Barry V. Freeman

Email address

bvf@bfreeman.law

Phone number

(310) 508-2829

Address

16350 Ventura Blvd. Suite D, Encino, CA, 91436

Barry V. Freeman brings over 50 years of extensive experience in commercial and banking transactions to dispute resolution, offering both legal and practical perspectives, including litigation. He possesses a deep understanding of applicable laws, the pragmatic demands of transactions, and the emotional dynamics that drive disputes and influence their resolution.

With significant expertise in both the “front-end” structuring and the workout/restructuring of credits and corporate reorganizations, Mr. Freeman is highly knowledgeable regarding the California Commercial Code and in depth familiarity with the Bankruptcy Code. His extensive experience as a commercial arbitrator—both as a panel member and an individual arbitrator—as well as a mediator, consistently benefits all parties and enhances the arbitration process.

Additionally, his proficiency in loan structuring, documentation, and restructuring provides invaluable insight into the intricacies of commercial transactions. Mr. Freeman has served as a chair and panel member for national continuing education programs, educating lawyers and bankers on commercial lending transactions and their enforcement.

His distinguished private practice career in international, national and regional firms has equipped him with a thorough understanding of client expectations and the realities and costs of litigation. This experience supports his recognition of the cost and emotional implications of dispute resolution and the importance of an effective, efficient, and professional approach to arbitration and mediation—ensuring a process that is both productive and beneficial for all parties involved.

  • University of California at Los Angeles (JD, Member of the Board of Editors of the UCLA Law Review-1962; BA-1959)
  • Pepperdine Straus Institute Dispute Resolution Course
  • Attended several AAA seminars and monthly meetings of arbitrator study group.

Admitted to the Bar: California (1963), Montana (1997); pro hac in New York and several other states as needed; U.S. District Court: District of California and District of Montana; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme Court.

State Bar of California (Business Law Section, Executive Committee; Member; Agribusiness Subcommittee (Charter Member and Past Chair); Debtor-Creditor Relations Subcommittee, Vice Chair; Uniform Commercial Code Committee.

American Bar Association (Agribusiness Subcommittee, Past Chair; Business Bankruptcy Subcommittee; Letters of Credit Subcommittee; Lender Liability Subcommittee; Loan Documentation Subcommittee, Past Chair; Secured Lending Subcommittee; Suretyship Task Force Subcommittee, Co-Chair; Uniform Commercial Code Subcommittee; UCC and Commercial Financial Services; Business Bankruptcy, Letters of Credit issuance/enforcement.

Charities: Board Member – Los Angeles Chapter American Jewish Committee; Ambassador Joint Distribution Committee/ Jewish Federation; Wounded Warriors-Montana flyfishing program (2011-2012). Former Board Member, Make a Wish Foundation (Los Angeles). City of Hope.

Major, California State Guard; Graduate of FBI Citizens Academy (October 2015 Class).

Writing Experience – Books or Articles:

“A Settling Party’s Cross-Claim Shield in Bankruptcy Cases” Law360, New York (April 7 2014); “Some Thoughts on the Psychology of a Workout”, Los Angeles Daily Journal 2010; “Article 9-Foreclosure Sales/A Possible Safe Harbor” State Bar of California Business Law News, 2012; Commercial Law Newsletter; ABA Business Law Section, 2012. “Respond Early to a Real or Expected Default,” Commercial Lending Review, Winter 1989-90; “State Assignment of Claims Act Survey,” The Secured Lender, July/August, 1996; “On Advice of Counsel,” The National Register of Commercial Real Estate, Winter 1993, Legal Perspectives, Workouts; “Unrealistic Commitment Letter Leads to Fraudulent Conveyance Action,” Commercial Lending Review, Summer 1997; “Keeping the Debtor Afloat,” Interim Operation of a Business in a Chapter 11 Case. Advanced Chapter 11 Bankruptcy Practice, 2nd Edition, 1996; “Landlord’s Waiver: A Must Document,” The Secured Lender, May/June 2000.

  • Specializes in complex commercial transaction and banking and commercial finance transactions, workouts/corporate bankruptcy/restructure, litigation consulting, Uniform Commercial Code expertise including application to secured/unsecured/real estate lending, entertainment lending and workouts. Has extensive experience with personal property secured transactions (UCC Article 9 Secured Transactions), letters of credit (stand-by and direct pay), guarantees (defense/enforcement), real estate finance, loan restructure/strategy and corporate reorganization. Represents lenders, borrowers and guarantors. Experience in use of Letters of Credit in international transactions.
  • Member of the firm’s National Bankruptcy Reorganization Practice Group.
  • Substantial experience in agribusiness including dairies, animals, crop financing, packing, distribution and real estate.
  • Litigation counseling involving enforcement/defense and lender liability issues in loan transactions and banking issues.
  • Advises banks in participations and syndicated credits in their capacity as agent, participant and/or lead.
  • Represents borrowers in the foregoing activities.
  • Represents manufacturing clients in a variety of Substantial expertise in the automotive, tire, auction agribusiness industries and consumer issues.
  • Substantial experience and specializes in representing auctioneers and other liquidators.
  • Substantial experience with representing all parties in Assignments for the Benefit of Creditors.
  • Substantial experience law office management and client fee disputes.
  • Background in truth in lending and consumer sales transactions.
  • Experienced in Use of Force Issues; Excessive Force and 48 USC 1983 issues.
  • Experienced in Telephone Consumer Protection Act issues.
  • Handled numerous consumer issues regarding banks, vehicle purchases (Lemon Law), bank/depositor disputes, charge account and money handling issues.
  • Experienced in For Profit College issue.
  • National lecturer to bankers and lawyers in commercial in all aspects oflending transactions, lender liability, secured and unsecured and international credit transactions.

Since 2001, an active arbitrator of commercial disputes for the American Arbitration Association and has acted as single neutral and panel member on complex commercial transaction, major securities fraud issues, real estate, banking, transactional and general contract disputes. Serves on the AAA’s Large Complex Case Panel. Appointed to Mediation Panel of the United States District Court, Central District of California. Acts as panel Arbitrator for the International Centre for Dispute Resolution.

Has acted in numerous consumer cases ranging from disputes regarding charge accounts, bank/depositor issues, vehicle (new/used/Lemon Law) telephone solicitation and random calling issues and motor vehicle purchase agreement disputes.

  • Senior Partner, Jeffer Mangels Butler & Mitchell LLP (JMBM), 2002 – 12/31/2022, Of Counsel 1/2023-12/31 2023
  • Senior Partner/Business and Finance Section Manager (Los Angeles office), Morgan Lewis & Bockius LLP, 1991 – 2002
  • Senior Partner/Managing Partner Member (1990- 1991), Gendel Raskoff Shapiro & Quittner, 1981 -1991
  • Senior and Managing Partner, Cohen & Freeman, 1964- 1981.

Professional Seminar and Workshop Experience:

An active local and national lecturer. Instructor for the ABA Business Law Section’s Loan Documentation Committee and Business Bankruptcy Sections. California State Bar’s Continuing Education of the Bar Programs on “Bankruptcy Reorganization, Debtor-Creditor Rights and Secured Transactions,” panel chair/speaker for The Practicing Law Institute and The Banking Law Institute on national panels on these subjects; current lecturer for The Turnaround Management Association (“TMA”). SAMA (Special Assets Management Association) Conference (2010 – 2016). Turnaround Management Association (2013); State Bar of California Financial Services Committee (2012); Assignment for the Benefit of Creditors. Asset Based Lending – 2003 (BLI); BLI Commercial Loan Documentation, 1990- 2001, National Presentations (BLI); Commercial Loan Workouts, 1990-2004, National Presentations (BLI/PLI); Carlsbad, CA, 2001, Foster City, CA (Industrial Auctioneers Association Annual Convention); Loan Workouts (California State Bar); Loan Restructures and Article 9 (California State Bar- Continuing Education Program); Ninth Circuit Update – Recent Bankruptcy Decisions (California State Bar); Loan Documentation, Loan Restructure Agreements (American Bar Association).