Ben A. Barnes

Partner Litigation

Dallas +1 214 972 1748

Ben A. Barnes

Overview

Ben is a litigation partner in the Dallas office. His practice encompasses a broad range of complex business litigation, and he has represented a diverse group of clients ranging from large public companies to prominent entrepreneurs. Ben has experience resolving a wide variety of corporate governance, antitrust, real estate, energy, trade secrets, and other complex disputes. In addition, he maintains an active restructuring litigation practice. Ben has appeared on behalf of post-confirmation trustees, creditors’ committees, and debtors in a number of contested matters and adversary proceedings, including in cases involving alleged breaches of fiduciary duty, fraudulent transfers, and major preferential transfers.

Ben's superior trial work has earned him recognition from both legal media and his peers. Texas Super Lawyer has named Ben a "Rising Star" since 2018, and D Magazine listed him among the best lawyers in Dallas under 40. His peers have also selected him for leadership roles in several prominent bar organizations. Ben currently serves on the boards of the Federal Bar Association Younger Lawyers Division and the American Bar Association Business Torts Litigation Committee. Ben is an active alumnus of the Washington University in St. Louis School of Law, where he serves on the Board of Advisors.

Before entering private practice, Ben clerked for the Honorable Raymond W. Gruender of the United States Court of Appeals for the Eighth Circuit. He has served as an officer in the United States Marine Corps Reserve since 2010.

Since joining Kirkland, Ben has been involved in the following matters:

  • Extraction Oil & Gas, Inc. — Trial counsel for Extraction Oil & Gas, Inc. and its affiliates in their Chapter 11 restructuring and related adversary proceedings before the Chief Bankruptcy Judge for the District of Delaware. Following extensive discovery, briefing and multi-day trials against multiple counterparties, prevailed in rejecting numerous midstream contracts by establishing that they did not contain real covenants and that rejection was a reasonable exercise of Extraction’s business judgment. Also achieved favorable finding in novel argument that contracts could be rejected even if they had contained real covenants. Courtroom victories ensured multi-million dollar savings to the company.

Prior to joining Kirkland, Ben was involved in the following matters:

  • Represented post-confirmation trustee in corporate governance litigation against marine fuel logistics company's former directors and officers.
  • Represented post-confirmation trustee in corporate governance litigation against electronic manufacturing company's former directors and officers.
  • Represented post-confirmation trustee in corporate governance and fraudulent transfer litigation against insurance services outsourcer's former directors and officers.
  • Represented major unsecured creditor in successful contest of investment advisor's proposed plan of reorganization.
  • Secured full dismissal of legal malpractice claims brought against major international law firm by Chapter 11 trustee.
  • Successful defense of mortgage servicer against claims of wrongful foreclosure and violations of the fair credit reporting act.
  • Obtained temporary restraining order and favorable settlement on behalf of midstream energy company in civil theft lawsuit.
  • Obtained temporary restraining order and preliminary injunction on behalf of utility service provider in civil theft and conversion lawsuit.

Judicial ClerkHonorable Raymond W. GruenderUnited States Court of Appeals for the Eighth Circuit2012–2013

MajorUnited States Marine Corps Reserve2010–Present

Lynn Pinker Cox & Hurst, LLP

More

Thought Leadership

Publications

Author, “How to Prepare Your Cross-Examination,” American Bar Association Section of Litigation, Young Advocates Committee, August 2019

Author, “A Primer on Unlawful Dividend Claims,” American Bankruptcy Institute, Commercial Fraud Committee, August 2019

Author, “Do Fiduciaries of Fiduciaries Owe Duties?” American Bar Association, Section of Litigation, Business Torts Committee, March 2019

Speaking Engagements

Speaker, “Bankruptcy Tips for the Non-Bankruptcy Practitioner,” Dallas Bar Association 2021 Bankruptcy Program Series, October 2021

Speaker, “Effectively Using Experts Early in Business Litigation,” American Bar Association, Section of Litigation, Business Torts and Unfair Competition Committee, May 2021 

Speaker, “Preparing Your Cross-Examination,” Dallas Bar Association, June 2019

Speaker, “It's Your Deposition: Practical Tips for Commanding the Room and Protecting Your Record,” Federal Bar Association Rising Professionals Symposium, February 2019

Recognition

Rising Star, Texas Super Lawyer, 2018–2021

Best Lawyers in Dallas Under 40, D Magazine

Memberships & Affiliations

Board of Advisors, Washington University in St. Louis, School of Law 

Program Chair, American Bar Association, Section of Litigation, Business Torts Committee

Communications Chair, American Bankruptcy Institute, Commercial Fraud Committee

5th Circuit Representative, Federal Bar Association, Younger Lawyers Division

Credentials

Admissions & Qualifications

  • 2014Texas
  • 2012Colorado

Courts

  • United States Court of Appeals for the Second Circuit
  • United States District Court for the District of Colorado
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas

Education

  • Washington University in St. Louis, School of LawJ.D.magna cum laude2012

    Articles Editor, Washington University Law Review

    Order of the Coif

    Order of Barristers

  • New York UniversityB.M., Music Business2009