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Christopher A. Barbarisi

Partner
+1.973.848.4010
Fax +1.973.848.4001

Mr. Barbarisi is a partner in the New Jersey office who concentrates his practice on complex commercial and securities litigation, finance, intellectual property, and insurance counseling principally involving public and private companies, ad hoc bondholder committees, financial institutions, and construction/development firms.

In the financial field, Mr. Barbarisi represents corporations, investment companies, mutual funds, investment advisers, and individuals in complex litigation involving claims under the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and in investigations by the Securities and Exchange Commission.  In addition, Mr. Barbarisi also routinely advises ad hoc bondholder committees in both restructuring and complex litigation engagements.

In the development sector, Mr. Barbarisi represents parties in commercial, industrial, and retail projects in all phases of development/construction, including pre-construction contract drafting/negotiations, insurance coverage issues, and post-construction litigation.

Mr. Barbarisi also routinely represents numerous public and private companies in a wide range of commercial litigation matters.  Mr. Barbarisi has represented clients in numerous federal and state litigations concerning trademark and service mark infringement, government contracting/public bidding, and insurance coverage.  In addition, Mr. Barbarisi provides routine counseling to clients on e-discovery issues and assistance in responding to government inquiries, subpoenas, and discovery demands.

Outside litigation, Mr. Barbarisi also advises clients on transactional engagements in various commercial disciplines and industries, including e-discovery, commercial and government contracting, and financial restructuring.

Professional Background

Prior to entering private practice, Mr. Barbarisi served as law clerk to the Honorable Harry A. Margolis, presiding judge, Superior Court of New Jersey, Chancery Division-General Equity Part.

Achievements

  • Mr. Barbarisi maintains an “AV Preeminent®” peer review rating by Martindale-Hubbell®, the highest possible peer review rating given by Martindale-Hubbell® for legal ability and ethical standards.
  • Mr. Barbarisi has been selected by his peers for inclusion in the 2010, 2011, and 2012 New Jersey Super Lawyers publication as a “Rising Star,” a listing of top lawyers 40 years old or younger.
  • In 2010, Mr. Barbarisi was selected for inclusion in the New Jersey Law Journal's “40 Under 40,” a select list of attorneys recognized for their leadership roles and practice area expertise.

Speaking Engagements

  • “Subcontractor Default Insurance: Best Practices for Claim Preparation and Coverage Strategy to Streamline the Claim Process,” K&L Gates Webinar, September 19, 2017
  • “Handling Subcontractor Default Claims,” K&L Gates and Marsh Conference: Legal and Insurance Lessons Learned from Major Catastrophic Events and Construction Claims, September 10, 2013.
  • “What to Do When Disaster Strikes,” K&LNG Roundtable, February 9, 2005.
Securities/Transactional Litigation
  • Obtained dismissal of lawsuit on behalf of an investment company and its adviser involving claims brought under Section 36(b) and other provisions of the Investment Company Act of 1940, as well as claims under relevant state counterparts.
  • Obtained dismissal of a class action litigation alleging fraud and improper disclosures, including claims brought under Section 11 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.
  • Defended officers and directors of multinational corporation in lawsuit brought by a pension trust fund involving claims of corporate waste and breaches of fiduciary duties.
  • Obtained dismissal of class action lawsuit on behalf of an investment bank involving claims brought under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, involving suitability of pre-IPO disclosures.
  • Represented sub-adviser in efforts to keep confidential financial information sealed and bar plaintiff from using said information in related lawsuit alleging violations of Section 36(b) of the Investment Company Act.
Securities Restructuring/Asset Recovery/Bondholder Committees
  • Successfully represented ad hoc bondholder committee against bond issuer in litigation to avoid obligations and subsequent pledge of assets as security for subsequent note issue.  Obtained preliminary injunctive relief on behalf of the ad hoc committee, which lead to a favorable settlement.
  • Counseled mutual fund in negotiating and drafting forbearance agreement and restructuring of approximately $200M in notes issued in connection with the development of a California Casino.  Restructuring involved an exchange offer and consent solicitation under Sect. 3(a)(9) of the Securities Act of 1933 and the Trust Indenture Act of 1939.
  • Counseled bondholder with respect to challenges raised in connection with its execution of warrants received pursuant to a debtor’s joint plan of reorganization.
  • Successfully advised ad hoc bondholder committee in blocking unfavorable consent solicitation.  Efforts resulted in more favorable terms to committee.
  • Successful representation of an ad hoc bondholder committee in asserting fraudulent conveyance claims against a debt issuer for an “upstream” guarantee on coal mine assets pledged as security for a subsequent debt issuance.  After intense litigation, including obtaining emergent interim relief to prevent the distribution of the coal mine’s sale proceeds, multiple eight-figure settlements were obtained for the committee.
  • Provided counseling and assistance to bondholders in efforts to obtain appointment to official creditor’s committees.
Construction/Engineering/Development
  • Representation of owners/developers in negotiating and drafting various development, engineering, procurement, and construction agreements for large retail, commercial, and industrial projects.  These projects include: building material manufacturing facility, fertilizer manufacturing facility, medical/hospital facilities, office space, and retail build-out agreements.
  • Representation of the real estate development arm of a private equity firm in successfully resolving multiple complex litigations involving a billion-dollar mixed-use New York City construction project.  The matter entailed the representation of several related entities in a multiyear litigation.
  • Representation of a prime contractor in multiple claims arising from the decommissioning of auto assembly plants in New Jersey, Michigan, and Missouri.
  • Representation of a developer of a New York City shopping mall, consisting of over one-million square feet of retail space, in complex litigation against multiple defaulted subcontractors.  In addition, the representation also included litigating and obtaining eight-figure settlements on claims against a subcontractor default insurance policy and a builders’ risk policy.
  • Represented at-risk construction manager in pursuing eight-figure claim against subcontractor default insurance policy on high-rise residential project in New York City.
  • Represented developer of bio-solids fertilizer plant in Florida.  Engagement involved negotiating and drafting all construction/development agreements (EPC delivery format), as well as financing, which involved the issuance of approximately $65M in industrial development revenue bonds. 
Commercial Disputes
  • Representation of a professional wrestling entity in asserting various trademark claims under the Lanham Act against entities manufacturing and distributing counterfeit goods.  After extensive litigation, permanent injunctive relief was obtained against the defendants.
  • Representation of a multinational flatware/cookware company in licensing disputes.
  • Representation of technology and health care entities in government contracting and bidding disputes throughout New York and New Jersey.
  • Represented New Jersey casino in litigation against Casino Reinvestment Development Authority in efforts to block use of public funds for development that would unfairly benefit competing casino.