Mr. Barkett is a graduate of the University of Notre Dame (B.A. Government, 1972, summa cum laude) and the Yale Law School (J.D. 1975) and served as a law clerk to the Honorable David W. Dyer on the old Fifth Circuit Court of Appeals. Mr. Barkett is an adjunct professor of law at the University of Miami School of Law. Mr. Barkett has been a member of the Advisory Committee for Civil Rules of the Federal Judicial Conference since 2012 and has served on the Discovery Subcommittee that developed the December 1, 2015 amendments to the rules, and the Rule 23 Subcommittee, and is now serving on the Rule 30(b)(6) and MDL subcommittees. He is now serving for the second time as a member of the American Bar Association Standing Committee on Ethics and Professional Responsibility. He is also a member of the American Law Institute. He is a fellow of the College of Commercial Arbitrators and of the American College of Civil Trial Mediators as well as the American College of Environmental Lawyers.
Mr. Barkett is a commercial (contract, corporate, and banking disputes, employment, trademark, and antitrust) and environmental lawyer (CERCLA, RCRA, and toxic tort) having handled scores of complex and simple litigation matters in Federal and state courts or before an arbitration tribunal.
Mr. Barkett is also a problem solver, serving as an arbitrator, mediator, facilitator, or allocator in a variety of commercial, environmental, and reinsurance contexts. He is a certified mediator under the rules of the Supreme Court of Florida and the Southern and Middle Districts of Florida and a member of the London Court of International Arbitration and the International Council for Commercial Arbitration, and serves on the AAA and ICDR roster of neutrals, and the CPR Institute for Dispute Resolution’s “Panel of Distinguished Neutrals.” He has served or is serving as a neutral in scores of matters involving in the aggregate more than $4 billion. He has conducted or is conducting commercial domestic and international arbitrations under AAA, LCIA, ICDR, UNCITRAL, and CPR rules and has conducted ad hoc arbitrations.
In November 2003, Mr. Barkett was appointed by the presiding judge to serve as the Special Master to oversee the implementation and enforcement of the 1992 Consent Decree between the United States and the State of Florida relating to the multi-billion dollar restoration of the Florida Everglades. He has also served as a Special Master for judges on the Southern District of Florida or the Miami-Dade County Circuit Court to address a wide variety of discovery and eDiscovery issues in complex litigation.
Mr. Barkett is a recipient of the Burton Award for Legal Achievement which honors lawyers for distinguished legal writing. Mr. Barkett has published two books, E-Discovery: Twenty Questions and Answers (Chicago: First Chair Press, 2008) and The Ethics of E-Discovery (Chicago: First Chair Press, 2009). Mr. Barkett has also prepared analyses of the Roberts Court the past nine years, in addition to a number of other articles on a variety of topics.
Mr. Barkett is also the author of Ethical Issues in Environmental Dispute Resolution, a chapter in the ABA publication, Environmental Dispute Resolution, An Anthology of Practical Experience (July 2002) and the editor and one of the authors of the ABA Section of Litigation’s Monograph, Ex Parte Contacts with Former Employees (Environmental Litigation Committee, October 2002).
Mr. Barkett is a former member of the Council of the ABA Section of Litigation. At the University of Miami Law School, Mr. Barkett teaches “E-Discovery,” and in the past has taught a course entitled, “Environmental Litigation.”
Mr. Barkett has been recognized in the areas of alternative dispute resolution or environmental law in a number of lawyer-recognition publications, including Who’s Who Legal (International Bar Association) (since 2005); Best Lawyers in America (National Law Journal) (since 2005); Legal Elite (since 2004), (Florida Trend), Florida Super Lawyers (since 2008), and Chambers USA America’s Leading Lawyers (since 2004).
The Ethics of Lawyers Needing Assistance, presented at the ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 1-3, 2019.
Short Hypotheticals for Federal Court Workshop at the Florida Bar Meeting, June 14, 2018.
Arbitration Ethics: A Sampler, Shook, Hardy & Bacon Update on the Law, Kansas City, MO, June 22, 2017, updated from a paper presented at the CPR Annual Meeting, Miami, March 3, 2017.
Work Product Protect for Draft Expert Reports and Attorney-Expert Communications, Environmental & Energy Litigation Committee, Section of Litigation, May 30, 2017.
Securing Law Firm Data: When the Advice Givers Need Advice, Shook Hardy & Bacon Private Seminar, May 2017, updating a paper presented at the ABA National Institute on E-Discovery, New York City, NY, May 15, 2015.
Do Arbitrators Have Sanctions Authority in Domestic Arbitrations?, Daily Business Review, November 17, 2016.
Class Action Reform, 31 N.R.E. 54, Fall 2016.
Antonin Scalia: A Retrospective, Shook, Hardy & Bacon Update on the Law, Kansas City, MO, June 23, 2016.
The First 100 Days (or so) of the 2015 Civil Rules Amendments, Bloomberg BNA Digital Discovery & Evidence Report, April 14, 2016.
Perspectives on the New York Convention Under the Laws of the United States, International Council For Commercial Arbitration 22nd Biennial Congress, Miami, FL, April 8, 2014 (co-authored with F. Cruz-Alvarez; M. Paulsson, and S. Pagliery).
New Rule 45, 28 N.R.E. 50, Spring 2014.
Evidence Rule 502: The Solution to the Privilege-Protection Puzzle in the Digital Era, 81 Fordham L. Rev. 1589, March 2013.
Neighborly RCRA Claims, 27 N.R.E. 48, Spring 2013.
ABA to Tackle Technology Issues in Model Rules at August Meeting, Law Technology News, June 25, 2012.
The 7th Circuit Pilot Project: What We Might Learn And Why It Matters to Every Litigant in America, ABA Section of Litigation News Online, December 11, 2011.
Skinner, Matrixx, Souter, and Posner: Iqbal and Twombly Revisited, 12 The Sedona Conference Journal 69, 2011 (Mr. Barkett received the Burton Award for Legal Achievement for this paper).
The Challenge of Electronic Communication, Privilege, Privacy, and Other Myths, 38 Litigation Journal 17, ABA Section of Litigation, Fall 2011.
Avoiding the Cost of International Commercial Arbitration: Is Mediation the Solution? in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers, Martinus Nijhoff, New York City, NY, 2011.
The Myth of Culture Clash in International Commercial Arbitration, 5 Florida International University Law Review 1, June 2010 (with Jan Paulsson).
Zubulake Revisited: Pension Committee and the Duty to Preserve, February 26, 2010.
Draft Reports and Attorney-Expert Communications, 24 N.R.E., Winter 2010.
Burlington Northern: The Super Quake and Its Aftershocks, 58 Chemical Waste Litig. Rep. 5, June 2009.
Orphan Shares, 23 NRE 46, Summer 2008.
Tipping The Scales of Justice: The Rise of ADR, 22 NRE 40, Spring 2008.
E-Discovery For Arbitrators, 1 Dispute Resolution International Journal 129, International Bar Association, Dec. 2007.
The Battle for Bytes: New Rule 26, e-Discovery, Section of Litigation, February 2006.
Forward to the Past: The Aftermath of Aviall, 20 N.R.E. 27, Winter 2006.
Bytes, Bits and Bucks: Cost-Shifting and Sanctions in E-Discovery, ABA Section of Litigation Annual Meeting and 71 Def. Couns. J. 334, 2004.
The CERCLA Limitations Puzzle, 19 N.R.E. 70, Fall, 2004.
If Terror Reigns, Will Torts Follow?, 9 Widener Law Symposium 485, 2003.
The U.S. Supreme Court Term 2019: A Review of Recent Decisions and Preview of the Upcoming 2019-2020 Term, Webinar, Shook, Hardy & Bacon, September 6, 2019 (with Ruth Anne French-Hodson and Bill Martucci).
The Roberts Court 2018-19: Avoiding the Limelight Following the Kavanaugh-Kennedy Trade, Webinar, ABA, August 8, 2019.
Look Both Ways Before You Cross: When Civil Procedure and Ethics Intersect, Update of the Law, Kansas City, Missouri, June 13, 2019.
The Allocators Speak on Allocation and Mediation, ABA Master Class on Complex Environmental Liability Resolution, Atlanta, Georgia, June 12, 2019.
Implications of Sharing the Attorney-Client Privilege: When and How It Should Be Done, Moderator, and Balancing a Lawyer's Cry For Help From Dependency or Depression with Ethical Obligations of Competence and Reporting, Panelist, ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 3, 2019.
Superfund Year-In-Review, Webinar, ABA Section of Environment, Energy and Resources, March 11, 2019.
Inside the Black Box: Search, Artificial Intelligence, and Ethics, ABA National Institute on E-Discovery, Chicago, Illinois, May 18, 2018.
Hot Topics that Every Young Litigator Should Know about the Attorney-Client Privilege and Work Product Doctrine, Webinar, ABA Section of Litigation, April 4, 2018.
The Roberts Court 2016-17: A Quiet Term, or the Calm Before the Storm?, Webinar, ABA, August 16, 2017.
Refresher Ethics: Cross Border Issues, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017.
The Future of the Attorney Client Privilege and Work Product Protection, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017 updated from ABA Litigation Section Annual Conference, San Francisco, May 5, 2017.
Lawyer Ethics: E-Communications, Social Media, and the Internet, ABA Eleventh Annual National Institute on E-Discovery, Chicago, IL, May 11, 2017 updated from DePaul University Law School, Clifford Law Offices Ethics webinar live-streamed to more than 4,000 registrants, Feb. 16, 2017.
Arbitration Ethics: The Duty of Candor, the Unauthorized Practice of Law, and Inadvertent Production of Privileged or Protected Documents, CPR Annual Meeting, Miami, FL, March 3, 2017.
The 2015 Civil Rules Amendments: One Year Later, Webinar, ABA Center for Professional Responsibility, December 15, 2016.
Refresher Civil Procedure: Cost-Shifting Under the Federal Rules, Georgetown Advanced E-Discovery Institute, Washington, D.C., November 10, 2016.
The Roberts Court 2015-16: An Untimely Death and Its Impacts, ABA Annual Meeting, San Francisco, CA, August 5, 2016.
Cheap Talk? Witness Payments and Conferring with Testifying Witnesses, Webinar, ABA, October 2015.
Ethics in ADR: A Sampling of Issues, Webinar, ABA, September 30, 2015.
The Roberts Court 2014-15: Individual Rights, Voting Rights, Fair Housing, and the Importance of (Con)Text, ABA Annual Meeting, Chicago, IL, July 31, 2015.
Securing Law Firm Data: When the Advice Givers Need Advice, ABA National Institute on E-Discovery, New York City, NY, May 15, 2015.
Arbitration: Hot Questions, Cool Answers, ABA Section of Litigation Annual Conference, New Orleans, LA, April 2015.
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications, ABA Section of Litigation Annual Conference, New Orleans, LA, April 2015.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, Webinar, ABA, October 2014, updating a presentation first made at the ABA Annual Meeting, Chicago, IL, 2009.
Ethics in ADR: A Sampling of Issues, Webinar, ABA, September 2014 updating an October 31, 2013 webinar for the Professional Education Broadcast Network.
The Roberts Court 2013-14: First Amendment, Equal Protection, Privacy, and More (or Less) Unanimity, ABA Annual Meeting, Boston, MA, August 7, 2014.
Chess Anyone? Selection of International Commercial Arbitration Tribunals, Miami-Dade County Bench and Bar Conference, February 8, 2013 updated for Shook, Hardy & Bacon Annual Update on the Law, June 25, 2014, Kansas City.
Refresher Ethics: Steering Clear of Witness Minefields, Webinar, Professional Education Broadcast Network, May 16, 2014 (with Green, Bruce; Sandler, Paul Mark).
The Roberts Court 2012-13, DOMA, Voting Rights, Affirmative Action, More Consensus, More Dissent, ABA Annual Meeting, San Francisco, CA, August 10, 2013.
Ethical Challenges on the Horizon: Confidentiality, Competence and Cloud Computing, ABA-CLE, July 24, 2012; updated, ABA Section of Litigation Annual Conference, Chicago, IL, April 25, 2013.
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications (forthcoming), ABA Section of Litigation Annual Conference, Chicago, IL, April 26, 2013.
Lawyer-Client Fallout: Using Privileged Information To Establish A Claim Against a Client/Employer (forthcoming), ABA Section of Litigation Annual Conference, Chicago, IL, April 25, 2013.
More on the Ethics of E-Discovery: Predictive Coding and Other Forms of Computer-Assisted Review, Duke Law School, Washington, D.C., April 19, 2013.
The Roberts Court 2011-12: The Affordable Care Act and More, ABA Annual Meeting, Chicago, IL, August 3, 2012.
E-Communications: Problems Posed by Privilege, Privacy, and Production, ABA National Institute on E-Discovery, New York City, NY, May 18, 2012.
The Roberts Court 2010-11: Three Women Justices!, ABA Annual Meeting, Toronto, Canada, August 2011.
The Ethics of Web 2.0, ACEDS Conference, Hollywood, FL, March 2011.
The Roberts Court: Year Four, Welcome Justice Sotomayor, ABA Annual Meeting, San Francisco, CA, August 2010.
Walking the Plank, Looking Over Your Shoulder, Fearing Sharks Are in the Water: E-Discovery in Federal Litigation?, Duke 2010 Conference, Civil Rules Advisory Committee, May 11, 2010.
From Canons to Cannon in A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics, American Bar Association, Chicago, IL, 2009.
The Robert’s Court: Three’s a Charm, ABA Annual Meeting, Chicago, IL, August 2009.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, ABA Annual Meeting, Chicago, IL, 2009.
Fool’s Gold: The Mining of Metadata, ABA’s Third Annual National Institute on E-Discovery, Chicago, IL, May 22, 2009.
More on the Ethics of E-Discovery, ABA’s Third Annual National Institute on E-Discovery, Chicago, IL, May 22, 2009.
Production of Electronically Stored Information in Arbitration: Sufficiency of the IBA Rules, in Electronic Disclosure in International Arbitration, JurisNet LLC, New York City, NY, September 2008.
The Robert’s Court: The Terrible Two’s or Childhood Bliss?, ABA Annual Meeting, New York City, NY, August 2008.
Tattletales or Crimestoppers: Disclosure Ethics Under Model Rules 1.6 and 1.13, ABA Annual Meeting, Atlanta, GA, August 7, 2004, and, in an updated version, ABA Tort and Insurance Practice Section Spring CLE Meeting, Phoenix, AZ, April 11, 2008.
The Roberts Court: Where It’s Been and Where It’s Going, ABA Annual Meeting, San Francisco, CA, August 2007.
Help Has Arrived…Sort Of: The New E-Discovery Rules, ABA Section of Litigation Annual Meeting, San Antonio, TX, 2007.
Refresher Ethics: Conflicts of Interest, ABA Section of Litigation Joint Environmental, Products Liability, and Mass Torts CLE program, January 2007.
Help Is On The Way…Sort of: How the Civil Rules Advisory Committee Hopes to Fill the E-Discovery Void, ABA Section of Litigation Annual Meeting, Los Angeles, CA, 2006.
The Prelitigation Duty to Preserve: Lookout!, ABA Annual Meeting, Chicago, IL, 2005.
The MJP Maze: Avoiding the Unauthorized Practice of Law, ABA Section of Litigation Annual Conference, 2005.