Barnes, John1

John Barnes graduated from Vanderbilt University in 1994 with a degree in political science and received his juris doctorate from South Texas College of Law in 1997, having interned with both the Harris County District Attorney’s Office and the Court of Appeals for the First District of Texas while completing his studies.  John tried his first matter before a jury within months of receiving his license. In the decades that have followed, John has successfully litigated hundreds of matters in courts throughout Texas and in federal court, as well as representing clients before numerous Texas state appellate courts, the United States Court of Appeals for the Fifth Circuit and the United States Supreme Court.

John has represented banks and other regional, national and international financial institutions in hundreds of matters involving depository operations, UCC sections 3, 4 and/or 4A, garnishment, lender liability claims, TCPA, FCRA claims, FDCPA claims, Texas Finance Code claims, and other alleged wrongful debt collection claims, as well as construction lending disputes. In addition to representing them in litigation, John has counseled and assisted financial institutions in various non-litigation matters, including, but not limited to, construction lending, vehicle and equipment leasing, single and multi-investor loan packages for both residential and commercial loans, and establishing floor plan financing programs.  John has authored several articles concerning the Dodd-Frank Act and actions taken thereunder by the Consumer Financial Protection Bureau, and he has given multiple presentations to lender clientele on the CFPB and on Texas debt collection law.  As a result, John has frequently been called upon to assist lenders in conducting internal due diligence and regulatory compliance audits, and to represent them before the CFPB, the FHFA, HUD, the FDIC, the SEC and other financial regulators.

John also serves the residential and commercial real estate industries, representing owners, developers, investors, brokers, tenants, landlords, property managers, businesses and homeowners with a wide range of issues, including title and boundary issues, conveyances, partitions, easements, eminent domain, 1031 exchanges, air and water rights, mineral interests and royalty disputes, tax and insurance issues, and residential and commercial leasing matters. John’s assistance has been sought for real estate matters of all sizes and complexities, from resolving boundary disputes over the placement of a fence on residential property, to condominiums, to industrial leasing transactions involving potential environmental clean-up liability, to mixed-use commercial development projects involving over $500 million in funding.

A related area of John’s practice is construction law, in which he has represented builders, contractors, subcontractors and sureties, as well as property owners and design and engineering professionals, in matters including, but not limited to, contractor and subcontractor agreements, mechanic’s liens, construction defects, building code, zoning and HOA restrictions, and construction of onshore and offshore pipelines and facilities.

John’s litigation experience also includes the successful representation of clients in other types of matters as varied as securities fraud and RICO claims, breaches of fiduciary duty, deceptive trade practices act, fraud, conversion and breach of contract claims.

John also routinely counsels and represents both for- and non-profit businesses on matters related to corporate governance and structure, employment, tax, regulatory compliance, anti-bribery and anti-corruption compliance, and a host of other issues.

John is a Fellow of Class XXXI of Leadership Houston, and previously served on its board of directors, where he completed terms as outside counsel,  treasurer, and secretary. John is also a member of the Rotary Club of West U, and currently serves its board.