Attorney And Partner | Banking, Financial Institutions, Commercial Law, Banking Litigation, Ucc
CurrentBarkley has deep experience in payment systems law and secured lending under the UCC. He is a well-known author or co-author of treatises entitled The Law of Bank Deposits, Collections and Credit Cards, Compliance Guide to Payment Systems, The Law of Secured Transactions under the UCC, The Law of Product Warranties, Truth in Savings, Regulation CC, Clarks’ Guide to Electronic Check Collection, and Clarks' Oil and Gas Financing under the UCC. He co-edits, with his wife Barbara, two monthly newsletters, Clarks' Secured Transactions Monthly and Clarks' Bank Deposits and Payments Monthly. These treatises and newsletters are used by attorneys and financial institutions around the country and have been cited by many federal and state appellate courts. Experience:UCC Litigation Consulting: Provides consulting services to a wide range of clients involved in litigation under the Uniform Commercial Code and federal law, particularly check fraud, payment systems "Know Your Customer" litigation, letters of credit, secured transactions, warranty claims in the sale of goods, check fraud cases, and bankruptcy lien avoidance litigation. Expert Witness Engagements: Has served as an expert witness in a wide variety of commercial law cases, including "corporate account takeover" litigation, negotiable instruments, letters of credit, UCC midnight deadline/kiting disputes, wire transfer cases, check fraud and usury cases. Arbitration: Served as an arbitrator in large commercial disputes involving UCC issues, and appeared before arbitrators as an expert witness. Consumer Credit: Barkley represented the auto finance industry in appellate litigation around the country concerning the issue of whether "negative equity" in a trade-in vehicle is protected from cramdown under the Bankruptcy Code. The industry prevailed in eight federal circuit courts of appeal on this issue.
