Barry Rothman has over 35 years of experience as a civil litigator. He is regularly retained by insurers, self-insureds and risk management groups to defend claims of personal injury and property loss in these areas. Barry has tried to verdict numerous cases in the state and federal courts, and has been the attorney of record on a number of reported cases reaching the appellate courts.
Barry represents long and short haul carriers, and warehouse/distribution facility owners/managers, in personal injury, wrongful death and cargo-related matters. In the construction industry, he has represented owners, contractors and engineering concerns in accident and construction defect cases involving new construction, steel erection, roadway design and construction, commercial restoration and railroad projects.
Barry has litigated extensively in the area of premises liability and security on behalf of shopping center and mall owners/managers, retailers, hotel chains, residential and commercial property owners, and security contractors. He is an active member of the International Council of Shopping Centers (ICSC), having served on ICSC’s Security Task Force, which advises the trade organization on policy matters relating to premises security, and on the program planning committee for ICSC’s annual Security Conference. Barry currently serves on the Board of Directors of the New York/New Jersey Council of Shopping Centers. He has spoken and published articles on the topic of shopping center security, public access, loss prevention and other legal and operational issues in Shopping Center World, the ICSC Guide to Operating Shopping Centers the Smart Way, and in the ICSC Shopping Center Legal Update.
In the food industry, Barry has represented manufacturers, distributors and retailers in the defense of contamination, foreign object and food packaging claims. He has participated in food safety and foodborne illness conferences presented by the Grocery Manufacturers Association, the leading trade group for the food, beverage and consumer product industries.
Barry has also represented clients in a variety of commercial and employment matters, including contract and brokerage disputes, ADA, ADEA, harassment and wrongful termination claims, wage/hour disputes and employee/independent contractor classification matters, in the state and federal courts, state Departments of Labor, and in administrative proceedings before the EEOC and state Human Rights Divisions.
Barry is active in his Essex County, NJ community, and has served as Counsel to Temple B’nai Abraham in Livingston, NJ.
- Brooklyn Law School, J.D.
- Brooklyn College, City University of New York, B.A.
- New York Supreme Court
- New Jersey Superior Court
- U.S. District Court, Southern, Eastern and Northern Districts of New York
- U.S. District Court, District of New Jersey
The Independent Contractor Driver - An Endangered Species?
The Independent Contractor Driver – An Endangered Species? Trucking Industry Defense Association (TIDA) Newsletter, Spring 2012.
Solid Security Program Best Defense Against Liability
Solid Security Program Best Defense Against LiabilityShopping Center World, May 1993.
Shopping Center Security: The Challenge to Avoid Civil Liability
Shopping Center Security: The Challenge to Avoid Civil LiabilityICSC Guide to Operating Shopping Centers the Smart Way, 1993.
New Jersey Ruling on Free Speech Burdens Shopping Malls
New Jersey Ruling on Free Speech Burdens Shopping MallsNew York Times Letter to the Editor, December 29, 1994.
The Retailer's Perspective on Claims of False Arrest: The 'Reasonable Grounds' Defense
The Retailer’s Perspective on Claims of False Arrest: The ‘Reasonable Grounds’ Defense“, ICSC Shopping Center Legal Update, Vol. 15, Issue 2, fall 1995.
Shopping Center Redevelopment and Renovation - Security Issues
ICSC 2000, (editorial assistance).
Low-Fault Deep Pocket' Property Owners in Premises Security Cases May Get Some Relief from a N.Y. Decision
‘Low-Fault Deep Pocket’ Property Owners in Premises Security Cases May Get Some Relief from a N.Y. Decision“, ICSC Shopping Center Legal Update, Vol. 22, Issue 3, winter 2002-03.
Guide to Writing a Shopping Center Security Manual
ICSC 2003 , (editorial assistance).
Shopping Center Security
by Donald H. Greene, ICSC 2005 , (editorial assistance).
- Burkhardt v. Cucuzza, 81 A.D.2d 821 (civil practice; service of process).
- Rueda v. Daval, 85 A.D.2d 660 (summary judgment).
- Ganin v. Janow, 86 A.D.2d 857 (civil practice; interrogatories).
- Silver v. Brodsky, 112 A.D.2d 213 (summary judgment affirmed, premises liability).
- Pellegrino v. Walker, 127 A.D.2d 574 (premises liability; indemnity agreement in lease for commercial property).
- Szeztaye v. LaVacca, 179 A.D.2d 555 (defense verdict affirmed).
- Miller v. Taco Bell Corp., 204 F. Supp. 2d 456; 2002 U.S. Dist. Lexis 9132, USDC/EDNY, Wexler, USDJ, decided May 15, 2002 (dismissal of employment discrimination ADA action).
- Kennedy, et. al. v. C.F. Galleria at White Plains, L.P., et. al., 769 N.Y.S.2d 526; 2003 N.Y. App. Div. Lexis 13192, NY Appellate Division, First Department, decided December 11, 2003 (change of venue ordered, and denial of summary judgment to municipality affirmed, in shopping mall shooting case).
- Houlihan v Morrison Knudsen Corporation, 768 N.Y.S.2d 495; 2003 N.Y. App. Div. Lexis 13028, NY Appellate Division, Second Department, decided December 8, 2003 (summary judgment affirmed on basis of built-to-specifications defense).
- Coolbaugh v. Int’l Bus. Mach. Corp., 116 A.D.3d 907, 983 N.Y.S.2d 808; NY Appellate Division, Second Department, decided April 23, 2014 (denial of summary judgment to warehouse manager reversed on appeal, and dismissal ordered, based on lack of duty owed to plaintiff truck driver).
PRESENTATIONS & LECTURES
- “Controlling the Beast: Property Management in the Age of Terror, Active Shooters, Right-to-Carry Debates and Other Security Threats”, Seminar presentation given at ICSC Shopping Center Law Conference, Hollywood, FL, 10/28/16.
- “Emergency Rapid Response to Trucking Accidents”, Panel presentation at Eagle International Associates Client Seminar, Richmond, VA, 12/2/15.
- “Insurance, Indemnity, Waiver of Subrogation and Other Risk Shifting and Sharing – A ‘Top-10’ List of the Best and Worst Contract Clauses”, Workshop presentation at ICSC U.S. Shopping Center Law Conference, Phoenix, AZ, 10/28/11.
- “Shopping Center Security on Trial: Caulfield v. Metro Mall and CITR Security”, Mock trial presentation given at ICSC Shopping Center Security Conference, Baltimore, MD, 3/26/07.
- “Risk Management and Insurance: Winning the Game of Risk”, Presentation given at ICSC Shopping Center Security Conference, Scottsdale, AZ, 4/18/05.
- “Law for Non-Lawyers”, ICSC Seminar, Guest Lecturer, Chicago, IL, 9/30/03.
- “Negligence in Commercial Establishments – Security Cases”, Presentation given to NYS Bar Association CLE program, New York City, 5/3/02.
- “Use of Law Enforcement to Augment Security”, Presentation given at ICSC 10th Annual Security Conference, Orlando, FL, 7/3/01.
- “Shopping Center Security on Trial: Jane Doe v. The Nevada Plaza”, Mock trial presentation given at ICSC 9th Annual Security Conference, Las Vegas, NV, 6/20/00.
- “Litigation Issues”, Presentation given at ICSC 8th Annual Security Conference, Las Vegas, NV, 6/30/99.
- “Risky Business: A Security Workshop”, Presentation given at American Law Firm Association Retail Practice Group Seminar, Dallas, TX, 1/29/98.
- “Security and Liability Issues for the Shopping Center Industry”, Panel Chair and Speaker at ICSC Law Conference, Palm Desert, CA, 10/25/97.
- “Security and Liability Issues for the Shopping Center Industry”, Panel Speaker at ICSC Law Conference, Orlando, FL, 10/25/96.
- “Litigation Issues”, Panel Speaker at ICSC 5th Annual Security Conference, San Diego, CA, 6/4/96.
- “Winning Themes in Premises Security Litigation – Premises Security Experts”, Presentation given at American Law Firm Association Retail Practice Group Seminar, Dallas, TX, 1/25/96.
- “After the Crime: Anticipating a Liability Claim, Building a Solid Defense in a Lawsuit and Evaluating the Risks”, Panel Co-chair and Speaker at ICSC 4th Annual Security Conference, Washington, DC, 11/6/95.
- “Reducing Your Risk: The Legal ABC’s of a Liability Claim”, Presentation given at ICSC Long Island Luncheon, 7/20/95.
- “How Good is Your Shopping Center Security?”, Presentation given at ICSC New York Area Luncheon, 10/31/91.