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Matthew J. BarnesMatthew J. Barnes

Matthew J. Barnes represents small, mid-sized and large national organizations in pursuit and defense of the clients’ construction litigation claims, business litigation claims, and corresponding transactions, which claims often encompass a broad array of industries including commercial real estate developers, medical practices, construction companies, not-for-profit organizations, and the service industry.

Prior to joining the Firm, Matthew gained valuable experience as a tax lawyer in the Mergers and Acquisitions group of a preeminent global accounting/financial services firm in New York. His extensive background in public accounting, coupled with his experience as a tax lawyer, gives Matthew a unique perspective in the context of commercial litigation. With this perspective, Matthew is a very valuable asset for a client in the process of litigating business dissolutions, partnership disputes and fraud and business torts.

In addition to those business-related litigations, Matthew has proved to be the “go to” counsel of choice to spearhead complex labor law, lien law, breach of contract and related claims in the construction industry. Matthew regularly litigates claims in the public and private construction sector involving termination, non-payment, claims for extra work, acceleration or delay, as well as lien law foreclosure and surety rights.

Matthew has been selected for inclusion on the 2011 Super Lawyers Rising Stars list in the area of Business Litigation (no more than 2.5 percent of the lawyers in New York State are named to the list). Recently, one of Matthew’s success stories was featured in the nationally recognized New York Law Journal. In a complex commercial litigation, Matthew achieved an unprecedented ruling which expanded the Second Circuit’s stringent standard for unsealing criminal records for use in a civil litigation. Matthew defended his client against a multi-million dollar partnership dispute commenced in the Suffolk County Commercial Division. Having established that the claim was manifestly at odds with a position taken by the plaintiff to achieve leniency in a prior criminal sentencing, a United States District Court Judge for the Southern District of New York agreed with our position and granted our motion to unseal various documents from a decade-old criminal conviction to permit the criminal plea to serve as a foundation for judicial estoppel of plaintiff’s partnership claims. Ten days later, the Suffolk County Commercial Division summarily dismissed plaintiff’s claim in its entirety and permitted our client’s counterclaims to proceed.

In prosecuting or defending fraud actions for his clients, Matthew has a keen familiarity with accounting and tax concepts which allows him to dissect and spot issues often overlooked by his contemporaries. Matthew’s accounting and tax background also serves his clients in the advisory role as well. Matthew counsels the firm’s clients regarding business formation, choice of entity structure, tax implications, shareholder or partnership agreements, and succession planning. In addition, Matthew counsels the firm’s clients regarding real estate transactions, and all facets of business acquisitions, tax-free mergers, and dispositions.

After obtaining a Bachelor of Business Administration in Public Accounting, Matthew attended and graduated from the School of Law at Hofstra University and was the recipient of the Excellence in Commercial Law award. Matthew is licensed to practice in New York and is admitted to the United States District Courts for the Southern District and the Eastern District of New York.

Matthew is a member of the prestigious Alexander Hamilton American Inn of Court. This highly selective organization is an amalgam of select judges, attorneys, law professors and law students, and is the only legal organization in the United States dedicated to the enhancement of civility, ethics and legal excellence. The main objective is establishing a society of legal professionals who work together to promote excellence in all fields of law.

Matthew is a member of the Nassau and Suffolk County Bar Associations and the New York State Bar Association. Matthew has been published in the Suffolk County Bar Association’s periodical, The Suffolk Lawyer. Matthew is a member of the Subcontractors Trade Association and serves on the advisory committee of the New York/Long Island chapter of the American Fence Association. In addition, Matthew is an active member of the Chaminade Lawyers Alumni Association.

 

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