Robert C. Barton

Barton, a member of the Oneida Nation of Wisconsin, planned to practice Native American law when he entered law school. But when Holland & Knight hired him as a summer associate and assigned him to the team representing the estate of actress and model Anna Nicole Smith in headline-grabbing litigation, he found the practice fascinating and joined the firm’s private wealth services group, where he is senior counsel.

Still, he keeps up with his heritage. “The Southern California tribes have their own tribal courts, and I have been hired to petition or represent fiduciaries in conservatorships,” he said.

In Barton’s private wealth practice, he is co-lead counsel in multiple, highly publicized lawsuits representing Tyler Korff, the grandson of media magnate Sumner Redstone, the majority owner with his family of CBS Corp. and Viacom Inc.

Currently on his docket are the defense of suits by former Redstone girlfriends Manuela Herzer and Sydney Holland. Together they state claims for $100 million, alleging Korff and Redstone’s daughter Shari Redstone conspired to oust the plaintiffs from Redstone’s life in order to gain control of his $6 billion family trust. Part of the defense includes allegations in counterclaims that the plaintiffs committed elder financial abuse against Redstone and must return millions of dollars obtained by undue influence. Discovery is ongoing. Herzer v. Redstone, BC619766 (L.A. Super. Ct., filed May 9, 2016); Redstone v. Herzer and Holland, BC638054 (L.A. Super. Ct., filed Dec. 15, 2016).

“The girlfriends’ suits allege that my clients spied on Sydney and Manuela to come up with a scheme to get them out of the house,” Barton said. “We have attacked those allegations substantively. If we have to prove it to a jury, we will. There are a lot of moving pieces, a lot of witnesses. But we believe that documents and testimony will lead to dismissal or judgment on the papers. The sheer number of lawsuits ongoing makes them somewhat difficult to coordinate.”

The Redstone litigation included a suit by former Viacom CEO Phillippe Dauman challenging his removal from the Viacom board of directors. The suit settled in August 2016. “He got his golden parachute [said to be worth $72 million] under his employment agreement, but the settlement resulted in no additional payments,” Barton said. Dauman v. Redstone, 16E0020QC (Norfolk, Mass. Prob. and Fam. Ct., filed May 23, 2016).

Barton said that Native American law and the wealth management work he does for some clients have striking similarities despite their distinct differences. “There are messy family dynamics in both. Money is often a proxy for family feelings. Sometimes I think I should have gone to psychology school and gotten a therapy degree.”

— John Roemer