Barkley is a renowned national authority on commercial and financial services law, with an emphasis on the Uniform Commercial Code (UCC).

Overview

With 50 years’ experience in payment systems law and secured lending under the UCC, Barkley advises banks and financial institutions, consults and provides expert witness testimony in commercial law litigation around the country. Consistent with the firm’s commitment to service, he has educated hundreds of lawyers at the nation’s top law schools and authored commercial law treatises used by attorneys and financial institutions throughout the U.S. In all, he has written nine books and 30 law review articles on a variety of commercial law and banking subjects. His treatises have been widely cited by the courts.

Experience

Barkley consults on litigation under the UCC and federal law, particularly check fraud, payment systems, "Know Your Customer" litigation, letters of credit, secured transactions, warranty claims in the sale of goods, and bankruptcy lien avoidance litigation.

He has served as an expert witness in commercial law cases focused on "corporate account takeover" litigation, negotiable instruments, letters of credit, UCC midnight deadline/kiting disputes, wire transfer cases, check fraud and usury cases.

Barkley has arbitrated large commercial disputes involving UCC issues and appeared before arbitrators as an expert witness, advised major grantors of consumer credit and helped to structure consumer financial products.

Barkley represented the auto finance industry in appellate litigation to determine whether "negative equity" in a trade-in vehicle is protected from cramdown under the U.S. Bankruptcy Code. The industry prevailed in all the cases he argued.

He is a well-known author and co-author of treatises entitled The Law of Bank Deposits, Collections and Credit Cards, Compliance Guide to Payment Systems, The Law of Secured Transactions under the UCC, The Law of Product Warranties, Truth in Savings, Regulation CC, Clarks’ Guide to Electronic Check Collection, and Oil and Gas Financing under the UCC.

He co-edits two monthly newsletters, Clarks' Secured Transactions Monthly and Clarks' Bank Deposits and Payments Monthly. In 2012, Barkley received the Senator William Proxmire Lifetime Achievement Award from the American College of Consumer Financial Services.

He has been active in commercial law reform, serving on the national committee that led to the drafting of Revised Article 9 of the UCC (sponsored by the American Law Institute and the Uniform Law Commission). He has served as special advisor to the Federal Reserve Board, the American Bankers Association and various state legislatures in their enactment of commercial and consumer credit legislation.

A recognized leader in civic and professional activities, Barkley served two terms as mayor of Lawrence, Kansas and is a frequent speaker at legal seminars throughout the country on commercial/banking law subjects to professional and trade organizations.

News & Insights

Speaking Engagements

Publications

Co-author: "Clarks' Oil and Gas Financing Under the UCC: Perfecting and Enforcing Security Interests," published by LexisNexis A.S. Pratt

Co-author: "Clarks' The Law of Secured Transactions Under the Uniform Commercial Code," published by LexisNexis A.S. Pratt

Co-author: "Clarks' The Law of Bank Deposits, Collections and Credit Cards," published by LexisNexis A.S. Pratt

Co-author: "Compliance Guide to Payment Systems: Law and Regulation," published by LexisNexis Sheshunoff

"Operation Choke Point Changing Culture But Not Mission," Law360, March 2015

Co-author: "Clarks' Bank Deposits and Payments Monthly," published by LexisNexis A.S. Pratt

Co-author: "Clarks' Secured Transactions Monthly," published by LexisNexis A.S. Pratt

Recognitions

Recognitions

For many years, Barkley has been listed in The Best Lawyers in America©

Received the William Proxmire Lifetime Achievement Award from the American College of Consumer Financial Services Lawyers in 2012

Professional & Civic Activities

Professional & Civic Activities

City Commission of Lawrence, Kan., with two terms as Mayor of Lawrence (1973-1983)

American Bar Association

  • Committee on Article 9 of the UCC, co-chair
  • Special Committee to Redraft Article 9 of the UCC

Banking Law Journal, board of editors

UCC Law Journal, board of editors

American Bankers Association Steering committee on the UCC

Journal of Payments Systems Law, board of editors

American College of Commercial Finance Attorneys

American College of Consumer Financial Services Lawyers

Director of a national bank (1980-1985)

Admissions

  • District of Columbia, 2000
  • Missouri, 1990
  • Kansas, 1971
  • Colorado, 1965

Education

Harvard University, LL.B., 1965

Amherst College, B.A., 1962

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