Mr. Bendes concentrates his practice on domestic and international corporate and commercial transactions, financings, SEC-related matters and Internet and computer-related law matters. He is experienced in negotiating mergers and acquisitions, public and private debt and equity financings, joint ventures, all aspects of sales, secured and asset-based lending transactions, franchising representing franchisors and franchisees, licensing, and computer, Internet-related and high technology transactions. Additionally, he advises private and public companies and their owners, officers and both inside and outside directors; and venture capital and angel investors in commercial, business, securities and personal matters.
In 2012, Mr. Bendes was listed as one of "New Jersey's Top Rated Lawyers" by Inside Jersey Magazine in Business & Commercial Law.
Notable Experience
Mr. Bendes served as the Secretary and General Counsel of Emerson Radio Corp., a NYSE listed company with $800 million sales, and Senior Vice President-Administration of its computer and technology subsidiaries based in NJ and Newport Beach, CA. He represents and has represented public and private domestic and international companies involved in the manufacture and distribution of consumer electronics and other consumer products, fashion products, hardware and computer software, as well as companies involved in telephony, financing, build out and sale of cellular radio sites and networks, and oil and natural gas businesses. He has handled public offerings involving medical electronics companies, computer equipment manufacturers and retailers, telecommunications and telephone interconnect companies, robotics and electronics companies, and consumer products, as well as representing issuers and investors in startups, private placements and pipes for public and private companies involved in such diverse areas as fiber optics, ammonia processing, oil and gas exploration, hotels, restaurants and consumer products. He has represented the indenture trustee and successor trustee in numerous public debt financings and insolvencies.
Mr. Bendes serves as a member the Firm's Opinions Committee and Audit Response Committee. He continues to serve as a bar association delegate to the ABA's Working Group on Legal Opinions (WGLO) (since 2006) and as a member of the Bar Association Advisory Board to the WGLO (since 2006). He has served as the Chair of the Legal Opinions Committee of the Greater New York Chapter of the Association of Corporate Counsel (formerly the American Corporate Counsel Association) and as chair of the Business Law Section of the New Jersey State Bar Association, from 2006-2008, when he resumed the chair of the Third Party Legal Opinions Committee.
Other Distinctions
Memberships
· Association of the Bar of City of New York
- Computer Law Committee 1986-89, Chair, Commercial Liability Subcommittee 1987-89
- Uniform State Laws Committee 1991-94, 1997-2001, Secretary 1993-94
- Taskforce on Uniform Limited Liability Company Act 1994-95
· American Bar Association
- Association Advisory Board member, 2006 to present, ABA Working Group on Legal Opinions ("WGLO")
- Business Law Section (Developments in Business Financing Committee, PEVC Committee, Subcommittee on Transactional Issues and Documents, Ad Hoc Committee on Audit Responses)
- Science and Technology Section (Computer Law Committee 1979-95, Contracting for Computers Subcommittee 1980-82)
· New Jersey State Bar Association
- Section Chair 2006-2008, Secretary 2003-2006, Vice Chair-Legislation 2000-03 and Member, Board of Directors, Business Law Section 1998-Present
- Chair, Business Law Section Committee on Third Party Opinions of Counsel 1998-2006, 2008-present; member, 1989-present
- Member, Internet and Computer Law Committee, 1993-present
- Member, Franchising Committee, 2009-Present
· New Jersey Inn of Transactional Counsel, Hudson/Bergen
- Trustee, 2003-present
- Chair, Programming Committee, 2003-05
· Association of Corporate Counsel (formerly American Corporate Counsel Association)
- Greater New York Chapter, 1989-2003; Director Emeritus 2003-present; Director, 1992-2003; VP and Secretary 1997-2002
- Chair, Committee on Third Party Legal Opinions, Greater NY Chapter 1992-97.
- Moderator, Corporate Counsel Roundtable, 1993-2002
· American Society of Corporate Secretaries and Governance Professionals - Corporate Practices Committee 1989-present
· International Association of Privacy Professionals
Recent Speaking Engagements and Publications
· "Resale Price Maintenance Again in the News," co-author, Edwards Wildman Client Advisory, April 2013.
· "Up the Ladder Reporting," author and speaker, 2013 New Jersey Business Law Symposium, April 2013.
· "Ethical Considerations in Negotiating and Rendering Third Party Legal Opinions," author and speaker, New Jersey Institute For Continuing Legal Education, Ethics for Transactional Attorneys, November 15, 2012.
· "Employers Need to Review and Revise Social Media, Blogging and Privacy Policies after NLRB General Counsel Report," co-author, Edwards Wildman Client Advisory, June 2012.
· "Starting and Succeeding with a New Business," speaker, New Jersey State Bar Foundation, March 7, 2012.
· "Legal Ethics for Transactional Lawyers-Corporate and Business Transactions", author and speaker, New Jersey Institute for Continuing Legal Education, November 15, 2011.
· "Ethics for Transactional Lawyers," author and speaker, New Jersey Institute for Continuing Legal Education, November 16, 2010.
· "The FTC's Red Flags Rule on Identity Theft Protection Will Be Effective December 31, 2010," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2010.
· "The New Paradigm of Duties and Liabilities Facing Trustees, Directors and Officers of New Jersey Not-For-Profit Entities," author, The New Jersey Lawyer Magazine, No. 263, April 2010.
· "Broad New FTC Guidelines for Endorsements and Testimonials Create Risks for Manufacturers, Advertisers, Bloggers and Others," co-author, Edwards Angell Palmer & Dodge Client Advisory, February 2010.
· "Starting and Succeeding with a New Business," speaker, New Jersey State Bar Foundation Annual Public Program, Annual program 1996 though 2010.
· "Recent Developments: The FTC Red Flags Rule and Massachusetts Security Regulation," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2009.
· "New Federal Consumer Protection Law," author, Edwards Angell Palmer & Dodge Client Advisory, October 2008.
· "Nuts and Bolts of International Trade," speaker, New Jersey Inn of Transactional Counsel, October 10, 2007.
· "Starting and Succeeding with a New Business," author, New Jersey Bar Foundation, New Brunswick, New Jersey, 2008.
· "The Role of the Information Management Professional in Mergers and Acquisitions," speaker, Society for Information Management New Jersey Chapter, January 11, 2007.
· "Organization and Sale of a Small Business," speaker, New Jersey ICLE, 2001-2004, 2006, author-speakers outline 2004-2009.
· "Sometimes It's Wrong to Be Right, The Uncertainty Created by the Expansion of the Covenant of Good Faith And Fair Dealing," New Jersey Business Law Section Newsletter, Vol. 29: 1, August 2005.
· "Effective Ethics and Compliance Programs-Helping Clients to Protect Themselves," speaker, New Jersey Business Law Symposium, 2004.
· "Drafting Agreements In International Transactions--Special Concerns, Gap Fillers And Other Matters," speaker, New Jersey ICLE, 2003.
· "Contracts For The International Sales Of Goods--Traps For The Unwary," New Jersey Corporate and Business Law Section Newsletter Vol. 26: 1, January 2003.
· "Letters of Credit in Negotiated Acquisitions," speaker, New Jersey Inn of Transactional Counsel, 2004.
· "International Commercial Transactions," speaker, New Jersey Business Law Symposium, 2003.
· "Letters of Credit in International and Domestic Transactions," speaker, New Jersey Business Law Symposium, 2003.
· "The Good, the Bad and the Ugly, The Ins and Outs of Business Deals Gone Bad," speaker and moderator, New Jersey ICLE, 2003.
· "The Role of Audit Committees under the New SEC Rules," speaker, ACCA, 1999.
· "Accounting Terminology for Business Lawyers," speaker, NJSBA Business Law Symposium, 2002.
· "Accounting For Lawyers--Using Accounting Terminology in Legal Documents," speaker, PLI, 2000. 2001.
· "Representing the Borrower in Secured Lending Transactions," speaker, NJSBA Annual Meeting, 1997.
· "Third Party Legal Opinions in Acquisitions," speaker, NJSBA Business Law Symposium, 2001.
· "Negotiating and Documenting Executive Compensation and Employment Agreements," speaker, New Jersey Business Law Symposium, 2002; NJ ICLE, 2002.
· "United Nations Convention on the International Sale of Goods," speaker, Greater New York Chapter, ACCA 1997, New Jersey ICLE Business Law Symposium, 2002.
· "Corporate Compliance Programs--Antitrust Compliance," speaker, ACCA New York Regional Conference, 1998.
· "Financing Merger and Acquisition Transactions," speaker, Cambridge Institute, 1997.
· "Attorney Sample Opinion and Commentary," co-author, New Jersey State Bar Association Annual Meeting, Report issued May 1995.
· "Uniform Limited Liability Company and Uniform Limited Liability Partnership Law," speaker, Association of the Bar of the City of New York, 1994.
News & Publications
April 2013, Edwards Wildman Client Advisory - Resale Price Maintenance Again in the News
August 2012, Edwards Wildman Client Advisory - New York State to Limit State-Funded Administrative Costs and Executive Compensation
June 2012, Edwards Wildman Client Advisory - Employers Need to Review and Revise Social Media, Blogging and Privacy Policies after NLRB General Counsel Report
October 6, 2011, EAPD Attorneys Selected For Inclusion in Super Lawyers 2011
February 22, 2011, EAPD Launches Retail Industry and Consumer Products Practice Group
New practice group combines resources to offer full range of legal services to retail industry clients
November 2010, Client Advisory - The FTC's Red Flags Rule on Identity Theft Protection Will Be Effective December 31, 2010
October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
2010, Starting and Succeeding With a New Business
New Jersey State Bar Foundation
February 2010, Client Advisory - Broad New FTC Guidelines for Endorsements and Testimonials Create Risks for Manufacturers, Advertisers, Bloggers and Others
November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009
September 28, 2009, Q&A With Edwards Angell's Barry Bendes
International Trade Law360
November 2008, Client Advisory - New Federal Consumer Protection Law
Requires Certifications and Testing, Lowers Limits on Lead and Phthalates in Toys and Children's Products, Increases Fines, Penalties and Enforcement Powers of CPSC
September 8, 2008, Edwards Angell Palmer & Dodge Partners Martin Aron and Barry Bendes to Chair Committees of the New Jersey State Bar Association's Business Law Section
March 18, 2008, Edwards Angell Palmer & Dodge Partner Barry J. Bendes Authors Entrepreneurial Pamphlet for New Jersey State Bar Foundation
July 19, 2006, Edwards Angell Palmer & Dodge Attorneys Honored as New York Super Lawyers
July 19, 2006, Edwards Angell Palmer & Dodge Partners Elected to Chairs of New Jersey State Bar Association Section
Events
March 7, 2012, New Brunswick, NJ, New Jersey State Bar Foundation's Starting and Succeeding with a New Business Seminar
April 8, 2011, Iselin, NJ, 2011 Business Law Symposium
March 3, 2010, New Brunswick, NJ, Starting and Succeeding with a New Business
March 5, 2009, New Brunswick, NJ, Starting and Succeeding with a New Business
October 10, 2007 - October 10, 2007, Hackensack, NJ, Do's and Don'ts in International Trade
March 13, 2007, New Brunswick, NJ, Starting and Succeeding With a New Business
Industries
· Technology
· Telecommunications
· Retail Industry & Consumer Products
· Cloud Computing & Managed IT Services
(Also at New York, New York Office)