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Dallas, Texas  ·  Complex Commercial Litigation

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Portrait of Hon. Marialyn Barnard

Hon. Marialyn Barnard

Judge · Seat 4A

Texas Business Court · Fourth Business Court Division (San Antonio)

Biography

Judge Marialyn Barnard was appointed by Governor Abbott as a Judge of the Fourth Business Court Division effective September 1, 2024. She has worked in business, private practice, and government. Her previous eleven years of judicial experience includes Judge of the 73rd Judicial District Court in Bexar County and Justice on the Texas Fourth Court of Appeals. She also served on the Bexar County Commissioners Court as Commissioner for Precinct 3. Before her judicial service, Judge Barnard served as an Assistant United States Attorney in the Western District of Texas. She then worked for over 10 years in business as Managing Director of Forensic Litigation for KPMG LLP, In-house Counsel and Director of Business Intelligence for CPS Energy and Vice President of Product Development for TXdocs Software. She also worked as an attorney in private practice at Prichard, Hawkins, McFarland & Young LLP. She is and has been a member of several legal bar associations, committees and civil groups. Judge Barnard received her J.D. from St. Mary’s University School of Law, and as a student, she was an intern for Justice John Cornyn on the Texas Supreme Court and Judge Charles Baird on the Texas Court of Criminal Appeals. Upon graduation, she served as a briefing attorney for Justice Orlando Garcia on the Texas Fourth Court of Appeals as well as a federal law clerk when he became a U.S. District Judge for the Western District of Texas. Prior to law school, Judge Barnard was a high school English teacher after receiving her undergraduate degree in Political Science and English from Texas A&M University Commerce. She also worked in insurance and banking. Judge Barnard is married to her high school sweetheart Dr. Gary Barnard PhD, Clinical Psychologist. They have two children, a married daughter and married son, as well as four grandchildren.

Source: txcourts.gov

Opinions by Judge Barnard (1)

Breach of Fiduciary Duty ×
2026 Tex. Bus. 31 Motion to Dismiss May 20, 2026

TUTSA Preemption Does Not Bar Fiduciary Duty Claims Based on Independent Conduct Beyond Trade Secret Misappropriation

The Business Court of Texas denied Ayr Energy's Rule 91a motion to dismiss claims for knowing participation in breach of fiduciary duty, holding that TUTSA preempts only claims premised on the same facts as trade secret misappropriation—not claims based on independent conduct such as employees using company resources to develop competing businesses while still employed. The court further held that a corporate defendant may be charged with knowledge its agents acquired while acting within the scope of their authority in furtherance of the defendant's business.

Mem. Op. Fiduciary Duty Rule 91a TUTSA Knowing Participation Imputed Knowledge Opinion PDF ↓