Barry M. Schwartz

Barry M. Schwartz is a Member in the Firm’s Corporate Practice Group. He represents start-up, closely held and publicly traded companies in corporate matters, including mergers and acquisitions, asset-based lending and debt and equity financing. Barry often works with entrepreneurs from the “ground-up,” helping in the selection and formation of their entity; the drafting of their charter documents; and the creation and protection of their intellectual property. Experienced in-house counsel for both publicly traded and closely held companies frequently rely on Barry’s corporate acumen, advice and drafting skills. He also represents medical groups and physicians in the acquisition and sale of professional practices and in corporate matters. Clients frequently call upon Barry to draft and counsel them with respect to confidentiality, shareholder, operating, employment, consulting, distribution and trademark licensing agreements.

Over the past decade, Barry has represented major players in the retail automobile, beverage manufacturing and nutraceutical manufacturing industries. Barry has significant experience in UCC Article 9 non-judicial foreclosures, having represented both debtors and secured parties with respect to businesses involved in vintage automobiles, cosmetics manufacturing, software development, cheese manufacturing, retail sporting goods and biomass energy production.

Barry has played a prominent role in a multitude of transactions including:

• The closing of multimillion-dollar revolving credit facilities on behalf of borrowers with nationally known lenders, including Bank of America, Wells Fargo, PNC Bank, Valley National Bank, Capital One and TD Bank;
• An Article 9 non-judicial foreclosure on the personal and real property assets of a biomass facility located in California;
• The purchase of assets through an Article 363 bankruptcy sale for a client in the commercial printing and graphics industry;
• The representation of a franchisee of a nationally known and growing frozen yogurt franchise;
• The wind-down and dissolution of a prominent New Jersey medical practice; and
• The merger of a New Jersey-based financial management firm with a Massachusetts-based financial management firm

Barry has been selected by his peers for inclusion in Best Lawyers every year since 2012.*

Currently, Barry is the Chairman of the Financial Transactions Committee of the New Jersey State Bar Association’s Banking Law Section and sits on the board of directors of the New Jersey State Bar Association’s Banking Law Section. He recently lectured for West LegalEd Seminars on the topics of “Buyouts under Shareholder and Operating Agreements” and “Remedies Under Commercial Loan Agreements,” and recently presented to the Bergen and Hudson Counties (New Jersey) Transactional Inns of Court on “How to Accomplish an Article 9 Non-Judicial Foreclosure.”

Barry earned his B.A. from Columbia College of Columbia University and his J.D. from Rutgers University School of Law – Newark.

Professional Affiliations

• New Jersey Bar Association, Banking Law Section, Financial Transactions Committee (Chairman)
• New Jersey State Bar Association Banking Law Section (Board of Directors)

Areas of Practice

• Corporate Law
• Healthcare
• Intellectual Property and Brand Management
• Securities Law
• Emerging Technologies
• Cannabis
• Dental Law
• Veterinary Law

Admissions

• New Jersey, 1988
• New York, 1989

Education

• Rutgers Law School - Newark, J.D., 1988
• Columbia University, B.A., 1985