Barry M. Kazan
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.
- Lead counsel for a client in multi-district litigation involving numerous class actions alleging consumer fraud in connection with retail sales of petroleum products.
- Lead counsel for a client in wrongful death, personal injury and commercial claims arising from deconstruction and abatement of a 41-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 a hot dog manufacturer.
- Defeated certification of a statewide class of mobile home owners in Florida and obtained final dismissal on the merits against putative class representatives.
- Defeated certification of a nationwide and statewide class of purchasers of DVD players.
- Obtained summary judgment dismissal in favor of a 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 multimillion dollar breach of contract claim in connection with a government contract for an engineering company.
- Defended a managed health care company in an 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 a 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.
- “'Jiannaras' Clarifies Approach to Class Action Practice in New York,” New York Law Journal, July 2016
- “Bankruptcy Court Upholds Secured Creditor’s Right to Credit Bid, Rejects “Chilling” Argument,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2014
- “Obligations When Third Parties Control Data,” The New York Law Journal, October 2013
- “Viability of Rule 23(b)(3) Cases After 'Dukes', 'Amgen' and 'Comcast',” The New York Law Journal, June 2013
- "Technology-Assisted Review is a Promising Tool for Document Production," The New York Law Journal, March 2013
- "The ABCs of an ABC - An 'assignment for the benefit of creditors' provides an alternative to bankruptcy," The New York Law Journal, March 2013
- "A First-Anniversary Look at the Impact of Stern v. Marshall," The New York Law Journal, June 2012
- Presenter, “Complying with legal ethics in the age of social media,” NJCCA’s 12th Annual Full Day CLE Conference, New Jersey 2014
- Speaker, "The Continuing Tension Between Legal Ethics and Technology: What Do We Do When The Technologies Changes But The Rules Do Not?" East Whippany, New Jersey, September 2012
- Speaker, "Emerging Trends in E-Discovery 2012: An In-House Counsel's Perspective," New York, May 2012
- Speaker, "Getting Discovery Out of the Driver's Seat: Emerging Trends in Managing Electronically Stored Information," Cleveland, 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, April 2011
- Speaker, "The Continuing Tension Between Legal Ethics and Computer Technology: How Do We Avoid Crossing the Line?", Whippany, New Jersey, September 2010
- Speaker, "Traveling at the Speed of Information: Can Our Ethics Keep Up with Social Networking, Blogging and the Internet?", Whippany, New Jersey, September 2009
- Panelist, "Navigating Joint Defense Groups", New York, August 2008
- Speaker, "Temperature Adjusted Fuels", Washington, D.C., April 2008
- Speaker, "The Unintended Consequences of Electronic Discovery: Costs, Conflicts and Sanctions and What You Can Do to Reduce Them," New York, March 2008
- Speaker, "The Expanding Controversy Over 'Hot Fuel': Lessons from the MDL," Phoenix, October 2007
- Speaker, "Beyond the New E-Discovery Rules: Protecting the Company's Proprietary and Other Vital Interests," New York, October 2007
- Speaker, "Minimizing Distraction: Managing Electronic Discovery Under the New Federal Rules," New York, December 2006
- Speaker, "Electronic Discovery: What You (and Not Just Your Lawyer) Need to Know About the New Federal Rules," New York, October 2006
- New Jersey State Bar Association
- New York State Bar Association
- American Bar Association
Move Your Discovery Onto a Smarter PathNew York Law Journal
March 16, 2015