Barry A. Abbott
Shareholder
abbottb@lanepowell.com
206.223.7988
Areas of Practice
Barry Abbott is a nationally-known corporate, financial institutions, payments and e-commerce
lawyer. He has provided legal counsel to many of the largest institutions and corporations in the
U.S. and abroad. In this connection, Barry was involved in developing the legal documents for
the first equity line product (for Crocker Bank in the late 1970s), was principally responsible for
developing all legal documents for the first major reverse mortgage program (for Transamerica
HomeFirst in the late 1980s), was the original legal counsel who helped organize the National
Council of Real Estate Investment Fiduciaries (NCREIF) and served as General Counsel to the
REX Group, which developed the first true home owner-occupied option investment product and
marketplace. He is also active in e-commerce matters and has represented established companies and
startups (including crowdfunding, peer-to-peer and gaming companies) in all aspects of their Internet
and e-commerce businesses.
Barry has been named by The Best Lawyers in America® for his expertise in Banking and Finance Law,
Corporate Law, Financial Services Regulation Law and Insurance Law. He has also been named as
Seattle’s “Best Lawyer of the Year” for 2014 and 2015 in Financial Services Regulatory Law and as a
“Northern California Super Lawyer” in Business/Corporate Law by Super Lawyers® magazine. Barry
is an elected Fellow of the American College of Consumer Financial Services Lawyers, a professional
association of lawyers particularly skilled and experienced in handling consumer financial services
matters.
Professional Experience
Arnold & Porter LLP (and predecessor, Howard Rice Nemerovski Canady Falk & Rabkin, P.C.) Of Counsel (2006-2013)
Director (1994-2006)
The REX Group, Chief Legal Officer, Director of Government Relations and Corporate Secretary (2006-2009)
Morrison & Foerster LLP
Partner (1983-1994)
Associate (1977-1983)
Admitted to Practice
Washington
California
District of Columbia
Florida
New York
Supreme Court of the United States
Academics
University of Florida College of Law (J.D., with honors, 1975)
Order of the Coif
Stanford University (M.B.A., 1977)
Dartmouth College (A.B., magna cum laude, with high distinction in history, 1972)
Phi Beta Kappa
Practice Group and Specialty Team Memberships
Business
Cannabis
Finance and Banking
Financial Institutions
Insurance
Mergers and Acquisitions
Mortgage and Consumer Finance
Privacy and Data Security
Representative Matters and Clients
Represented client in large pension cash flow purchase business and merchant advance business with product design and negotiation with state regulators
Advised and provided all documentation for new crowdfunding site for small business financings
Negotiated, documented and filed all regulatory applications for client’s acquisition for control of a $650 million bank holding company located in California
Provided all federal and state payment advice to major national gaming company
As principal outside corporate counsel for The Bar Association of San Francisco, merged two of its affiliated 501(c)(3) corporations
Negotiated and documented $21 million C-Round and $115 million private fund financings as Chief Legal Officer of The REX Group
Drafted all documentation for the first national reverse mortgage product (for Transamerica HomeFirst)
Developed documentation for first multistate true home equity option contract program (for The REX Group)
Reorganized Greenpeace in the United States
Organized The National Council of Real Estate Investment Fiduciaries (NCREIF) and The Mono Lake Committee
Served as principal outside counsel for a major independent medical research foundation
Publications
“Banks and the EB-5 Program: Look Before You Leap,” Issues and Answers magazine, Washington Bankers Association, Co-author (September/October 2014)
“New Product Development — A Big Challenge and a Potentially Big Reward,” Western Banker magazine, Western Independent Bankers (May/June 2014)
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“Five Legal Topics for Washington Bankers to Consider This Fall,” Issues and Answers magazine, Washington Bankers Association, Co-author (September/October 2013)
“CFPB Report Indicates Impending Regulation of Overdraft Practices,” Consumer Finance Law Quarterly Report, Vol. 67, Nos. 1-2 (2013)
“The Nuts and Bolts of a REX Agreement,” Consumer Finance Law Quarterly Report, Vol. 61, No. 2
(Summer 2007)
“Financial Privacy and the California Experience,” Annual Review of Banking and Financial Law, Vol. 23 (2004)
“The Financial Modernization Act: The Dawn of a New Era,” Uniform Commercial Code Law Journal, Vol. 32, No. 4 (Spring 2000)
“Privacy and the Fair Credit Reporting Act,” The Review of Banking and Financial Services, Vol. 13, No. 22 (December 17, 1997)
“The Truth in Lending Act After 15 Years: Its Goals and Its Limitations,” Oklahoma City University Law Review, Vol. 9, No. 1 (Spring 1984)
“A Proposal to Revise the Forms of California Summons,” Hastings Law Journal, Vol. 33, No. 1. (September 1981)
Truth in Lending: A Comprehensive Guide, Prentice-Hall Law & Business, Co-author
(Out of Publication)
Speaking Engagements
Barry is a frequent lecturer on corporate, commercial and financial institution law for numerous
organizations, and previously was an adjunct faculty member at the University of California,
Berkeley, School of Law.
“Introduction to Marketplace Lending,” Lane Powell’s Commercial Law Developments Seminar (December 17, 2015)
“Consumer Traps for the Unwary Commercial Lender,” Lane Powell’s Commercial Law Developments Seminar (December 12, 2013)
“International Seminar on Consumer Litigation in Japan, the U.S. and China: Class-Action and Cross-Border Lawsuits,” The Japan Federation of Bar Associations, Tokyo, Japan (March 2012)
“Fair Lending and Property Insurance Access,” Co-chair, American Bar Association National Institute (March 1995)
Awards
Named Best Lawyers® Seattle Financial Services Regulation Law Lawyer of the Year (2014, 2015)
Named by The Best Lawyers in America®, Banking and Finance Law, Corporate Law, Financial Services Regulation Law, Insurance Law (2005-2016)
Named as a “Northern California Super Lawyer,” Super Lawyers® magazine, Business/Corporate
AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™
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Professional and Community Activities
Former Member, Federal Reserve Board Consumer Advisory Council and Chairman of its Consumer Credit Committee (Washington, D.C.)
Fellow and former Board Member and Officer, American College of Consumer Financial Services Lawyers
Member, Conference on Consumer Finance Law, Governing Committee
Member and former Committee and Subcommittee Officer, American Bar Association, Consumer Financial Services Committee and Banking Law Committee
Member and former Section, Committee and Subcommittee Officer, State Bar of California, Business Law Section, Financial Institutions Committee and Insurance Law Committee
Fellow, The Royal Society of Arts (London)
Former Board Member and Committee Chair, Bar Association of San Francisco
Former Board Member and Officer, Barristers Club of San Francisco
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