Barbara Jean D'Aquila is a partner in the Minneapolis location of Fulbright & Jaworski L.L.P., where she handles significant commercial and complex employment litigation and manages the Minneapolis Office's Litigation Department and its Labor and Employment practice.

For years, Chambers USA has described Barbara as an exceptional trial lawyer. Chambers USA (2008) states she is one of Minnesota's "definite first-tier attorneys" who is seen by clients as "responsive and approachable" and regarded by peers as "a bright and practical litigator, who is a much-valued member of the community." Likewise, Chambers USA (2007) describes Barbara as "exceptional"; "a skilled trial lawyer, an excellent brief writer, and a good negotiator"; and an attorney whom clients say is "extremely responsive, technically knowledgeable and creative about practical solutions." Additionally, it notes that Barbara's "accounting background is also highly valued."

Barbara has focused on commercial, class action and employment litigation for over 27 years. She represents corporations (including employers) throughout the U.S. in federal and state courts, before administrative agencies and in arbitration forums. Barbara's clients include major FORTUNE 500 corporations and significant privately-held companies.

In the commercial litigation arena, handling both sides of the dispute, Barbara has had great success in a wide variety of complex commercial lawsuits, including but not limited to multi-million dollar breach of contract claim, violation of trade secrets lawsuits, breach of warranty actions, construction claims, tax litigation, intellectual property matters and other business-related claims.  

Barbara's employment litigation experience involves traditional employment law claims (such as discrimination, harassment, reasonable accommodation, retaliation, defamation, breach of privacy, other torts and breach of contract claims including non-competition and non-solicitation) and complex employment-related suits (such as ownership of intellectual property pursuant to employment agreement). Barbara has defended employers in class actions, representative actions and significant multiple-plaintiff and single-plaintiff employment lawsuits. Barbara has been recognized as a certified specialist in labor and employment law by the Minnesota State Bar Association (MSBA).

In both commercial and employment litigation, Barbara has assisted clients in obtaining numerous summary judgment orders, favorable awards and verdicts, precedent-setting appellate decisions and beneficial settlements.

Representative experience includes but is not limited to:

• Lead plaintiff's counsel in successful breach of commercial contract cases
• Lead defense counsel in successful commercial contract cases
• Lead defense counsel in an age representative action, including successfully obtaining decertification of the class
• Lead defense counsel in a successful trial and appeal involving a state disability discrimination, reasonable accommodation and retaliation trial, which included the first "employee" disability discrimination claim decided by the Minnesota Supreme Court
• Lead defense counsel in a successful two-week federal age discrimination trial
• Lead defense counsel who obtained a decision preempting a state claim in a WARN Act representative action
• Lead defense counsel in the successful defense of an employment defamation case in which the Eighth Circuit Court of Appeals refined the applicable law on defamation by self-publication to the benefit of the employer
• Lead defense counsel in the successful defense of a case brought by the Equal Employment Opportunity Commission in which the federal district court granted summary judgment in a pregnancy discrimination case and the Equal Employment Opportunity Commission voluntarily dismissed its appeal to the Eighth Circuit Court of Appeals
• Lead defense counsel in a tax case establishing the then-innocent spouse rule in the Eighth Circuit Court of Appeals
• Lead defense counsel in a declaratory judgment action involving the successful defense of a city official whose conduct was challenged as improper
• Lead defense counsel in the successful defense of an adoption agency against breach of contract, violation of right to privacy and intentional and negligent infliction of emotional distress claims brought by a prospective adoptive parent
• Lead plaintiff's counsel in the successful arbitration of an executive's golden parachute contract, resulting in a seven-figure award
• Counsel in successful wage and hour lawsuits
• Counsel in successful ERISA litigation matters
• Counsel in the successful defense of a bank officer in a white-collar criminal trial
• Counsel in a successful construction arbitration involving an award of the full amount essentially in dispute
• Active local counsel in a patent infringement case involving successful summary judgment
• Lead counsel who successfully overturned a state agency's rate assessment of more than one million dollars to a corporation
• Lead defense counsel in successful opposition of a temporary restraining order in a multi-million dollar unfair competition case
• Lead counsel successful in obtaining relief from an automatic bankruptcy stay in a Chapter 11 case
• Key counsel in the successful defense of a federal breach of warranty trial
• Lead defense counsel successful in obtaining summary judgment orders and appellate court affirmations in numerous employment lawsuits in federal and state courts, including claims involving discrimination, harassment, aiding and abetting, whistleblowing, fraud, promissory estoppel, breach of contract, reasonable accommodation, retaliation, tortious interference with employment or business contracts or relationships, violation of labor and other statutes, defamation, intentional and negligent infliction of emotional distress and other torts

Barbara is extremely active in various professional associations and has served in officer positions at the national and state levels. Her activities include:

• American Bar Association
  • Section of Labor and Employment Law (1992 - present)
    • Member of the Section Council (2008 - present)
    • Employer Vice Chair of the Section's Third Annual Labor and Employment Law Conference (2009)
    • Member of the Planning Committee for the Section’s First Annual Labor and Employment Law Conference (2007)
    • Member of the Planning Committee for the Litigation Track at the Section's Second Annual Labor and Employment Law Conference (2008)
    • Employer Co-Chair of the Section’s Marketing Administrative Committee (2007, 2008)
    • Employer Co-Chair of the Section’s Administrative Subcommittee on Nationwide Mentoring (2003, 2004)
    • Equal Employment Opportunity Committee Member (1992 - present)
    • Employer Co-Chair of the EEO Committee (2004 - 2006)
  • Tort and Insurance Practice Section (2001 - present)
• American Employment Law Council (1995 - present)
• Federal Bar Association - Minnesota Chapter (1994 - present)
  • President (1998, 1999)
  • Board Member (1994 - present)
• Defense Research Institute (2003 - present)
• Minnesota State Bar Association (1981 - present)
  • Labor and Employment Law Section (1981 - present)
    • Governing Council Member (1989 - 1993)
    • Co-Chair of the Legal Education and Bar Admissions Committee (1999 - 2003)
    • Chair of the Multijurisdictional Task Force (2004 - 2006)
• Minnesota Supreme Court Board of Law Examiners: Board Member (2009 - present); Bar Admissions Advisory Council (1998 - 2009) 
• Minnesota Supreme Court Advisory Committee on the Rules of Civil Procedure (1998 - 2000)
• Minnesota Supreme Court Lawyers’ Trust Account Board (1993 - 2000), Board Chair (1995 - 2000)
• United States District Court, District of Minnesota, Federal Practice Committee (1985 - 1990)
• University of Minnesota Law School Alumni Board of Directors (1991 - 1998), National Chair of the Partners in Excellence Campaign (2002, 2003)

Barbara has received numerous professional honors throughout her career, including but not limited to:

• Top 25 Women Industry Leaders by Minneapolis/St. Paul Business Journal (2009)
• The Best Lawyers in America (since 2001)
• Chambers USA, “America’s Leading Lawyers for Business” (since 2004)
• Fellow of The College of Labor and Employment Lawyers (since 2001)
• Top 100 Corporate Labor and Employment Attorneys, Human Resource Executive and Lawdragon (2009, 2010)
• Top 25 Labor and Employment Lawyers, The Best of The Best USA (since 2007) 
• “Law & Leading Attorneys,” Guide to the World’s Leading Labour and Employment Lawyers (since 2006)
• The International Who’s Who of Business Lawyers (2006)
• Lifetime Fellow of the American Bar Association Fellows
• AV rating from Martindale-Hubbell (every year since first rating)
• Life Member of the National Registry of Who’s Who (2001)
• “Super Lawyer,” Minnesota Law and Politics (every year since inception)
• Number 1 ranking in Minnesota Top 50 Women Super Lawyers, Minnesota Law and Politics (2002, only year of listing)
• “Minnesota Top 100 Super Lawyer,” Minnesota Law and Politics (every year since inception of Top 100 list)
• “Minnesota Top 40 Employment Super Lawyer,” Minnesota Law and Politics (every year since inception of Top 40 list)
• MSBA Certified Specialist in Labor and Employment Law

Barbara is a frequent author of various legal articles, including the following representative examples:

• "A Management Employment Lawyer's Perspective on Ricci v. DeStefano," 25 A.B.A. J. Lab. & Emp. L. 213, 2010
• Co-Author with William P. Finegan, "Whose Workers Are They Anyway?," Minnesota Lawyer, May 10, 2010
• "From 'Minnesota Nice' to 'Midwest Mean?'," Minnesota Lawyer In House Counsel, December 2009
• "Executing a Litigation Hold in an Employment Matter," Legal Quick Sheet, Minnesota Continuing Legal Education, 2008
• Co-Author with Cynthia A. Bremer and Patrick R. Martin, “Summary Guide to Rules Regarding Discovery: Federal Court and Minnesota State Court,” Minnesota Continuing Legal Education, 2007
• "Drug and Alcohol Testing in the Workplace: The Legislative Report,” 14 William Mitchell Law Review 225, 1998
• “Avoiding a Costly Mistake: How to Successfully Handle a Sexual Harassment Investigation,” Hennepin Lawyer, Nov.-Dec. 1993

A well-respected resource on civil litigation and employment law, Barbara is a recurrent and prolific public speaker. Not only does she speak publicly at numerous federal and state continuing legal education conferences and trade group seminars throughout the year, she has served as a chair, co-chair and planning committee member of various conferences.

Representative examples include:

• “Effective Use of Jury Consultants,” American Bar Association, Annual Convention, 2008
• "How to Implement an Effective Litigation Hold" and "Negotiating the Employment Agreement," 25th Annual Upper Midwest Employment Law Institute, 2008
• “An Advanced and Practical Look at E-Discovery Issues: Traps and tips for in-house and private-practice employment law practitioners,” American Employment Law Council, 2007
• “Top Ten Mistakes in Firing,” American Bar Association, Annual Convention, 2007
• “E-Discovery: The Legal Perspective,” American Bar Association, Section of Labor and Employment Law, Equal Employment Opportunity Committee, Second Annual Conference on Equal Employment Opportunity Law, 2007
• “Negotiating Executive Employment Agreements,” “Negotiating Severance Agreements,” and “Releases,” 24th Annual Upper Midwest Employment Law Institute, 2007
• “What You Need to Know about Scientific Experts,” Evidence in the Courtroom, Minnesota Continuing Legal Education, 2007
• “Ten (or So) Traps to Avoid Mistakes Even the Best Minnesota Litigators Have Made,” Litigator’s Short Course, Minnesota Continuing Legal Education, 2007
• “Your Dealings with the Equal Employment Opportunity Commission,” Fall Labor and Employment Law Institute, Minnesota Continuing Legal Education, 2007
• “Putting your Best Foot Forward In Trial,” American Bar Association, Annual Convention, 2006
• “Daubert: Getting Your Expert Testimony In and Keeping the Other Side’s Out,” Evidence in the Courtroom, Minnesota Continuing Legal Education, 2006
• “Whistleblowing and Beyond the Impact of Sarbanes-Oxley on Profit and Nonprofit Corporations,” Minnesota State Bar Association, Section of Labor and Employment Law Annual Meeting, 2006
• “Daubert and Expert Damages Testimony,” Litigator’s Short Course, Minnesota Continuing Legal Education, 2006
• “Discovery in the Digital Age: The World Post-Zubulake,” American Employment Law Council, 2005
• “Advanced Trial Practice Tips: The Toughest Parts of ADA Litigation,” Upper Midwest Employment Law Institute, 2005
• “Daubert After a Decade,” Litigator’s Short Course, Minnesota Continuing Legal Education, 2005
• “Criminal Background Checks, Resumes, Employment References and Medical Inquiries: When Does an Employer Cross the Line,” American Bar Association, Annual Convention, 2004
• “Case Study: Jury Related Issues,” American Bar Association, Section of Labor and Employment Law, Equal Employment Opportunity Committee, Mid-Winter Meeting Conference, 2004
• “171 Ways to Improve Your Discovery Techniques,” Two part video training program for the American Bar Association Center for Continuing Legal Education, 2003
• “Case Study: Mental Disabilities in the Workplace,” American Bar Association, Section of Labor and Employment Law, Equal Employment Opportunity Committee, Mid-Winter Meeting Conference, 2003
• “Discovery in Employment Litigation,” Three-part video training program for the American Bar Association Center for Continuing Legal Education, 2003
• “Case Study: The Shrinking Workforce,” American Bar Association, Section of Labor and Employment Law, Equal Employment Opportunity Committee, Mid-Winter Meeting Conference, 2002 and American Employment Law Council, 2002
• “The Rambo Adversary: How to Deal with Difficult or Unethical Opposing Counsel,” American Bar Association, Annual Convention, 2001
• “Accounting For Lawyers,” National Practice Institute, two-day course delivered in various cities throughout the U.S. in the 1980s

1979 – J.D., cum laude, University of Minnesota Law School (early graduation from the Class of 1980)
1977 – Bachelors of Business Administration, magna cum laude, Accounting, University of Notre Dame

In law school, Barbara was honored on the Dean’s List all years, was a Member of the International Law Moot Court Team and served on the Dean’s Board of Student Advisors.

In college, Barbara was honored on the Dean’s List all years, was a member of the Business Honor Society, Beta Gamma Sigma and was a member of the Accounting Honor Society, Beta Alpha Psi.

Before entering private practice, Barbara served as a law clerk for Justice John Todd of the Minnesota Supreme Court.

Barbara has a Certified Public Accountant Inactive License from the State of Minnesota Board of Accountancy.

Barbara is a certified specialist in labor and employment law by the Minnesota State Bar Association (MSBA).

COURT ADMISSIONS AND RULE 114 QUALIFIED NEUTRAL

Barbara is admitted to practice before the U.S. Supreme Court, the U.S. Tax Court, the U.S. Court of Appeals for the Eighth and Eleventh Circuits, the U.S. District Court for the State of Minnesota and the state courts of the State of Minnesota. She has also been admitted to practice pro hac vice before a number of federal and state courts across the U.S. In addition, she is listed as a Rule 114 Qualified Neutral (Qualified Civil Mediator and Qualified Civil Arbitrator) by the Minnesota Supreme Court.

Barbara has an unwavering commitment to family and friends. Her interests include a wide variety of outdoor activities, travel throughout the world, reading, entertaining and preserving an historic home.

Barbara is and always has been active in her community. Her civic involvement includes:

• Girl Scouts of Minnesota and Wisconsin River Valleys, Board of Directors, Executive Committee, and Chair of Fund Development (2008 - present)
• Girl Scout Council of St. Croix Valley, Board of Directors (2005 - present)
• American Heart Association, Minnesota Affiliate: Various offices from 1983 to 1991 and in 1996, including but not limited to Board Chair (1987, 1988), Distinguished Service Award (1988), Great Plains Regional Representative to the American Heart Association National Center (1989 - 1991), and Co-Chair of the Affiliate’s 50th Anniversary Committee (1996)
• Domestic Abuse Project, Board of Directors (1993 - 1999)
• Archdiocese of St. Paul and Minneapolis, Due Process Arbitrator (1990)