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Kevin Barker’s practice focuses on complex civil litigation and business transactions, with a special emphasis on real estate matters. He represents clients in litigation and transactions related to various types of commercial real estate assets, including office, retail, industrial, multifamily, mixed-use properties, and hotels. 

In addition to commercial real estate disputes, Mr. Barker’s litigation experience includes representing clients in corporate control fights, derivative shareholder lawsuits, fraud and tortious interference claims, conversion actions, fiduciary duty claims, contractual disputes, and trade secrets and intellectual property matters. He has earned numerous dismissals of claims at the initial pleadings and summary judgment stages of litigation in addition to securing judgments in his clients’ favor at trial, on appeal, and in private arbitration. He also has experience with public and private internal investigations, acting both as independent counsel to the government and as private counsel to businesses and individuals targeted by investigatory probes.

In his business practice, Mr. Barker counsels clients in connection with the purchase and sale of businesses, the formation of business organizations, and the negotiation, interpretation, and implementation of articles of incorporation, corporate bylaws, limited liability company (LLC) agreements, and partnership agreements. He also advises clients regarding corporate finance, business management and restructuring, and employee benefit plans, including employee stock ownership plans (ESOPs).

Outside of the legal practice, Mr. Barker is a member of a rapidly expanding digital publishing company that produces content focused on television and travel, acquires other digital publishers through leveraged buyouts, and to date reaches an audience of more than 10 million monthly consumers. This experience gives him a unique, first-hand understanding of the diverse challenges and issues confronting his business clients. He has also served as a lecturer on hotel transactions for the Hospitality and Tourism Law Program at American University Washington College of Law.

Prior to joining BBS&G, Mr. Barker served as a law clerk to the Honorable Robert G. James, then-Chief Judge of the United States District Court for the Western District of Louisiana. In law school, he was the editor in chief of the Administrative Law Review.

  • Representative Experience
    • Successfully defended owners of a healthcare company in a multi-week arbitration hearing who were being sued for ownership rights in the company, fraud, breaches of fiduciary duties, and corporate minority oppression.
    • Successfully argued an appeal to the Court of Special Appeals of Maryland that reversed a punitive damages award against an international distributor of tablet computers.
    • Won a jury trial, including an award of punitive damages, on behalf of property owner suing construction company for fraud.
    • Won summary judgment on all claims, including fraud, on behalf of a large commercial property owner in the District of Columbia.
    • Won summary judgment on all fraud claims on behalf of a commercial real estate developer in the District of Columbia.
    • Represented a purchaser related to the acquisition of commercial property valued at $4 million.
    • Negotiated a hotel management agreement on behalf of an owner with a third-party management company.
    • Negotiated a commercial lease with a U.S. government contractor on behalf of a property owner.
    • Drafted a 98-page investigative report concerning a highly publicized real estate dispute that was praised by an opinion of the Court of Appeals of Maryland for its “exceptional analysis” and was described by the client as “an extremely thorough, comprehensive review.”
  • Professional Affiliations
    • Bar Association of Montgomery County, Maryland, Diversity Committee, 2018 – present
    • Maryland State Bar Association, 2012 – present
    • District of Columbia Bar Association, 2012 – present
  • Books, Articles and Seminars
    • Lecturer on Hotel Transactions, Hospitality and Tourism Law Program, American University Washington College of Law.
    • Comment, Thank You for Regulating: Why Philip Morris’s Embrace of FDA Regulation Helps the Company but Harms the Agency, 61 Admin. L. Rev. 197 (2009).