National Security Agency Telecommunications Records Litigation. In this "mother of all privacy cases," Barry was appointed to represent MCI subscribers in
litigation against the major telecommunications carriers for turning their customers' call records over to the National Security Agency in violation of federal privacy laws.
Fax.com Litigation. Barry reprsesented recipients of unsolicited facsimile advertisements in a
$2.2 trillion class action against the largest fax blaster, Fax.com, which sent unsolicited facsimile advertisements on behalf of small businesses, in violation of the Telephone Consumer Protection Act. "None of us expect to see that money," said Himmelstein. "This case is something of a public service to shut down this company, which is bothering just about everybody incessantly." In a coordinated effort with law enforcement, the company was shut down after it
agreed to an injunction in federal court, just as the state court was about to rule on the injunction requested in the class action.