People

Barry Goheen focuses on class actions and business litigation. A partner in our Contracts and Business Torts practice, Barry represents leading companies in a variety of matters encompassing all areas of the law.

As lead or co-counsel, Barry has represented large corporate clients in more than 50 proposed class actions, including antitrust; financial products and services; securities fraud; consumer protection; privacy and data breach; product liability; and commercial disputes. He also has experience in litigating and trying a broad array of business and commercial matters before federal and state courts. Barry frequently writes and speaks on issues concerning privacy and data breaches, as well as on class actions. He is also an adjunct professor at Emory Law School.

Barry is a 1994 graduate of the Vanderbilt University School of Law where he was a member of the Vanderbilt Law Review, served as the Executive Associate Justice of the Vanderbilt Moot Court Board, and was recognized in the 1993–94 edition of Who’s Who Among American Law Students.

Barry graduated from Vanderbilt University in 1989 with a B.A. in Communication Studies. At Vanderbilt, he was a member of the school’s varsity basketball team and was selected to the All-Southeastern Conference teams in 1988 and 1989 and was named honorable mention All-America in 1989. He was named to the academic All-SEC team in 1987, 1988, and 1989.

Full Bio

Credentials

B.A., Vanderbilt University

J.D., Vanderbilt University

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Western District of Wisconsin

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Georgia

Georgia

Tennessee

Tennessee Bar Association

American Bar Association, Litigation and Intellectual Property Sections

Chairman, Atlanta Tip-Off Club

News

In the News · Source: Bloomberg Law

March 23, 2017
Subway Pays $30.9M to Settle Class Unredacted Card Receipt Allegations

In the News · Source: Practical Law

April 3, 2015
Expert Q&A: Standing in Data Breach Class Actions

View all

Matters

Class Actions
Lead counsel in over 20 class actions against a consumer reporting agency alleging violations of the Fair Credit Reporting Act, including entering trial of FCRA class action in 2010 in federal court in Pennsylvania, and settling the case on favorable terms for the client after opening statements. Singletery v. Equifax Info. Servs., LLC, 540 Fed. Appx. 939 (11th Cir. 2013) (affirming summary judgment and denial of class certification); Soutter v. Equifax Info. Servs., LLC, 498 Fed. Appx. 260 (4th Cir. 2012) (reversing class certification); Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010), aff’g 588 F. Supp. 2d 1089 (N.D. Cal. 2008) (summary judgment in proposed class action); Jackson v. Equifax Info. Servs., No. 13-cv-2382 (N.D. Ga. Sept. 11, 2015) (granting summary judgment in proposed nationwide class action); Williams v. Citi Mortgage, Inc., 2014 WL 1406601 (W.D. Okla. Apr. 10, 2014) (granting motion to dismiss class allegations); Gardner v. Equifax Info. Services, 2007 WL 2261688 (D. Minn. Aug. 6, 2007) (denying class certification).

Lead or co-counsel in defense of over 40 proposed class actions brought by consumers of cigarette products, obtaining dismissal or denial of class certification in all but two cases. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (appeal of class action trial); Anderson v. R.J. Reynolds Tobacco Co., 112 Fed. Appx. 491 (6th Cir. 2004) (affirming dismissal of class action complaint); Perry v. American Tobacco Co., 324 F.3d 845 (6th Cir. 2003) (affirming dismissal of class action complaint); Insolia v. Philip Morris Inc., 186 F.R.D. 535 (W.D. Wis. 1998) (denying class certification).

Lead counsel in data breach class action arising from laptop theft exposing information of voters.

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Matters

Class Actions
Lead counsel in over 20 class actions against a consumer reporting agency alleging violations of the Fair Credit Reporting Act, including entering trial of FCRA class action in 2010 in federal court in Pennsylvania, and settling the case on favorable terms for the client after opening statements. Singletery v. Equifax Info. Servs., LLC, 540 Fed. Appx. 939 (11th Cir. 2013) (affirming summary judgment and denial of class certification); Soutter v. Equifax Info. Servs., LLC, 498 Fed. Appx. 260 (4th Cir. 2012) (reversing class certification); Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010), aff’g 588 F. Supp. 2d 1089 (N.D. Cal. 2008) (summary judgment in proposed class action); Jackson v. Equifax Info. Servs., No. 13-cv-2382 (N.D. Ga. Sept. 11, 2015) (granting summary judgment in proposed nationwide class action); Williams v. Citi Mortgage, Inc., 2014 WL 1406601 (W.D. Okla. Apr. 10, 2014) (granting motion to dismiss class allegations); Gardner v. Equifax Info. Services, 2007 WL 2261688 (D. Minn. Aug. 6, 2007) (denying class certification).

Lead or co-counsel in defense of over 40 proposed class actions brought by consumers of cigarette products, obtaining dismissal or denial of class certification in all but two cases. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (appeal of class action trial); Anderson v. R.J. Reynolds Tobacco Co., 112 Fed. Appx. 491 (6th Cir. 2004) (affirming dismissal of class action complaint); Perry v. American Tobacco Co., 324 F.3d 845 (6th Cir. 2003) (affirming dismissal of class action complaint); Insolia v. Philip Morris Inc., 186 F.R.D. 535 (W.D. Wis. 1998) (denying class certification).

Lead counsel in data breach class action arising from laptop theft exposing information of voters.

Lead counsel in defending against proposed consumer class actions brought in cases involving financial products and services for clients such as SunTrust, Fifth Third, Bank of America, Countrywide, Advance America and Harland Financial Solutions. Jones v. Bank of America Corp., 2013 WL 6198206 (M.D. Ga. Nov. 27, 2013) (granting motion to dismiss class complaint); Parker v. Midland Credit Mgmt., Inc., 874 F. Supp. 2d 1353 (M.D. Fla. 2012) (granting motion to dismiss class complaint); Schulte v. Fifth Third Bank, 2011 WL 3269340 (N.D. Ill. July 29, 2011) (approving class settlement); Rollins, Inc. v. Warren, 653 S.E.2d 794 (Ga. App. 2007) (decertifying class); Parker v. Brush Wellman, Inc., 377 F. Supp. 2d 1290 (N.D. Ga. 2005) (granting motion to dismiss class complaint); In re Motorsports Antitrust Litigation, 112 F. Supp. 2d 1329 (N.D. Ga. 2000) (approving class settlement).

Trials
Lead counsel in jury trial in case brought under Fair Credit Reporting Act, obtaining defense verdict (affirmed on appeal) in case where plaintiff sought $25 million. Morris v. Equifax Info. Services LLC, 289 Fed. Appx. 708 (5th Cir. 2008) (affirming defense verdict).

Lead counsel in the two-week bench trial of a RICO case asserted against one of the firm’s clients in federal court in Louisiana.

Lead counsel in the defense of a franchisor-franchisee dispute in the Southern District of Georgia, in which the jury returned a defense verdict that was affirmed by the Eleventh Circuit Court of Appeals. Coffee v. General Motors Acceptance Corp., 30 F. Supp. 2d 1376 (S.D. Ga. 1998) (granting partial summary judgment), 218 F.3d 746 (table) (11th Cir. 2000) (affirming jury’s defense verdict).

Co-counsel for plaintiffs in fraud and civil RICO case that obtained a $6 million verdict against defendants, with damages tripled to $18 million. Maiz v. Virani, 253 F.3d 641 (11th Cir. 2001) (affirming jury’s RICO verdict).

Other Representative Litigation
Litigator in a broad array of business and commercial matters for such clients as The Coca-Cola Company, Priority Payment Systems, Trustmark National Bank, Sprint Corporation, Xerox Corporation, GMAC, Home Depot, Equifax, Wal-Mart and Royal Oak Enterprises, Inc. including: Okocha Aclys Intern. v. Equifax, 438 Fed. Appx. 689 (10th Cir. 2011) (affirming dismissal in commercial dispute); Ex parte King, 59 So. 3d 21 (Ala. 2010) (granting writ of mandamus); Intera Corp. v. Henderson, 428 F.3d 605 (6th Cir. 2005) (affirming dismissal of complaint); Versa Products, Inc. v. Home Depot, USA, Inc., 387 F.3d 1325 (11th Cir. 2004) (dismissing plaintiffs' appeal); Priority Payment Sys., LLC v. SignaPay Ltd., 161 F.3d 1294 (N.D. Ga. 2016) (granting preliminary injunction in trade secret case); Novartis Animal Health US, Inc. v. Earle Palmer Brown, LLC, 424 F. Supp. 2d 1358 (N.D. Ga. 2006) (granting summary judgment in RICO case), aff’d, 2007 WL 906446 (11th Cir. 2007); PepsiCo, Inc. v. Coca-Cola Company, 114 F. Supp. 2d 243 (S.D.N.Y. 2000) (granting summary judgment), aff'd, 315 F.3d 101 (2d Cir. 2002).

News

In the News · Source: Bloomberg Law

March 23, 2017
Subway Pays $30.9M to Settle Class Unredacted Card Receipt Allegations

In the News · Source: Practical Law

April 3, 2015
Expert Q&A: Standing in Data Breach Class Actions

View all

Matters

Class Actions
Lead counsel in over 20 class actions against a consumer reporting agency alleging violations of the Fair Credit Reporting Act, including entering trial of FCRA class action in 2010 in federal court in Pennsylvania, and settling the case on favorable terms for the client after opening statements. Singletery v. Equifax Info. Servs., LLC, 540 Fed. Appx. 939 (11th Cir. 2013) (affirming summary judgment and denial of class certification); Soutter v. Equifax Info. Servs., LLC, 498 Fed. Appx. 260 (4th Cir. 2012) (reversing class certification); Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010), aff’g 588 F. Supp. 2d 1089 (N.D. Cal. 2008) (summary judgment in proposed class action); Jackson v. Equifax Info. Servs., No. 13-cv-2382 (N.D. Ga. Sept. 11, 2015) (granting summary judgment in proposed nationwide class action); Williams v. Citi Mortgage, Inc., 2014 WL 1406601 (W.D. Okla. Apr. 10, 2014) (granting motion to dismiss class allegations); Gardner v. Equifax Info. Services, 2007 WL 2261688 (D. Minn. Aug. 6, 2007) (denying class certification).

Lead or co-counsel in defense of over 40 proposed class actions brought by consumers of cigarette products, obtaining dismissal or denial of class certification in all but two cases. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (appeal of class action trial); Anderson v. R.J. Reynolds Tobacco Co., 112 Fed. Appx. 491 (6th Cir. 2004) (affirming dismissal of class action complaint); Perry v. American Tobacco Co., 324 F.3d 845 (6th Cir. 2003) (affirming dismissal of class action complaint); Insolia v. Philip Morris Inc., 186 F.R.D. 535 (W.D. Wis. 1998) (denying class certification).

Lead counsel in data breach class action arising from laptop theft exposing information of voters.

See more
Icon close

Close

Matters

Class Actions
Lead counsel in over 20 class actions against a consumer reporting agency alleging violations of the Fair Credit Reporting Act, including entering trial of FCRA class action in 2010 in federal court in Pennsylvania, and settling the case on favorable terms for the client after opening statements. Singletery v. Equifax Info. Servs., LLC, 540 Fed. Appx. 939 (11th Cir. 2013) (affirming summary judgment and denial of class certification); Soutter v. Equifax Info. Servs., LLC, 498 Fed. Appx. 260 (4th Cir. 2012) (reversing class certification); Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010), aff’g 588 F. Supp. 2d 1089 (N.D. Cal. 2008) (summary judgment in proposed class action); Jackson v. Equifax Info. Servs., No. 13-cv-2382 (N.D. Ga. Sept. 11, 2015) (granting summary judgment in proposed nationwide class action); Williams v. Citi Mortgage, Inc., 2014 WL 1406601 (W.D. Okla. Apr. 10, 2014) (granting motion to dismiss class allegations); Gardner v. Equifax Info. Services, 2007 WL 2261688 (D. Minn. Aug. 6, 2007) (denying class certification).

Lead or co-counsel in defense of over 40 proposed class actions brought by consumers of cigarette products, obtaining dismissal or denial of class certification in all but two cases. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (appeal of class action trial); Anderson v. R.J. Reynolds Tobacco Co., 112 Fed. Appx. 491 (6th Cir. 2004) (affirming dismissal of class action complaint); Perry v. American Tobacco Co., 324 F.3d 845 (6th Cir. 2003) (affirming dismissal of class action complaint); Insolia v. Philip Morris Inc., 186 F.R.D. 535 (W.D. Wis. 1998) (denying class certification).

Lead counsel in data breach class action arising from laptop theft exposing information of voters.

Lead counsel in defending against proposed consumer class actions brought in cases involving financial products and services for clients such as SunTrust, Fifth Third, Bank of America, Countrywide, Advance America and Harland Financial Solutions. Jones v. Bank of America Corp., 2013 WL 6198206 (M.D. Ga. Nov. 27, 2013) (granting motion to dismiss class complaint); Parker v. Midland Credit Mgmt., Inc., 874 F. Supp. 2d 1353 (M.D. Fla. 2012) (granting motion to dismiss class complaint); Schulte v. Fifth Third Bank, 2011 WL 3269340 (N.D. Ill. July 29, 2011) (approving class settlement); Rollins, Inc. v. Warren, 653 S.E.2d 794 (Ga. App. 2007) (decertifying class); Parker v. Brush Wellman, Inc., 377 F. Supp. 2d 1290 (N.D. Ga. 2005) (granting motion to dismiss class complaint); In re Motorsports Antitrust Litigation, 112 F. Supp. 2d 1329 (N.D. Ga. 2000) (approving class settlement).

Trials
Lead counsel in jury trial in case brought under Fair Credit Reporting Act, obtaining defense verdict (affirmed on appeal) in case where plaintiff sought $25 million. Morris v. Equifax Info. Services LLC, 289 Fed. Appx. 708 (5th Cir. 2008) (affirming defense verdict).

Lead counsel in the two-week bench trial of a RICO case asserted against one of the firm’s clients in federal court in Louisiana.

Lead counsel in the defense of a franchisor-franchisee dispute in the Southern District of Georgia, in which the jury returned a defense verdict that was affirmed by the Eleventh Circuit Court of Appeals. Coffee v. General Motors Acceptance Corp., 30 F. Supp. 2d 1376 (S.D. Ga. 1998) (granting partial summary judgment), 218 F.3d 746 (table) (11th Cir. 2000) (affirming jury’s defense verdict).

Co-counsel for plaintiffs in fraud and civil RICO case that obtained a $6 million verdict against defendants, with damages tripled to $18 million. Maiz v. Virani, 253 F.3d 641 (11th Cir. 2001) (affirming jury’s RICO verdict).

Other Representative Litigation
Litigator in a broad array of business and commercial matters for such clients as The Coca-Cola Company, Priority Payment Systems, Trustmark National Bank, Sprint Corporation, Xerox Corporation, GMAC, Home Depot, Equifax, Wal-Mart and Royal Oak Enterprises, Inc. including: Okocha Aclys Intern. v. Equifax, 438 Fed. Appx. 689 (10th Cir. 2011) (affirming dismissal in commercial dispute); Ex parte King, 59 So. 3d 21 (Ala. 2010) (granting writ of mandamus); Intera Corp. v. Henderson, 428 F.3d 605 (6th Cir. 2005) (affirming dismissal of complaint); Versa Products, Inc. v. Home Depot, USA, Inc., 387 F.3d 1325 (11th Cir. 2004) (dismissing plaintiffs' appeal); Priority Payment Sys., LLC v. SignaPay Ltd., 161 F.3d 1294 (N.D. Ga. 2016) (granting preliminary injunction in trade secret case); Novartis Animal Health US, Inc. v. Earle Palmer Brown, LLC, 424 F. Supp. 2d 1358 (N.D. Ga. 2006) (granting summary judgment in RICO case), aff’d, 2007 WL 906446 (11th Cir. 2007); PepsiCo, Inc. v. Coca-Cola Company, 114 F. Supp. 2d 243 (S.D.N.Y. 2000) (granting summary judgment), aff'd, 315 F.3d 101 (2d Cir. 2002).

News

In the News · Source: Bloomberg Law

March 23, 2017
Subway Pays $30.9M to Settle Class Unredacted Card Receipt Allegations

In the News · Source: Practical Law

April 3, 2015
Expert Q&A: Standing in Data Breach Class Actions

View all

Credentials

B.A., Vanderbilt University

J.D., Vanderbilt University

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Western District of Wisconsin

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Georgia

Georgia

Tennessee

Tennessee Bar Association

American Bar Association, Litigation and Intellectual Property Sections

Chairman, Atlanta Tip-Off Club