Bartholomew L. McLeay

(402) 231-8775
Partner
(402) 346-1148 Fax
Bart.McLeay@KutakRock.com

Mr. McLeay is member of the Litigation Department and has broad trial and litigation management experience. He served as Litigation Department Chair for over seven years, responsible for managing attorneys and section leaders in multiple litigation groups across the firm and for coordinating the firm’s national litigation practice of approximately 140 attorneys.

Mr. McLeay’s practice for over three decades has focused on major commercial litigation, including breach of contract, class action, business torts and intellectual property matters and specialty experience in many different industries, including energy, financial services, construction and agribusiness.

Mr. McLeay has been involved in numerous bench and jury trials, serving as lead trial counsel and appellate counsel, including: in a three-week jury trial resulting in a favorable $23 .7 million judgment for a large financial institution; two-week jury trial resulting in defense verdict on $10 million conversion and intellectual property counterclaim; three-week trial resulting in $3.2 million judgment in complex energy-public finance case; two-week jury trial resulting in approximately $2 million judgment (jury verdict plus fees) in a trademark dispute; $7 million successful arbitration defense in fraud case involving financial institution; six week jury trial involving defective goods purchased from China resulting in nearly $1.2 million jury verdict; one-week jury trial resulting in approximately $1.6 million jury verdict for client in consumer protection act and unjust enrichment case; one week trial in state court for international bank successfully enforcing $7.5 million letter of credit; and one week trial resulting in court’s enforcement of a $2.1 million prepayment clause in a commercial real estate matter.

Mr. McLeay also brought a successful action on behalf of a firm client against federal government agencies for violation of the Administrative Procedures Act in connection with designating boundaries of the Niobrara National Scenic River. Mr. McLeay also served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other States relating to the Republican River.

Mr. McLeay received his B.S.B.A., with distinction, from the University of Arizona in 1981 and law degree from the University of Virginia School of Law in 1984 where he was a member of the Virginia Tax Review. He served as a law clerk to the Honorable Albert G. Schatz, United States District Court for the District of Nebraska and to the Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, before joining the firm. Mr. McLeay is admitted to practice in the United States Supreme Court, the District of Columbia, the Nebraska Supreme Court and several federal courts of appeal and district court.

Mr. McLeay is rated “AV” by Martindale-Hubbell, has presented at numerous trial seminars and was described by Chambers USA, America’s Leading Lawyers for Business, as a “well prepared” trial lawyer with “lots of experience and good judgment.” Mr. McLeay has been regularly selected for honors in litigation publications including Corporate Counsel Super Lawyers®; Benchmark: The Definitive Guide to America’s Leading Litigation Firms and Attorneys; and Best Lawyers®.

Mr. McLeay is member of the Litigation Department and has broad trial and litigation management experience. He served as Litigation Department Chair for over seven years, responsible for managing attorneys and section leaders in multiple litigation groups across the firm and for coordinating the firm’s national litigation practice of approximately 140 attorneys. His practice over nearly three decades has focused on major commercial litigation in multiple industries.

Mr. McLeay has been involved in numerous bench and jury trials including lead trial counsel: in a three-week jury trial resulting in a favorable $23 .7 million judgment for a large financial institution; two-week jury trial resulting in defense verdict on $10 million conversion and intellectual property counterclaim; three-week trial resulting in $3.2 million judgment in complex energy- public finance case; two-week jury trial resulting in approximately $2 million judgment (jury verdict plus fees) in a trademark dispute; $7 million successful arbitration defense in fraud case involving financial institution; six week jury trial involving defective goods purchased from China resulting in nearly $1.2 million jury verdict; one-week jury trial resulting in approximately $1.6 million jury verdict for client in consumer protection act and unjust enrichment case; one week trial in state court for international bank successfully enforcing $7.5 million letter of credit; and one week trial resulting in court’s enforcement of a $2.1 million prepayment clause in a commercial real estate matter.

Mr. McLeay also brought a successful action on behalf of a firm client against federal government agencies for violation of the Administrative Procedures Act in connection with designating boundaries of the Niobrara National Scenic River. Mr. McLeay also served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other States relating to the Republican River.

Mr. McLeay was a Republican candidate for U.S. Senate in 2014 and received an NRA –PVF grade of AQ (given to a pro-gun candidate based on answers to NRA-PVF Candidate Questionnaire). Mr. McLeay has published an op-ed in support of gun owners, The Des Moines Register, "Another View: Grassley has power to reach gun law deal” (April 30, 2013). Mr. McLeay became an occasional hunter late in life and is a current member of the National Rifle Association.

Mr. McLeay is member of the Litigation Department and has broad trial and litigation management experience. He served as Litigation Department Chair for over seven years, responsible for managing attorneys and section leaders in multiple litigation groups across the firm and for coordinating the firm’s national litigation practice of approximately 140 attorneys.

Mr. McLeay’s practice over nearly three decades has focused on major commercial litigation, including breach of contract, class action, business torts and intellectual property matters and specialty experience in many different industries, including energy, financial services, construction and agribusiness.

Mr. McLeay has been involved in numerous bench and jury trials including lead trial counsel: in a three-week jury trial resulting in a favorable $23 .7 million judgment for a large financial institution; two-week jury trial resulting in defense verdict on $10 million conversion and intellectual property counterclaim; three-week trial resulting in $3.2 million judgment in complex energy- public finance case; two-week jury trial resulting in approximately $2 million judgment (jury verdict plus fees) in a trademark dispute; $7 million successful arbitration defense in fraud case involving financial institution; six week jury trial involving defective goods purchased from China resulting in nearly $1.2 million jury verdict; one-week jury trial resulting in approximately $1.6 million jury verdict for client in consumer protection act and unjust enrichment case; one week trial in state court for international bank successfully enforcing $7.5 million letter of credit; and one week trial resulting in court’s enforcement of a $2.1 million prepayment clause in a commercial real estate matter.

Mr. McLeay served as lead trial counsel in a two-week jury trial in federal court in an action in which the plaintiff, a large agribusiness, was seeking nearly $50 million for alleged violations of Packers & Stockyards Act, RICO, breach of contract, fraudulent misrepresentation and other similar claims. The case settled favorably after 10 days of trial prior to submission to the jury.

Mr. McLeay also brought a successful action on behalf of a firm client against federal government agencies for violation of the Administrative Procedures Act in connection with designating boundaries of the Niobrara National Scenic River. Mr. McLeay also served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other States relating to the Republican River.

Mr. McLeay received his B.S.B.A., with distinction, from the University of Arizona in 1981 and law degree from the University of Virginia School of Law in 1984 where he was a member of the Virginia Tax Review. He served as a law clerk to the Honorable Albert G. Schatz, United States District Court for the District of Nebraska and to the Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, before joining the firm. Mr. McLeay is admitted to practice in the United States Supreme Court, the District of Columbia, the Nebraska Supreme Court and several federal courts of appeal and district court.

Mr. McLeay is rated “AV” by Martindale-Hubbell, has presented at numerous trial seminars and was described by Chambers USA, America’s Leading Lawyers for Business, as a “well prepared” trial lawyer with “lots of experience and good judgment.” Mr. McLeay has been regularly selected for honors in litigation publications including Corporate Counsel Super Lawyers®; Benchmark: The Definitive Guide to America’s Leading Litigation Firms and Attorneys; and Best Lawyers®.