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Bart L. McLeay

Partner

Bart has broad trial and litigation management experience. He served as Litigation Department Chair for many years, responsible for managing attorneys and section leaders in multiple litigation groups across the firm and for coordinating the firm’s national litigation practice.

Bart'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, agribusiness, telecommunications, healthcare, reinsurance and more.

Bart 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.

Bart 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.

Bart has presented at numerous trial seminars and was described by Chambers USA as a “well prepared” trial lawyer with “lots of experience and good judgment.”

Law Clerkships
  • The Honorable Albert G. Schatz, United States District Court for the District of Nebraska, Law Clerk, 1984-1985
  • The Honorable Donald R. Ross, United States Court of Appeals for the Eighth Circuit, Law Clerk, 1985
Publications

  • The Best Lawyers in America® "Lawyer of the Year" in Omaha for Appellate Practice, 2022, 2024;  Bet-the-Company Litigation; Commercial Litigation, multiple years including 2024
  • Chambers USA®, Leading Litigation: General Commercial Attorney, Nebraska, 2017, 2019-2023
  • Super Lawyers® 2007-2023
  • Benchmark Litigation
  • Martindale-Hubbell, Rated "AV" multiple years including 2024
  • Special Assistant Attorney General for Nebraska in United States Supreme Court original action of water compact dispute with Kansas and Colorado (appointed 1998)
  • Lloyd's of London Lawyers Programme - selected to provide legal assistance and counsel in London to insurance syndicates and market companies (1992-1993)