Barry MacNaughton is a partner in the Litigation and Construction and Environmental Law Departments.

Mr. MacNaughton focuses on business and commercial litigation with an emphasis on real estate matters, specific performance, eminent domain, purchase and sale disputes and partnership disputes. He has significant experience litigating contract disputes, trade secret and unfair competition litigation, trademark rights, litigation over corporate governance matters and insurance bad faith and coverage litigation.

In addition, Mr. MacNaughton handles dispute resolution relating to the preparation, litigation and settlement of construction claims, including matters before the American Arbitration Association and other alternative dispute resolution providers.  He also handles problem and litigation avoidance, protection of contractors trade secrets and data rights and provides counseling regarding various construction and environmental issues.

Mr. MacNaughton received his J.D., with Honors, from the University of Texas, and attended Trinity University earning a B.A., magna cum laude, and was a member of Phi Beta Kappa and Alpha Lambda Delta.

Mr. MacNaughton is the editor of the Ervin Cohen & Jessup Real Estate Reporter, a bi-monthly publication focusing on legal issues in the real estate industry.


  • “Toxic Mold – The Centers for Disease Control Weigh In”, ECJ’s Real Estate Reporter, September 2004
  • “Proper Use of the Lis Pendens – The Best Way to Protect Your Real Property Interests – Part I and II”, ECJ’s Real Estate Reporter, April/June, 2003
  • “How to Survive an Eminent Domain Action”, ECJ’s Real Estate Reporter, August 2003
  • “Specific Performance – The Right Tool for the Right Job”, ECJ’s Real Estate Reporter, March/April 2003
  • A Facelift For Construction Defect Claims, ECJ’s Real Estate Reporter, January/February 2003
  • Toxic Mold – It’s Not the New Asbestos, ECJ’s Real Estate Reporter, November/December 2002
  • “At Last…Environmental Liability Relief for Lenders and Fiduciaries”, ECJ’s Legal Update, Winter, 1997
  • “Lead Paint Disclosure: New Rules & Regulations”, ECJ’s Legal Update, Summer 1996
  • “Beware: A Trap for the Unwary: Real Estate Construction Contracts”, ECJ’s Legal Update, Summer, 1991
  • “Environmental Damage: Who Will Pay”, ECJ’s Legal Update, Spring, 1991
  • “Attorney’s Guide to Law of Competitive Business Practices”, Antitrust, Chapter 5, Supp., 1985
  • Comment, “Do Recent Liberalizations in Trade and Currency Regulations Put Japan in the Mainstream of World Commerce or Are They Merely an Illusion?”, 16 Texas International Law Journal, 1982