BARRY J. FRIEDBERG, Partner
Barry has been a litigator for more than 23 years, with experience in a diverse range of commercial matters. Barry has represented a number of family business interests, closely held companies and partnerships, insurance companies, banks, private equity firms, real estate developers and operators, corporate officers and directors, national and local retailers, securities issuers and investors, apparel manufacturers, chemical firms, commodities traders, professional service firms, nutritional supplement manufacturers and distributors, foreign exchange traders, a national soccer league, art dealers, spirits manufacturers and distributors, publishers, landlords and tenants, Delaware and New York not for profits and numerous other persons, firms and entrepreneurs.
Practice Areas
- Complex Commercial Litigation and Arbitration
- Closely or Family Held Company and Partnership Disputes
- Directors and Officers Insurance and Indemnification Claims
- Corporate and LLC Shareholder, Member and Governance Disputes
- Commercial Bank Litigation
- Insurance and Insurance Coverage Disputes
- Legal and Accounting Malpractice Actions
- Forfeiture Proceedings
- Antitrust Litigation
- Securities Litigation
- Employment Litigation
Selected Significant Matters
- Family Partnership Dispute. Defended family members against claims of fraud arising out of a family partnership dispute. Won an arbitration award after a four day evidentiary hearing summarily rejecting all claims against the clients and vindicating the clients' conduct in all respects.
- Bank Litigation. Represented a Florida commercial bank in a dispute with an Argentine correspondent bank over a series of letter of credit transactions and against the Central Bank of Argentina in related Argentine receivership proceedings. Our rapid and successful attachment proceeding led to a favorable negotiated result.
- Business Liquidation Litigation. Defended a private equity fund against various claims asserted in the wake of the disposition of the assets of a portfolio cutlery business. The case settled favorably after motions to dismiss were filed.
- Asset Purchase Litigation. Defended a French acquirer of a Tennessee-based chemical manufacturing company in connection with various efforts to hold the acquirer liable for certain obligations of the selling entity. Claims against the client were dismissed on motion.
- Director/Officer Claims. Represent a former senior officer and director of a Fortune 500 company in connection with claims in excess of $1 million for breach of an employment contract and severance arising out of his service to the company.
- Private Equity Dispute. Represented a private equity firm in connection with the protection of its $3.5 million investment in a start up pharmaceutical venture.
- Insurance Coverage and Monitoring. Represent a major D&O and FIPI insurer in connection with monitoring of a massive $1 billion antitrust investigation and class action litigation against numerous insureds.
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- Real Estate and Partnership Dispute. Currently represent a contractor and real estate investor in a multi-million dispute over the management and control of a substantial real estate project in Manhattan.
- Maritime Attachment Litigation. Represented a Swiss commercial bank in its efforts to ward off a maritime attachment of the bank's proprietary funds. Client's funds were freed after papers were filed but before the court had a chance to rule.
- Asset Transfer Litigation. Represented a major chemical products conglomerate in connection with a contract dispute over various environmental liabilities and indemnities after a series of asset transfers. Case settled after extensive negotiations established a workable process for resolving potential exposures.
- Spirits Industry Contract Dispute. Represent a French spirits company in a multi-million contract dispute with a U.S. distributor.
- Real Estate and Vendor Disputes. Represent a major international office supplies retailer in connection with various litigations, including numerous real estate and vendor disputes
- Partnership Accounting Dispute. Lead trial counsel defending a premier New York City firm of architects in a dispute with certain departing partners' over their capital account payouts resulting in an arbitration award vindicating and sustaining the client's accounting treatments.
- Bank Action Against Borrowers. Represented a consortium of commercial banks in series of actions against a borrower, the borrower's officers and directors and the borrower's auditors. Obtained tremendous settlement with both the D&O and E&O carriers before an answer was served.
- Securities Fraud Litigation. Defended the former President/CEO of an international steel company insured by a corporate D&O policy, against a series of claims of securities fraud filed in nine different actions in 5 different jurisdictions seeking in excess of $400 million. Case settled after several years with no personal exposure, with substantial policy resources saved for the carrier and with the client favorably settling a personal claim against co-defendants.
- RICO and Shareholder Litigation. Second seat trial counsel for largest privately-owned U.S. commercial laundry and linen company against a 12 year campaign of shareholder derivative claims and civil RICO suits brought by a disgruntled minority shareholder against the controlling shareholder group. All RICO claims were dismissed on motion and all remaining claims were summarily dismissed by the trial judge after the close of plaintiff's case.
- Currency/Receiver Litigation. Represented currency trader in a dispute with the receiver of a defunct currency trading firm involving millions of dollars of currency. Case settled for a nominal amount.
- Spirits Industry Contract Dispute. Represented a privately held U.S. based distributor of spirits in a contractual dispute with a French champagne manufacturer over depletion allowances and contract termination fees.
- Insurance Coverage Litigation. Represented a major D&O insurer in various multi-million commercial coverage actions and arbitrations. Sustained the client's coverage position respecting several nine figure D&O policies.
- Apparel Industry Litigation. Represented a national retailing chain in a dispute with a vendor over the quality of goods supplied under certain representations. Case settled favorably before discovery.
- Commercial Contract Dispute. Represented an Hispanic soccer league in connection with a $1 million contract dispute with a vendor.
- Closely Held Shareholder Litigation. Represented a 50% shareholder interest in a closely held comic book company in connection with certain disputes among the shareholders and then a reorganization of the company to resolve those disputes.
- Letter of Intent Litigation. Defended a private equity fund against an effort to enforce a preliminary letter of intent in connection with a failed corporate acquisition of a commercial printing business.
- Commercial Contract Litigation. Represented a Taiwanese manufacturer of digital storage disks in a contract dispute with a New Jersey customer and related U.S. government forfeiture proceedings.
- Coop Transaction Litigation. Represented a potential buyer of a New York City cooperative apartment in a dispute over the return of a down payment after the coop board rejected the buyers.
- Apparel Industry Litigation. Represented an Italian silk mill in a contract dispute with a U.S. bridal gown designer and manufacturer. Case settled after motion for summary judgment forced defendant to pay.
- Commercial Lease Dispute. Represented a New York City watch retailer in lease dispute with major New York landlord. Successfully caused the landlord to favorably re-negotiate the lease.
- Real Estate Partnership Dispute. Represented a real estate syndicator in dispute with minority investor. Complete victory on a motion to dismiss.
- Commercial Contract Dispute. Represented a major New York City subsidized housing project in connection with contract dispute with contractor. Case settled favorably before extensive litigation.
- Not-for-Profit Litigation. Represented a series of non-profit Foundations in a series of disputes with the descendants of the initial donors over funding and purpose.
- Art Dealer Disputes. Represented an art dealer in connection with various claims arising from the third party sale of stolen artwork.
- Commercial Distribution Agreement Litigation. Represented a major New York City commercial bakery and restaurant in a contract dispute with a distributor. Enjoined breach of exclusive distribution agreement.
- Commercial Lease Litigation. Represented a major New York landlord in a lease dispute with a tenant over certain local law pass-through charges. Case settled favorably in mid-discovery.
- Commercial Contract Dispute. Represented a Thai marine services company in a dispute with a domestic dredger manufacturer over operations in the Bay of Bangkok.
- Commercial Distribution Agreement Dispute. Represented a vitamin and food supplement distributor in connection with a dispute over an exclusive distribution contract against a major vitamin manufacturer.
- Purchase Price Adjustment Dispute. Represented a private equity fund in a purchase price adjustment dispute in arbitration in connection with the sale of an advertising firm.
- Fraud Litigation. Defended officers of an industrial precision parts firm against claims by the company's purchaser that the clients had failed to adequately disclose the company's potential exposure in the government's pending fraudulent contract pricing case.
- Employment Contract Dispute. Represented an Italian citizen hired to manage the U.S. operations of an Italian sportswear company in connection with a contract dispute with his Italian employer.
- Insurance Industry Dispute. Represented a South Carolina based property and casualty insurer in a dispute with a general agent.
- Hedge Fund Investors Claims. Represented investors in a hedge fund in an action against the managing partner of the fund.
