Barry Bazian is a partner in Goodwin’s Financial Restructuring group. Barry represents public and private companies, investors, secured and unsecured creditors, asset acquirers, landlords and other parties in out-of-court restructurings, chapter 11 bankruptcy and other insolvency proceedings, distressed transactions and insolvency-related litigation.
Barry regularly advises public and private company management and boards regarding contingency planning, distressed situations and transactions, fiduciary duties and risk mitigation strategies. Barry also has extensive experience structuring, negotiating and documenting a wide variety of transactions, including distressed asset acquisitions, royalty monetization transactions, structured financings, and “bankruptcy remote” transactions.
Barry serves on Goodwin’s Opinion Committee. Barry writes frequently on bankruptcy and restructuring topics, and his articles have been published in the American Bankruptcy Institute Journal, the Norton Journal of Bankruptcy Law and Practice, Bloomberg’s Bankruptcy Law Reporter, among other publications.
In addition to his financial restructuring practice, Barry is devoted to pro bono work on behalf of the New England Innocence Project and The Innocence Center, where he reviews cases of convicted individuals seeking exoneration.
Experience
Barry has represented major stakeholders in Chapter 11 bankruptcy cases and proceedings, including the following:
- Omega Therapeutics, representing the DIP lender and stalking horse successful purchaser of substantially all of the assets of Omega Therapeutics, a clinical-stage biotechnology company, under Section 363 of the Bankruptcy Code
- Eiger BioPharmaceuticals, representing purchaser of certain commercial and pipeline assets of Eiger BioPharmaceuticals, a commercial-stage biotechnology company, under Section 363 of the Bankruptcy Code
- Ambri, representing commercial battery technology company as debtor-in-possession in its Chapter 11 case and successful sale of its assets
- ContraFect Corporation, representing a purchaser of substantially all intellectual property assets of ContraFect Corporation, a clinical-stage biotechnology company, under Section 363 of the Bankruptcy Code
- Clarus Therapeutics, representing the specialty pharmaceutical company as debtor-in-possession in its Chapter 11 case and successful sale of its assets
- PhaseBio Pharmaceuticals, representing a purchaser of assets of PhaseBio Pharmaceuticals under Section 363 of the Bankruptcy Code
- Purdue Pharma, representing Teva Pharmaceuticals in Purdue’s Chapter 11 proceedings
- Proteus Digital Health, representing the developer of digital medicine technologies as debtor-in-possession in its Chapter 11 case and successful sale of its assets
- Gibson Brands, representing the iconic guitar manufacturer as debtor-in-possession in its successful restructuring of approximately $500 million of funded debt obligations through a Chapter 11 plan
- Aegerion Pharmaceuticals, representing the parent company and substantial creditor of a rare drug biopharmaceutical company in connection with the Chapter 11 restructuring of over $400 million of liabilities
- Sears Holdings Corporation, representing various vendors and landlords
- Toys R Us, representing various vendors and landlords
- The Rockport Company, representing the stalking horse successful purchaser of substantially all of the assets of The Rockport Company under Section 363 of the Bankruptcy Code
- East Orange General Hospital, representing the not-for-profit hospital as debtor-in-possession in its Chapter 11 case, resulting in its successful sale and the confirmation of a Chapter 11 plan*
- Official Committees of Unsecured Creditors in numerous Chapter 11 cases, including those of Novan, Noranda Aluminum, Gander Mountain, CST Industries, Unilife Corporation, Aquion Energy, Golden County Foods and Ultimate Nutrition*
*Denotes experience prior to joining Goodwin.
Barry has special expertise in royalty-based financings, including sales of traditional royalty and synthetic royalty interests, and product development financings. Barry has represented numerous leading investors and companies in this space, including:
- Royalty Pharma in its synthetic royalty financing of up to $300 million to Zenas BioPharma to support Zenas BioPharma’s obexelimab development program for IgG4-RD and other autoimmune diseases
- Royalty Pharma in its $2 billion funding arrangement with Revolution Medicines, consisting of a synthetic royalty of up to $1.25 billion on daraxonrasib and up to $750 million in senior secured debt, all to support Revolution Medicines’ plans for global development and commercialization of daraxonrasib and its pipeline programs for patients with RAS-addicted cancers
- Royalty Pharma in its up to $1 billion strategic funding collaborations with Cytokinetics to support the commercialization of aficamten, the commercial launch of omecamtiv mecarbil and the further development of aficamten
- Royalty Pharma in its acquisition of a synthetic royalty on net sales of Emalex Biosciences’ ecopipam for $50 million plus up to $44 million in milestones
- Royalty Pharma in its acquisition of additional royalties on Roche’s Evrysdi for $1.0 billion upfront, with options for PTC to sell up to all of its retained royalties on Evrysdi for up to $500 million or for Royalty Pharma to acquire half of such retained royalties for up to $250 million at a later date
- Royalty Pharma in its acquisition of a synthetic royalty on US net sales of Ferring’s Adstiladrin® for up to $500 million comprised of an upfront payment of $300 million and a $200 million milestone payment
- Heidelberg Pharma AG, a clinical stage biotech company developing innovative Antibody Drug Conjugates (ADCs), on its royalty financing agreement with Healthcare Royalty (HCRx) for up to $115 million
- Abingworth, the life sciences franchise of global investment firm Carlyle, in its strategic development funding agreement with Teva for up to $150 million to offset Teva’s ICS/SABA (TEV-‘248) program costs
- Abingworth in its non-dilutive financing of Pathalys to support the late-stage development of upacicalcet, amounting to $150 million in combination with Pathalys’ concurrent Series A financing
- R-Bridge Healthcare Fund, an affiliate of CBC Group, in its $60 million loan to Paratek Pharmaceuticals, backed by royalties on sales of omadacycline in greater China and a revenue interest in U.S. sales of Nuzyra
- R-Bridge Healthcare Fund in its $40 million loan to Trevena, backed by royalties on sales of oliceridine in greater China and a revenue interest in US sales of Olinvyk
- DRI Capital in its acquisition of MacroGenics’ royalties on sales of Tzield for $100 million upfront and milestone payments of up to $100 million in total
- Avadel Pharmaceutics plc in a royalty financing agreement with RTW Investments to provide up to a $75 million of funding to support the potential commercialization of LUMRYZ™
- GLS Capital in its development and litigation funding transaction with a leading generic, specialty pharmaceutical company
- Royalty Pharma in its purchase of certain revenue streams from Biocryst Pharmaceuticals
Professional Experience
Prior to joining Goodwin, Barry was an associate in Lowenstein Sandler’s New York office. Previously, he served as a law clerk to the Honorable Robert E. Grossman of the U.S. Bankruptcy Court for the Eastern District of New York.
Credentials
Education
JD2013
St. John's University School of Law
BA2010
City University of New York - Queens College
Clerkships
U.S. Bankruptcy Court for the Eastern District of New York, Honorable Robert E. Grossman
Admissions
Bars
- New York
- New Jersey
Courts
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the District of New Jersey
Recognition & Awards
Barry has been selected for inclusion in The Legal 500 U.S. 2022. Barry has been recognized in Best Lawyers’ Ones to Watch lists for 2021 and 2022 in the category of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. In 2019, Goodwin was honored by the Turnaround Management Association for its work as counsel for client Gibson Brands, Inc. in its Chapter 11 restructuring, which was named Mid-Size Company Transaction of the Year. Barry was lead associate on the engagement. In 2019, Barry was selected to participate in the National Conference of Bankruptcy Judges (NCBJ) Next Generation Program.
Publications
Barry has authored or co-authored a number of articles and other publications relating to bankruptcy, restructuring and insolvency, including:
- Co-Author, “Why Delaware ABCs Are No Longer As Easy As 1-2-3,” Law 360, October 25, 2023
- Author, “Parsing Picard: Assessing the Extraterritorial Reach of the Bankruptcy Code’s Avoidance and Recovery Provisions,” Norton Journal of Bankruptcy Law and Practice, Vol. 29, No. 2, April 2020
- Co-Author, “Avoiding the Avoidable: The Uncertainty of Selling Avoidance Actions,” Norton Journal of Bankruptcy Law and Practice, Vol. 26, No. 6, December 2017
- Co-Author, “Lender Liability Considerations” (Chapter 19), Reorganizing Failing Businesses, American Bar Association, 3d ed., 2017
- Co-Author, “Another Highly Charged Court Decision That Electricity is a “Good” Entitled to Section 503(b)(9) Administrative Priority Status,” Business Credit, May 2017
- Co-Author, “Creditors' Committee Members Are Protected by the Barton Doctrine,” Bloomberg BNA Bankruptcy Law Reporter, March 16, 2017
- Co-Author, “A New Preference Defense?” Business Credit, January 2017
- Co-Author, “Retail Bankruptcies Are Skyrocketing: Creditors, Protect Your Rights!” CRF News, Credit Research Foundation, 2017
- Co-Author, “What Constitutes Sufficient Notification of a Security Interest to Cut Off Trade Creditors’ Setoff Rights?” CRF News, Credit Research Foundation, 4th Quarter 2016
- Co-Author, “Court Ruling A Reprieve for Bankruptcy Reclamation Rights?” Business Credit, November/December 2016
- Co-Author, “A Little More You Need to Know About the ‘Ordinary Course of Business’ and ‘New Value’ Preference Defenses,” The Credit and Financial Management Review, 3rd Quarter 2016
- Co-Author, “The Benefits of Properly Documenting a Consignment Transaction and the Potential For Recovery By Creditors that Don’t!” CRF News, Credit Research Foundation, 2nd Quarter 2016
- Co-Author, “Court’s Broad Power to Approve Appointment of Estate Professionals,” American Bankruptcy Institute Journal, March 2015
- Co-Author, “Trustees Beware: Reviewing the Circuit Split on Bankruptcy Trustee Personal Liability,” 24 NACTT Quarterly No. 4, July/August/September 2012
