Barry M. Kazan

Practices

• Business Litigation
• Business Restructuring, Creditors' Rights & Bankruptcy
• ERISA Litigation

Professional Experience

Barry is a partner in the firm's Business Litigation; Business Restructuring, Creditors' Rights & Bankruptcy; Product Liability Litigation and ERISA Litigation practice groups. He is an experienced trial lawyer whose practice focuses on civil litigation, concentrating on the substantive areas of general commercial law, class action defense, franchise disputes, mass torts, product liability, environmental liability and bankruptcy.

Barry represents clients in a wide range of industries, including consumer electronics, petroleum, chemicals, manufacturing, financial services and real estate. He also regularly counsels clients on electronic discovery and develops document retention programs and discovery response plans as they relate to electronically stored information. Barry is a frequent writer and speaker on the subject.

Barry is admitted to practice in the states of New Jersey and New York. He is also admitted to practice before the United States Court of Appeals for the Second and Third Circuits; United States District Court for the District of New Jersey; United States District Courts for the Southern, Eastern, Northern and Western Districts of New York; United States District Court for the District of Colorado; and the United States District Court for the Eastern District of Texas.

Education

• Georgetown University Law Center, J.D., 1994, cum laude
• Drew University, B.A., 1991, magna cum laude

• Lead counsel for client in multi-district litigation involving numerous class actions alleging consumer fraud in connection with retail sales of petroleum products
• Lead counsel for client in wrongful death, personal injury and commercial claims arising from deconstruction and abatement of forty-one story skyscraper damaged in 9/11 attacks
• Representation of financial institutions and secured lenders in bankruptcy proceedings and workouts
• Obtained dismissal of putative statewide class action involving labeling claims brought against hot dog manufacturer
• Defeated certification of statewide class of mobile home owners in Florida and obtained final dismissal on the merits against putative class representatives
• Defeated certification of nationwide and statewide class of purchasers of DVD players
• Obtained summary judgment dismissal in favor of chemical company in birth defect action shortly prior to 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
• Defended managed health care company in ERISA-based class action brought on behalf of subscribers alleging breaches of fiduciary duty
• Defeated motion to dismiss brought by the State of New Jersey in a case brought by several Pediatric Medical Daycare Centers challenging state regulations imposing additional costs and restrictions to children's access to services required under Medicaid law.
• Successfully represented health care program in connection with obtaining stay of a warrant of eviction to permit continued treatment of patients and relocation of facility.
• Successfully defeated motion to hold a consumer electronics manufacturer liable as a successor-in-interest for alleged violations of copyright infringement involving computer source code.

• Speaker, “Getting Discovery Out of the Driver’s Seat: Emerging Trends in Managing Electronically Stored Information”, Cleveland, OH, December 2011
• Speaker, "The Continuing Tension Between Legal Ethics and Computer Technology: Best Practices to Follow When You and Your Clients are in the Public Eye", New Orleans, LA, April 2011
• Speaker, "The Continuing Tension Between Legal Ethics and Computer Technology: How Do We Avoid Crossing the Line?", Whippany, NJ, September 2010
• Speaker, "Traveling at the Speed of Information: Can Our Ethics Keep Up with Social Networking, Blogging and the Internet?", Whippany, NJ, September 2009
• Panelist, "Navigating Joint Defense Groups", New York, NY, August 2008
• Speaker, "Temperature Adjusted Fuels", Washington, DC, April 2008
• Speaker, "The Unintended Consequences of Electronic Discovery: Costs, Conflicts and Sanctions and What You Can Do to Reduce Them", New York, NY, March 2008
• Speaker, "The Expanding Controversy Over 'Hot Fuel': Lessons from the MDL", Phoenix, AZ, October 2007
• Speaker, "Beyond the New E-Discovery Rules: Protecting the Company's Proprietary and Other Vital Interests", New York, NY, October 2007
• Speaker, "Minimizing Distraction: Managing Electronic Discovery Under the New Federal Rules", New York, NY, December 2006
• Speaker, "Electronic Discovery: What You (and Not Just Your Lawyer) Need to Know About the New Federal Rules", New York, NY, October 2006