Barry R. Temkin

Partner

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

Quoted, “Finra Fines Prudential $1 Million Over Inaccurate Retirement-Plan Information,” Investment News, January 17, 2020
Quoted, “Cohen Tapes Show Broken Attorney-Client Relationship,” Law360, July 23, 2018
Quoted, “SEC Warns Advisers to Toe the Line on Fees,” Investment News, April 12, 2018
Quoted, “Finra: More than a quarter of arbitration awards go unpaid,” Investment News, February 8, 2018
Quoted, “Brokers support Finra ranking of reps to identify bad apples as long as list stays private,” Investment News, October 17, 2017
Quoted, “Calculating the Hourly Rate of a Federal Agency Lawyer? It’s Complicated,” National Law Journal, October 29, 2015

Bylined Articles

“Choice of Counsel and Policy Erosion for Professional Liability Policies Under the New York Insurance Law,” co-authored with Robert Usinger, PLUS Blog, March 14, 2022
“NY Prompt Pay Act for Construction Contractors,” co-authored with Ken Eccleston, New York Law Journal, August 10, 2021
“Can An Investor Sue A Self-Regulatory Organization For Failing To Enforce Its Own Bylaws,” co-authored with Philip J. Troyer, Mealey’s Emerging Securities Litigation, July 2021
“ABA Remote Work Guide Raises Bar For Atty Tech Know-How,” co-authored with Jennifer Goldsmith, Law360, April 5, 2021
“Preventing Coronavirus Claims: Strategies for Architects and Engineers,” co-authored with Kenneth Greenwald and Kate Digeronimo, Liberty Mutual Insurance, March 19, 2021
“New Developments in Law Firms’ Obligations To Protect Against Data Breaches,” co-authored with Jennifer Goldsmith and David Standish, New York Law Journal, January 15, 2021
“When Should Law Firms Notify Clients About Data Breaches?,” co-authored with Jennifer Goldsmith and David Standish, Business Law Today, November 9, 2020
“Is Senator Burr Guilty of Insider Trading Under the STOCK Act?,” co-authored with Mitchell Markarian, New York Law Journal, July 20, 2020
“SEC Regulation Best Interest: A Practical Guide for Broker-Dealers and Investment Advisers,” co-authored with Jennifer Goldsmith and Mitchell Markarian, Business Law Today, May 12, 2020
“New ‘Regulation Best Interest’ Becomes Effective for Broker Dealers,” co-authored with Melissa Tarentino, New York Law Journal, September 24, 2019
“Lawyers’ Digital Assistants Raise Ethics, Privacy Concerns,” co-authored with Brenda Dorsett, Law360, May 23, 2019
“The NY Department of Financial Services Cybersecurity Regulations: An Update,” co-authored with Kenneth Labbate, New York Law Journal, June 28, 2018
“Tips For Handling Workplace Substance Abuse Under ADA,” co-authored with Robert Usinger, Law360, October 11, 2017
“The Contract, The Law, and The Courts: Determining the Enforceability of Indemnity Agreements is A Three-Step Process,” co-authored with Robert Usinger, CLM Magazine, September 8, 2017
“The Importance of Understanding Insurance Issues in Securities Arbitration and Mediation,” co-authored with Atea Martin and James Yellen, New York Law Journal, Volume 258, No. 37, August 23, 2017
“Social Media and the Rules of Professional Conduct: Is Linkedin Attorney Advertising?,” co-authored with James Walker, Bloomberg Law, March 17, 2017
“New Cyber Security Regulations Promulgated By New York’s Department Of Financial Services,” co-authored with Robert Usinger, Corporate Disputes Magazine, Jan–Mar 2017
“New Cybersecurity Regulations: Impact on Representing Financial Institutions,” New York Law Journal, Volume 256, No. 115, December 14, 2016
“Lawyers as Whistleblowers: Recent Developments,” PLUS Journal, December 2016
“Effects of New Standards for Company Plan Fiduciaries,” co-authored with Kate Digeronimo, New York Law Journal, August 5, 2015
“Recent Developments in FINRA Arbitration,” co-authored with Robert Usinger and Christopher Amore, PLUS Journal, August 2014
“The SEC’s Proposed Uniform Fiduciary Standard for Financial Advisers: An Update,” co-authored with Matthew Photis, PLUS Journal, March 16, 2015
“May Lawyers Collect Whistleblower Bounties Under Dodd-Frank Act?,” New York Law Journal, November 6, 2013
“Solicitation By Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation to Witnesses,” co-authored with Michael Stone, Defense Counsel Journal, October 2013
“The Perils of Outside Referrals by Lawyers,” co-authored with Robert Usinger, PLUS Journal, August 1, 2013
“Conflicts of Interest and Choice of Counsel in Insurance Policies: Some Recent Developments,” co-authored with Robert Usinger, PLUS Journal, August 2012
“Lawyers as Whistleblowers Under the Dodd-Frank Wall Street Reform Act,” co-authored with Ben Moskovits, NYSBA Journal, July-August 2012 issue
“Developments in Interpreting Scaffold Act/Labor Law §240,” co-authored with Mark Weber, NYCLA Construction Law Journal, Summer 2011
“Appearances in FINRA Arbitrations By Out-of-State Lawyers,” co-authored with Robert Usinger, New York Law Journal, March 16, 2012
“Arbitration: Handling FINRA’s New Discovery Guide,” co-authored with Kate DiGeronimo, Compliance Reporter, July 18, 2011
“Ethical Issues for Lawyers Under the Dodd-Frank Wall Street Reform and Consumer Protection Act: Lawyer Representations Under the End-User Swap Exemption,” co-authored with Michael Sackheim, BNA Securities Regulation & Law, June 6, 2011
“CFTC Targets Forex Industry Compliance,” so-authored with Felix Shipkevich, Compliance Reporter, April 18, 2011
“How to Staff an Ethics Hotline,” co-authored with Gordon Eng, Bar Leader Magazine, Vol. 35, No. 3, April 2011
“Twittering Jurors and the Rules of Professional Conduct: Should Lawyers Avert Their Eyes from Juror Social Network Postings?,” ABA/BNA Lawyers’ Manual on Professional Conduct, March 30, 2011
“New Suitability and Fiduciary Standards for Financial Advisers Under the Dodd-Frank Wall Street Reform and Consumer Protection Act and FINRA Rules,” co-authored with Michael Koblenz, Securities Arbitration Commentator, March 2011
“The Ethical Issues of Lateral Moves: Whether, When and How to Notify Clients of a Lawyer’s Resignation,” NYSBA, Vol. 83, No. 3, March/April 2011
“Labor and Employment in the Securities Industry: Are Registered Securities Representatives Subject to the Fair Labor Standards Act?,” co-authored with Robert Goodman 38 Securities Regulation Law Journal 371, Winter 2010
“New York Rules of Professional Conduct,” Oxford University Press, Rule Editor and Contributor of Four Chapters, 2010
“Is Law Firm Discrimination Unethical?,” New York Law Journal, August 26, 2010
“State Regulation of Unauthorized Practice of Law in Arbitration and Mediation: The Trend Toward Permitting Multijurisdictional Practice in ADR,” BNA Securities Regulation & Law Report, 42 SRLR 1561, August 16, 2010
“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,” co-authored 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 Law Review 639, Spring 2001
“Guidance Given on Discovery in NASD Arbitrations,” New York Law Journal, November 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

Client Alerts

Press Releases

Speaking Engagements

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