Bio

Barry Herzog advises clients on a comprehensive range of issues in connection with federal income taxation, in particular on the tax implications of mergers, acquisitions and divestitures; partnerships and joint ventures; bankruptcy and corporate restructuring; financings, including debt and equity offerings and derivatives; real estate transactions; and executive compensation. In the M&A arena, Barry advises corporations, partnerships and limited liability companies in strategizing, structuring and negotiating acquisitions, mergers, joint ventures, divestitures and spin-offs to maximize tax efficiency and optimize the utilization of tax attributes. He advises private equity and hedge funds in the buying and selling of portfolio companies, fund formation, the tax implications of complex investment strategies and structures, including evaluating the taxation of hedge fund and private equity fund domestic and offshore investors as well as fund principals, and optimizing the tax posture of portfolio companies. Barry also regularly serves as lead tax counsel in large and often high-profile Chapter 11 bankruptcies and out-of-court restructurings, analyzing and advising on significant and complex tax issues, and developing and implementing plans that preserve and maximize favorable tax attributes and avoid negative tax consequences to both debtors and creditors. In real estate transactions, Barry assists clients in structuring purchases, sales, financings and investments in real estate partnerships and joint ventures, including complex like-kind exchanges. Barry is a co-author of a number of authoritative texts for Bloomberg BNA, including “Transfers to Controlled Corporations: In General,” 758 T.M., Bloomberg BNA (2014); “Capital Assets,” 561 T.M., Bloomberg BNA (2012); and “Transfers to Controlled Corporations: Related Problems,” 759 T.M., Bloomberg BNA (2014). Barry has been repeatedly recognized by Chambers USA and Legal 500 US as a leading practitioner in tax. Chambers USA sources describe Barry as having “a perfect mix of deep legal knowledge of tax code issues and their practical application. He’s commercial and makes sure the way clients position themselves will maximize economic gain while minimizing risk.” Other Chambers sources have described him as “an extremely intelligent tax lawyer,” “detail-oriented, “very creative” and “highly regarded for his work on M&A.” He has also garnered praise for his “excellent service,” providing “very constructive guidance” and being “very detailed in his explanations.” Turnarounds & Workouts also named him to its list of “Bankruptcy Tax Specialists in the Nation’s Major Law Firms.”