Barry Buchman specializes in complex civil litigation and dispute resolution, focusing primarily on the representation of policyholders in insurance coverage disputes. He handles a variety of complex civil matters, including disputes over insurance coverage for asbestos, lead paint, benzene, and other toxic tort claims, disputes over Directors and Officers coverage and Errors and Omissions coverage, and disputes over coverage for “first party” losses, such as credit and residual value losses on leased and financed assets. He has litigated cases both in federal and state trial and appellate courts, and in the context of private arbitration. In addition to his insurance coverage practice, Mr. Buchman also represents companies in complex commercial disputes, such as those involving allegations of unfair trade practices. He regularly publishes and speaks on insurance coverage issues, and he has been quoted in leading insurance publications such as Business Insurance.

Representative Experience

Mr. Buchman has represented companies of all sizes, from Fortune 500 companies to small businesses. He has had significant experience representing companies in the automotive industry in particular, including one of the nation’s largest leasing and finance companies, an auto parts manufacturer, and a company that provides technology solutions to auto dealers. His clients have included Pfizer Inc; JM Family Enterprises, Inc.; Millennium Chemicals, Inc.; and Texaco Inc.

Mr. Buchman’s representative engagements include the following:

• Representing a Fortune 100 company in massive litigation, against nearly sixty insurance companies, over coverage for hundreds of thousands of underlying asbestos and silica bodily injury claims. The case, in which hundreds of millions of dollars in coverage were at stake, included a several-month trial that resulted in numerous favorable rulings for the client.
• Representing one of the nation’s largest automotive companies in a residual value insurance case, which involved pursuing coverage for nine-figure losses on a portfolio of several hundred-thousand leased vehicles. The case culminated in a five-week arbitration hearing, and resulted in a nine-figure settlement just before the end of trial—one of the largest known settlements of its kind.
• Representing an automotive industry company in pursuing Errors and Omissions coverage for a class action relating to the collection of deficiency balances on auto loans. The matter settled without having to initiate coverage litigation, after the client’s insurer agreed to fund the vast majority of the underlying class action settlement.
• Representing a large company in pursuing Directors and Officers coverage for securities class actions arising from an Initial Public Offering. The matter resolved successfully when the client’s insurers agreed to fund the vast majority of a global settlement of the underlying securities litigation.
• Representing a post-bankruptcy successor trust in ongoing litigation over coverage for asbestos bodily injury claims that arise out of the use of certain automotive brake and friction products.
• Representing a chemical company in pursuing coverage for lawsuits arising out of the historical use of lead pigment and lead-based paint. These claims included so-called “public nuisance” lawsuits brought by states and other governmental entities, which sought funding for the costs of removing lead-based paint from properties throughout the jurisdiction, and funding for medical monitoring programs for residents of the jurisdiction. The coverage case resulted in numerous favorable rulings for the client.
• Representing an automotive industry company in pursuing breach of contract, unfair trade practices, and other claims against a company that attempted to interfere with the client’s ability to provide technology solutions to auto dealers. The case settled on favorable terms without the need for extended litigation.

Professional Background

From May 1997 through January 2001, Mr. Buchman was an associate at Chaikin & Sherman, P.C., in Washington, DC. In February 2001, he joined Gilbert LLP, where he practiced for almost six years, first as an associate and later as a partner. He joined Dickstein Shapiro in December 2006, and returned to Gilbert LLP in August 2009.

Pro Bono Activities

Mr. Buchman maintains an active pro bono practice. He is a member of the Board of Directors of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and he has served as co-chair of the pro bono committee at Gilbert LLP. He also has handled various pro bono cases, including the following:

• Representing a family of deaf individuals in pursuing federal civil rights claims against the operators of a hospital, based on allegations that the hospital failed to provide qualified sign language interpreter services during hospitalizations of certain of the family members.
• Representing a not-for-profit organization in pursuing federal civil rights claims against a developer of multifamily housing complexes; the matter involved allegations that the developer violated the Fair Housing Act and the Americans with Disabilities Act by failing to make its apartment complexes sufficiently accessible to disabled residents.
• Representing a terminally ill cancer patient in a collections suit brought by her doctor.

• Clearing the Air: Why the 'Absolute' Pollution Exclusion Should Not Bar Coverage for Chinese Drywall Claims, HarrisMartin's Chinese Drywall Litigation Report, December 22, 2009
• Insurance Official's Remarks Premature?, Sarasota Herald Tribune, November 9, 2009
• Legal, Insurance and other Strategic Considerations: Chinese Drywall, Florida HomeBuilder, July 17, 2009
• Putting the Brakes on Losses: Insurance Coverage for Auto Finance Companies Facing Stormy Market Conditions, ABA’s Professionals’, Officers’ and Directors’ Liability Committee News, Spring 2009
• Benzene-related Litigation’s Increasing Impact on the Paint and Coatings Industry: Is Your Company Covered?, Coatings Today, April 15, 2009
• Insurance Coverage for Lawsuits Seeking Funding for Medical Monitoring Programs, International Consumer Product Health and Safety Organization Newsletter, Spring 2008
• Dig Deep to Win Pollution Claims Fights, Business Insurance, February 18, 2008
• Recent Decision Rejecting Coverage for Benzene Defendant Has Limited Application, Litigation Watch: Benzene, December 1, 2007
• Clearing the Air: Rebuffing Insurance Company Efforts to Extend the Scope of the Pollution Exclusion to Benzene-Related Product Liability Claims, Mealey’s Litigation Report: Benzene, June 1, 2007

• HB Teleconference, The Hot Buttons in Asbestos Insurance Litigation, June 23, 2010
• Chinese Drywall Litigation and Coverage Conference, On the Rise - Coverage Cases and the Claims Asserted, May 18, 2010
• Chinese Drywall Insurance Conference, The Financial Impact of Drywall-Related Losses –– Insurance and other Strategic Considerations, October 22, 2009
• Florida Home Builders Association Southeast Building Conference, Chinese Drywall Update: Minimizing The Financial Impact of The Problem, July 30, 2009
• HB Benzene Litigation Conference, Corporate and Insurance Perspectives: Minimizing the Financial Impact of Benzene Litigation, July 24, 2009
• National Paint & Coatings Association Meeting, Benzene Litigation and Other Noteworthy Insurance Coverage Trends, October 8, 2008
• Mealey’s Benzene Litigation Conference, Important Insurance Considerations for Litigants in Benzene Cases And Their Attorneys, July 28, 2008
• Mealey’s Benzene Teleconference, Insurance Updates and other Coverage Issues in Benzene Litigation, May 8, 2008
• Mealey’s Teleconference, Insurance Coverage for Product Recalls – Business Interruption, Recall Exposures and Insurance Coverage, February 7, 2008
• National Paint & Coatings Association Meeting, Benzene Insurance Coverage Update, October 18, 2007
• Mealey’s Benzene Litigation Conference, Proactive Resolution of Cases, June 5, 2007
• PACE 2007 Paint and Coatings Expo, Insurance Coverage for Lead Paint Claims, February 12, 2007

• Insurers Fighting Claims Over Chinese Drywall, Business Insurance, November 1, 2009
• Gilbert LLP Welcomes Barry Buchman Back to Firm as Partner, September 23, 2009