William P Barnette (Will)

• Representing national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.)
• Representing national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.)
• Won reversal of order finding violation of federal labor law, Home Depot USA, Inc. v. NLRB, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*
• Won three ERISA class actions alleging breaches of fiduciary duty in management of 401(k) plan, Cano v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25); Pizarro v. Home Depot USA, Inc., 111 F.4th 1165 (11th Cir. 2024); Lanfear v. Home Depot USA, Inc., 679 F.3d 1267 (11th Cir. 2012)*
• Successfully litigated to favorable resolution of massive data breach/privacy class actions, In re: The Home Depot Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga. 2014)*
• Successfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials, In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La. 2012)*
• Won series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber, e.g., Kitzes v. Home Depot USA, Inc., 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*
• Won series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers, e.g., Mathews v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25); Berger v. Home Depot, 741 F.3d 1061 (9th Cir. 2014); Chochorowski v. Home Depot USA, Inc., 404 S.W. 3d 220 (Mo. 2013); Rickher v. Home Depot USA, Inc., 535 F.3d 661 (7th Cir. 2008); O’Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006)*
• Won series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services, e.g., Marino v. Home Depot USA, Inc., 245 F.R.D. 729 (S.D. Fla. 2007)*
• Won series of three class actions alleging product defects in sale of dryer vents, e.g., Goldstein v. Home Depot USA, Inc., 609 F. Supp. 2d 1340 (N.D. Ga. 2009) *
• Won series of three class actions challenging permitting and licensing practices, e.g., Varnes v. Home Depot USA, Inc., 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15); Willard v. Home Depot, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*
• Defense trial team member in state-wide class action seeking medical monitoring and smoking cessation, Scott v. Am. Tobacco Co., 725 So. 2d 10 (La. 4th Cir. 1998)
• Won dismissal of securities fraud class action and affirmance on appeal, Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008)*
• Won series of individual smoking and health jury trials, e.g., Eiser v. Brown & Williamson Tobacco Corp., 2005 Phila. Ct. Common Pleas Lexis 43 (2005)

Recovery

• Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., MDL No. 1720 (E.D. N.Y. 2010)*
• Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall, In re: Domestic Drywall Antitrust Litig., MDL No. 2437 (E.D. Pa. 2013)*
• Successfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board, In re: OSB Litig., No. 06-826 (E.D. Pa. 2007)*
• Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam, In re: Polyurethane Foam Antitrust Litig., MDL No. 2196 (N.D. Ohio 2010)*
• Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services, In re: Puerto Rican Cabotage Antitrust Liig., MDL No. 1960 (D. P.R. 2008)*

Appeals

• Drafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068
• Argued jurisdictional appeal under the Class Action Fairness Act, Home Depot v. Jackson, 139 S.Ct. 1743 (2019)*
• Argued and won insurance policy and assignment of rights dispute, Woodfield v. Bowman, 193 F.3d 354 (5th Cir. 1999)
• Managed successful appeal vacating striking of expert testimony, Home Depot USA, Inc. v. Lafarge N. Am., Inc., 59 F.4th 55 (3d Cir. 2023)*
• Managed successful appeals which twice vacated excessive class counsel fee awards, In re: Home Depot, Inc., Customer Data Sec. Breach Litig., 931 F.3d 1065 (11th Cir. 2019), on remand, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*
• Managed successful appeal vacating unfavorable class settlement and overly broad release, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., 827 F.3d 223 (2d Cir. 2016)*
• Managed successful jurisdictional appeal under the Class Action Fairness Act, Frederico v. Home Depot USA, Inc., 507 F.3d 188 (3d Cir. 2007)*
• Managed successful jurisdictional appeal under the Class Action Fairness Act, Rickher v. Home Depot USA, Inc., 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*
• Managed drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases, Transunion v. Ramirez, 141 S.Ct. 2190 (2021); Facebook v. Duguid, 141 S.Ct. 813 (2020); United States PTO v. Booking.com BV, 591 U.S, 549 (2020)*

Investigations

• Successfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act
• *Representation while in-house counsel

Will Barnette is a partner in the Atlanta office of King & Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations. 

Prior to rejoining King & Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as "an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives."

A recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025. 

Will chaired the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee and is a member of the American Law Institute.