remote Practice of Law,” National Employment Lawyers Association (NELA): NELA/NY Spring Conference, May 2021
  • Speaker, “Ethics Issues on Infrastructure Projects,” PLI: Construction Projects and Infrastructure, May 2021
  • Speaker, National Society of Compliance Professionals
  • Speaker, Futures Industry Association, Law and Compliance Division Conference on the Regulation of Futures, Derivatives and OTC Products
  • Speaker, “Swaps & Derivatives Global Markets Regulation,” American Conference Institute’s National Advanced Summit
  • Speaker, “Ethics for Financial Industry Lawyers,” SIFMA Ethics Seminar
  • Speaker, Futures Industry Association, Law and Compliance Division Conference on the Regulation of Futures, Derivatives and OTC Products
  • Speaker, Futures and Derivatives Committee, New York County Lawyers’ Association, The Remaking of Wall Street
  • Speaker, American Conference Institute, 2nd Annual Forum on LPL/Legal Malpractice: Departing Attorneys, Lateral Hires, and Their Impact On LPL: Risk Management and Policy Considerations for Carriers and Law Firms
  • Speaker, Futures and Derivatives Committee, New York County Lawyers’ Association, Supervisory Liability Under the Commodity Exchange Act
  • Speaker, “Everyday Ethical Challenges in the Practice of Law,” New York City Bar
  • Speaker, “Ethical Issues for Solo and Small Firm Practitioners,” New York State Trial Lawyers Institute
  • Speaker, “Conflicts For Retained Defense Lawyers,” Defense Association of New York
  • Speaker, “Ethical Conflicts for Directors of Not-for-Profit-Corporations,” New York State Bar Association
  • Speaker, Judicial Elections: The Ethical and Practical Dilemmas They Pose for Practicing Lawyers, New York City Bar
  • Speaker, Ethical Issues in Internal Investigations, New York County Lawyers’ Association
  • Speaker, Civil Trial Practice Institute, New York County Lawyers’ Association

Admissions

Texas, 2022
New York, 1983
New Jersey, 1982
U.S. District Court for the Eastern District of Texas, 2022
U.S. District Court for the Southern District of Texas, 2022
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York

Education

J.D., University of Pennsylvania Law School, 1982
B.A., magna cum laude, University of Rochester, 1979

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