Barry M. Kazan is a partner in Mintz & Gold’s commercial litigation and bankruptcy and restructuring department. For more than 25 years, Barry’s practice has focused on the areas of commercial litigation, bankruptcy and creditors’ rights. He is an experienced trial lawyer with extensive appearances in state, federal, and bankruptcy courts, and before arbitration tribunals. His practice centers on class action defense, bankruptcy and creditors’ rights, distribution and franchise law, real estate workouts, fraudulent conveyance actions, corporate governance, and ERISA. However, it would be difficult to find a substantive area of the law to which he has had not had significant exposure. Barry believes it is incumbent that lawyers know their clients’ businesses and has intimate knowledge of the following industries: consumer electronics, financial services, life sciences, chemical manufacturing and distribution, and commercial real estate.
While Barry spends significant time in the courtroom, he spends an equally significant time assisting lawyers and clients in the boardroom. Traditionally, he represents high-net-worth individuals, privately- and publicly-held companies, and funds. He is regularly consulted to advise on issues with the goal of avoiding litigation – either by reviewing contracts at inception or by negotiating resolutions of disputes before they reach litigation. His partners and clients value his judgment, his practical advice, his creativity, and the efficient way in which he reaches a “win” for the client. In addition to his skills as an attorney, he has extensive knowledge of litigation project management including early case assessment, budgeting, planning, and reporting tools.
- Lead counsel for publicly-traded life sciences corporation in dispute with former CEO pending in Delaware Chancery and New York Federal Courts.
- Lead counsel for retail chain in defense of consumer-facing class actions.
- Successful representation of trade creditors in all facets of bankruptcy process.
- Representation of clients in prosecution and defense of fraudulent conveyance actions.
- Secured winning credit bids of assets out of bankruptcy and foreclosure proceedings.
- Representation of minority shareholder in contested valuation proceeding.
- Lead counsel for client in multidistrict litigation involving numerous class actions alleging consumer fraud in connection with retail sales of petroleum products
- Defeated certification of nationwide and statewide class of purchasers of DVD players and, separately, for purchasers of rear projection televisions
- Defeated certification of statewide class of mobile home owners in Florida and obtained final dismissal on the merits against putative class representatives
- Obtained summary judgment dismissal in favor of chemical company in birth defect action shortly before trial.
- Defeated preliminary injunction sought by target seeking to enjoin tender offer under Williams Act.
- Negotiated withdrawal of multi-million-dollar breach of contract claim in connection with government contract for engineering company.
- Turnaround Management Association
- New York Institute of Credit
- Asian American Bar Association of New York
- Korean American Lawyers Association of Greater New York
- Filipino American Lawyers Association of New York