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Barry Himmelstein

Attorney Profile

Top Rated Cannabis Law Attorney in Emeryville, CA

Himmelstein Law Network
2000 Powell Street, Suite 1605
Emeryville, CA 94608
Phone: 510-450-0782
Fax: 510-924-0403
Selected to Super Lawyers: 2009 - 2022
Licensed in California Since: 1992
Practice Areas: Cannabis Law, Antitrust Litigation, Business/Corporate, Civil Litigation: Plaintiff, General Litigation
Attorney Profile

Attorney Barry Himmelstein is the founder and owner of the Himmelstein Law Network in Emeryville, California. A top-rated, award-winning attorney with more than 28 years of legal experience, Mr. Himmelstein currently focuses his practice primarily on the burgeoning cannabis industry, and he provides exceptional representation and support to clients across Northern California who have legal needs involving any of the following:

·       Cannabusiness transactions

·       Cannabusiness litigation

·       Cannabusiness counseling

Prior to focusing on cannabis-related legal matters, Mr. Himmelstein advocated on behalf of individuals and small-business owners victimized by unscrupulous, unfair and unlawful business practices. During this time, he served as lead or co-counsel in a number of high-profile cases against some of the country's largest corporations and energy conglomerates, and he has recovered hundreds of millions of dollars in settlements and verdicts for those he has served.

Since 2016, Mr. Himmelstein has assisted numerous business owners and other practitioners in the cannabis industry with issues such as corporate governance, business organization, contracts, on-going counseling and litigation. At all turns, he has proven himself a devoted and skilled legal ally who always aggressively pursues the most favorable outcomes for his clients. Furthermore, he has helped dozens of cannabis-related companies plan and organize their businesses with an eye on future success.

A 1982 graduate of the University of Michigan at Ann Arbor, Mr. Himmelstein attended the University of California Hastings College of Law, where he obtained his Juris Doctor, cum laude, in 1991. The State Bar of California admitted him to practice that same year, and he is also admitted to practice before all U.S. District Courts in California, as well as the District of Colorado and the Eastern District of Arkansas, the U.S. Supreme Court, and the U.S. Court of Appeals for the 2nd, 3rd, 7th, 9th and 11th Circuits.

In recognition for his impeccable professionalism and outstanding service, Mr. Himmelstein has received consistent recognition as being among the top attorneys in Northern California, and America's Top 100 voted him a Top 100 High Stakes Litigator in 2018-2019. He also received the Community Service Award from the American Jewish Congress in 1996 for his work with the Jack Berman Advocacy Center.

Practice Areas
  • 60%Cannabis Law
  • 10%Antitrust Litigation
  • 10%Business/Corporate
  • 10%Civil Litigation: Plaintiff
  • 10%General Litigation
Focus Areas

Antitrust & Trade Litigation, Business Formation and Planning, Limited Liability Companies, Contracts, Business Organizations, Litigation


14 Years Super Lawyers
  • Super Lawyers: 2009 - 2022

About Barry Himmelstein

First Admitted: 1992, California

Professional Webpage:

Scholarly Lectures/Writings

  • In re Neurontin Marketing and Sales Practices Litig., 433 F. Supp. 2d 172 (D. Mass. 2006)
  • Ammari Electronics v. Pacific Bell Directory, 2011 WL 5547588 (Cal. App. 2011)
  • In re American Family Enterprises, 256 B.R. 377 (D. N.J. 2000)
  • Medimatch, Inc. v. Lucent Technologies, Inc., 120 F. Supp. 2d 842 (N.D. Cal. 2000)
  • In re Synthroid Marketing Litig., 110 F. Supp. 2d 676 (N.D. Ill. 2000)
  • In re California Retail Natural Gas and Electricity Antitrust Litig., 170 F. Supp. 2d 1052 (D. Nev. 2001)
  • In re Western States Wholesale Natural Gas Antitrust Litig., 346 F. Supp. 2d 1123 (D. Nev. 2004)
  • California v. NRG Energy, Inc., 391 F.3d 1011 (9th Cir. 2004)
  • Natural Gas Anti-Trust Cases I, II, III & IV, 2006 WL 5377849 (Cal. Superior 2006)
  • In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 99 F. Supp. 3d 288 (E.D.N.Y. 2015)
  • In re Neurontin Marketing and Sales Practices Litig., 748 F. Supp. 2d 34 (D. Mass. 2010)
  • In re Checking Account Overdraft Litig., 677 F. Supp. 2d 1367 (J.P.M.L. 2009)
  • In re Checking Account Overdraft Litig., 694 F. Supp. 2d 1302 (S.D. Fla. 2010)
  • Gutierrez v. Wells Fargo Bank, N.A., 2010 WL 1233810 (N.D. Cal. 2010)
  • Gutierrez v. Wells Fargo Bank, N.A., 730 F. Supp. 2d 1080 (N. D. Cal. 2010)
  • Cannon v. Wells Fargo Bank. N.A., C-12-1376 EMC, 2014 WL 324556 (N.D. Cal. Jan. 29, 2014)
  • In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 13-MD-2451 ADS AKT, 2014 WL 1598017 (E.D.N.Y. Apr. 21, 2014)

Educational Background

  • Law School:  University of California, Hastings College of Law, magna cum laude, 1991
  • Undergrad:  University of Michigan at Ann Arbor, 1982


  • Community Service Award, Jack Berman Advocacy Center, American Jewish Congress, 1996
  • Northern California Super Lawyer, 2009 – 2019
  • America’s Top 100 High Stakes Litigators, Northern California, 2018 – 2019

Bar/Professional Activity

  • U.S. District Courts for the Northern, Central, and Eastern Districts of California, District of Colorado, and Eastern District of Arkansas
  • U.S. Courts of Appeals for the Second, Third, Seventh, Ninth and Eleventh Circuits
  • U.S. Supreme Court
  • California

Industry Groups

  • Cannabis
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Office Location for Barry Himmelstein

2000 Powell Street
Suite 1605
Emeryville, CA 94608

Phone: 510-450-0782

Fax: 510-924-0403

Last Updated: 5/15/2022

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