Barry E. Fields, P.C.
Overview
Barry E. Fields is a retired partner in the Chicago office of Kirkland & Ellis LLP. Barry has an expansive record of successfully representing Fortune 500 companies and large professional services firms in complex, high profile cases across the United States. For the past 30 years, he has successfully resolved environmental, products liability, mass tort, discrimination, and commercial claims inside and outside the courtroom. Clients such as General Motors, BP, 3M, Dow Chemical, and Textron have trusted Barry to handle their challenging cases and always stay one step ahead of adversaries.
Barry’s trial docket reflects a unique agility with both science-related issues and complex commercial disputes. For example, he successfully represented BP in the litigation surrounding the Deepwater Horizon explosion and resulting oil spill. He also helped General Motors in the wide-ranging litigation over ignition switches, including obtaining dismissal midway through the first bellwether trial. Outside the courtroom, he has garnered many summary judgments for clients and has routinely helped clients achieve favorable settlements ahead of trial.
A graduate of the University of Chicago Law School, Barry clerked for the Honorable Boyce F. Martin, Jr., on the U.S. Court of Appeals for the Sixth Circuit. He earned a chemistry degree, summa cum laude, from Bellarmine University, where he now serves on the Board of Trustees and was the 2022 Alumnus of the Year. Barry is a member of the University of Chicago Board of Trustees, a member of the University of Chicago Medical Center Board of Trustees, former president of the Federal Bar Association (Chicago Chapter), former president of the Chicago Lawyers’ Committee for Civil Rights, and former president of the Chicago Appleseed Fund for Justice. His leadership in the legal community and commitment to civic service have been recognized with the Appleseed Spirit of Justice Award.
Experience
Representative Matters
Tort Litigation
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Trial counsel for 3M in multidistrict litigation (MDL 2855) with more than 200,000 claims alleging that earplugs caused various hearing-related injuries. (N.D. Fla.)
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Trial counsel for General Motors in multidistrict litigation (MDL 2543) with thousands of cases alleging that defective ignition switches caused deaths and injuries. In first bellwether case, obtained dismissal in the middle of trial. (S.D.N.Y)
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Trial counsel and advisor to BP on numerous challenges resulting from Deepwater Horizon explosion and oil spill. Favorably resolved case that determined volume of oil spilled into Gulf of Mexico. After bench trial, court ruled the volume was substantially less than claimed by federal government. (E.D. La.)
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Trial counsel for Dow Chemical in case brought by landowners claiming that a plant contaminated groundwater. After bench trial, court rejected plaintiffs’ $200+ million remediation proposal. (La. State Court)
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Lead counsel for Dow Corning/DCC Litigation Facility in successful defense against final four plaintiffs claiming that silicone breast implants caused various diseases. Obtained order barring plaintiffs’ experts under Daubert and granting summary judgment to client. The Sixth Circuit affirmed. (E. D. Mich.)
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Lead counsel for Textron in cases alleging that a former plant contaminated local groundwater and surface water. (N. D. Miss.)
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Successfully defended Motorola in cases alleging that radiofrequency radiation from cellular devices caused brain cancer. Obtained orders barring expert witnesses and granting summary judgment to client. (D. Md. and Ill. State Court)
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Successfully defended General Motors in cases claiming that vehicles’ seat belt systems were defective. Obtained dismissals in multiple cases. (Various jurisdictions)
Commercial Litigation
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Co-lead trial counsel for Theratech in a breach of contract action brought by a licensing consultant. Achieved jury verdict for client. (N. D. Ill.)
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Trial counsel for Andersen Consulting (n/k/a Accenture) in case regarding the design and installation of complex computer system. Obtained jury verdict in client’s favor. (W.D. Ark.)
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Lead counsel for General Motors in case alleging that defendants breached contracts and stole more than $80 million in metal from client. Obtained summary judgment in GM’s favor, which defendants did not appeal. Ill. State Court)
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Trial counsel for McDonald’s in case challenging refusal to grant new term franchises for several restaurants. Case settled favorably after opening statements. (Cal. State Court)
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Defended Aon in action alleging that its negligence and contract breach caused more than $300 million in damages when insurers refused to cover certain Hurricane Katrina-related losses at Northrop’s shipyards. Case settled favorably before trial. (Cal. State Court)
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Lead counsel for PricewaterhouseCoopers in a case alleging that firm negligently reviewed and audited a technology company’s financial statements. Parties reached a favorable mediated settlement shortly before trial. (Ill. State Court)
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Lead trial counsel for Brunswick in a breach of contract case brought by a former distributor. Jury rendered verdict in favor of the distributor, but court granted Brunswick a new trial. Case settled favorably before retrial. (N. D. Cal.)
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Trial counsel for UbiquiTel in a case challenging Sprint Nextel’s post-merger branding decisions in client’s service area. After bench trial and before court’s final decision, Sprint Nextel opted to purchase UbiquiTel. (Del. Ch.)
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Trial counsel for General Motors in an action for breach of a parts distribution contract. Case settled favorably before closing arguments. (Cal. State Court)
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Lead trial counsel for London’s Farm Dairy in a breach of contract case. After bench trial, court awarded plaintiff 1/4 of the damages requested. (N. D. Ill.)
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Successfully defended Tetra Laval in a breach of contract case brought by a large food processing company. Obtained summary judgment in Tetra Laval’s favor and Eighth Circuit affirmance. (D. Neb.)
Civil Rights Defense Litigation
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Lead counsel for Amoco (n/k/a BP Products North America) in a lawsuit claiming that the company used a racially discriminatory gasoline prepayment policy. Successfully defeated certification of a Fed. R. Civ. P. 23(b)(3) class and obtained summary judgment against the Rule 23(b)(2) class. (N. D. Ill.)
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Lead counsel for BP in a race discrimination case brought by a former distributor. Obtained summary judgment for BP; plaintiff did not appeal. (N. D. Ill.)
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Successfully defended the City of Chicago in a religious freedoms challenge to the multi-billion dollar expansion of O’Hare International Airport. Obtained dismissal of all claims against the city; the Seventh Circuit affirmed. (N. D. Ill.)
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Successfully defended General Motors in a case challenging the company’s affinity group program. Obtained dismissal and Seventh Circuit affirmance. (S. D. Ind.)
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Successfully defended BP in a $100 million case brought by a distributor claiming racial discrimination after losing a bid to purchase gasoline stations. Obtained summary judgment for BP, which the Fourth Circuit affirmed. (E. D. Va.)
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Successfully defended General Motors in a case brought by an individual claiming he was denied admission into a dealer development program because of his ethnicity or race. Obtained summary judgment for GM and Eleventh Circuit affirmance. (N. D. Fl.)
Clerk & Government Experience
Law ClerkHonorable Boyce F. Martin, Jr.United States Court of Appeals for the Sixth Circuit1991–1992
More
Recognition
Named Alumnus of the Year by Bellarmine University (2022)
Recognized as one of Chicago's Most Notable Minorities in Accounting, Consulting and Law by Crain's Chicago Business (2019)
Recognized as one of Chicago’s Notable Minority Lawyers by Crain’s Chicago Business (2018)
Appleseed Spirit of Justice Award (2016)
Designated a Distinguished Graduate by Bellarmine University (2015)
Named one of 40 Illinois Attorneys Under Forty to Watch by Law Bulletin Publishing Company (2004)
Memberships & Affiliations
Member, University of Chicago Board of Trustees
Member, University of Chicago Medical Center Board of Trustees
Member, Bellarmine University Board of Trustees
Lecturer in Law, University of Chicago Law School
Member, University of Chicago Law School Council
Member, University of Chicago Division of Biological Sciences and Pritzker School of Medicine Council
Former President, Federal Bar Association (Chicago Chapter)
Former Board Member and President, Chicago Appleseed Fund for Justice
Former Board Member and President, Chicago Lawyers’ Committee for Civil Rights
Chairperson, University of Chicago Law School’s 2004–2005 and 2014–2015 Annual Fund Campaigns
Credentials
Admissions & Qualifications
- 1991Illinois
Courts
- Supreme Court of Illinois
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Eighth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Northern District of Illinois, Trial Bar
- United States District Court for the Eastern District of Michigan
- United States District Court for the Central District of Illinois
Education
- University of Chicago Law SchoolJ.D.1991
- Bellarmine UniversityB.A., Chemistrysumma cum laude1988