Temkin, Barry

Submitted by admin on Fri, 05/29/2009 - 13:26
in
Name: 
Barry Temkin
atty_type: 
Of Counsel
P: 
(212) 804-4221
F: 
(212) 344-8066
Location: 
New York, NY
E: 
btemkin@moundcotton.com

Barry Temkin is counsel to Mound Cotton Wollan & Greengrass. His practice includes securities arbitration and litigation, directors and officers defense, commodities and securities regulation, legal malpractice, legal ethics, construction and commercial litigation. Mr. Temkin has represented broker dealers, futures commission merchants and registered representatives in a variety of arbitrations and regulatory investigations.

Mr. Temkin is an adjunct professor at Fordham University School of Law, where he teaches Professional Responsibility. He was a former Assistant District Attorney in Brooklyn, where he served as a Senior Trial Attorney in the Homicide Bureau. Mr. Temkin has published articles on securities arbitration and attorney professionalism in the Georgetown Journal of Legal Ethics, Seattle University Law Review, Securities Arbitration Commentator, Touro Law Review and the New York Law Journal. Mr. Temkin has been a member of the FINRA (Financial Industry Regulatory Authority) Board of Arbitrators since 1999, and is chair of the New York Country Lawyers' Association Professional Ethics Committee. Mr. Temkin has participated in panels on securities, commodities 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, New York Law School, Benjamin N. Cardozo School of Law, New York State Trial Lawyers Association and The Defense Association of New York.

Mr. Temkin is a graduate of the University of Rochester and the University of Pennsylvania Law School.

MEMBERSHIPS/HONORS

  • Chair, New York County Lawyers’ Association Committee on Professional Ethics, 2006 - present; Member, 2001- present
  • Member, Editorial Board of Oxford University Press Annotated New York Rules of Professional Conduct, 2010
  • Member, NASD Regulation, Inc./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
  • Otto L. Walter Distinguished Writing Award, New York Law School, 2008
  • Member, Editorial Board of The Legal Malpractice Law Review

PUBLICATIONS

  • Supervision Duties Under the Commodity Exchange Act, New York Law Journal (May 27, 2010).
  • Settling Away: Unreported Private Settlement of Customer Complaints in the Securities Industry, Securities Arbitration Commentator, Vol. 2009, No. 4 (May 2010).
  • Open Questions on the Duty to Advise of the Right to Select Independent Counsel, The Defendant (Spring 2010).
  • Intrafamily Conflicts of Interest Under the Rules of Professional Conduct, New York Law Journal (December 31, 2009).
  • Lying by Proxy: Permissible Trickery and Deception by Undercover Investigators, New York Law Journal (October 13, 2009).
  • Coverage Conflicts for Retained Insurance Defense Counsel, New York Law Journal (July 8, 2009).
  • Client Perjury Under the New Rules of Professional Conduct, New York Law Journal (February 24, 2009).
  • Deception in Undercover Investigations: Conduct Based vs. Status Based Ethical Analysis, 32 Seattle University Law Review 123 (Fall 2008). (Winner of 2008 Otto L. Walter Distinguished Writing Award from New York Law School)
  • Arbitration of Customer Claims Before the New Financial Industry Regulatory Authority, (with James Yellen),  New York Law Journal (June 2008).
  • Are Insurance Brokers Professionals? New York Law Journal (August 8, 2006).
  • Statutes of Limitation in Securities Arbitrations, New York Law Journal (June 16, 2005).
  • Ethical Issues in Settlement Negotiations, New York Law Journal (March 14, 2005).
  • Misrepresentation By Omission in Settlement Negotiations:  Should There Be A Silent Safe Harbor?, 18 Georgetown J. L. Ethics 179 (Fall/Winter 2004).
  • Pleading Standards in Securities Arbitrations, New York Law Journal (Sept. 20, 2004).
  • Errant E-Mail: Inadvertent Disclosure of Confidential Material Poses Dilemma, New York Law Journal, (October 14, 2003).
  • Ethical, Legal and Practical Implications of Attorney Referral Fees, New York Law Journal (August 7, 2002).
  • Reviewing Legal Implications of Variable Annuities,  New York Law Journal (February 26, 2002).
  • Can Negligent Referral to Another Attorney Constitute Legal Malpractice?  17 Touro L.  Rev. 639 (Spring 2001).
  • Guidance Given on Discovery in NASD Arbitrations, New York Law Journal (Nov. 13, 2001).
  • New York's Labor Law Section 240:  Has it Been Narrowed or Expanded By The Courts Beyond The Legislative Intent?, 44 New York Law School Law Review 45 (2000), 44 NYLSLR 45 (cited with approval in Narducci v. Manhasset Bay Associates, 96 N.Y.2d 259, 727 N.Y.S.2d 37 (2001), and Almanzar v. Goval Realty Corp., 286 A.D.2d 278, 729 N.Y.S.2d 133 (1st Dep’t 2001).

SPEAKING ENGAGEMENTS

  • New York City Bar, Starting and Maintaining Your Own Firm In a Recession (February 9, 2010)
  • 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 (January 27, 2010)
  • Futures and Derivatives Committee, New York County Lawyers' Association, Supervisory Liability Under the Commodity Exchange Act (January 19, 2010)
  • New York City Bar, Everyday Ethical Challenges in the Practice of Law
  • New York State Trial Lawyers Insitute: Ethical Issues for Solo and Small Firm Practitioners
  • New York State Bar Association: Code of Professional Responsibility
  • Defense Association of New York: Conflicts For Retained Defense Lawyers
  • New York State Bar Association: Ethical Conflicts for Directors of Not-for-Profit-Corporations
  • New York City Bar, Judicial Elections: The Ethical and Practical Dilemmas They Pose for Practicing Lawyers
  • New York State Bar Association, Ethics for Litigators and Trial Lawyers
  • New  York County Lawyers' Association, Ethical Issues in Internal Investigations
  • New York County Lawyers' Association, Civil Trial Practice Institute

ADMISSIONS
New York
New Jersey
United States District Court Eastern District of New York
United States District Court Southern District of New York

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