Barry A. Posner

Barry A. Posner is a partner whose practice focuses on commercial transactional and securities law, including domestic and cross border mergers and acquisitions, private equity and venture capital financing as well as commercial lending transactions.

Mr. Posner has particular industry expertise in healthcare, where he spent approximately 15 years in the pharmaceutical and pharmacy services industry as Executive Vice President and General Counsel at BioScrip, Inc., a nationally recognized public company in those industries. In that capacity, he served the boards of directors and “C-suite” executives in both legal and business capacities, including overseeing mergers and acquisitions, business development, risk management, contract administration, human resources, and investor relations. As a result of his business experience, Mr. Posner brings an industry relevant practical and creative business approach to the practice of law, recognizing his clients’ needs for results-oriented advice and solutions.

Mr. Posner is chairman of the corporate and commercial department of the firm and is a senior member of its corporate transactional group. In that role, he also oversees the firm’s healthcare and regulatory groups. In addition to his general M&A and corporate practice, Mr. Posner represents pharmaceutical and device manufacturers as well as a broad base of healthcare ancillary providers, including traditional (or retail), home infusion, specialty and long-term care pharmacies, medical practices, home health and nursing agencies. 

In addition to his healthcare and transactional clients, Mr. Posner represents companies and businesses in numerous industries, including technology and traditional brick and mortar businesses, in general commercial matters. These clients are engaged in a broad range of industries, including technology, defense contracting, media, and manufacturing.

Mr. Posner also represents clients on the laws and regulations relating to the reimbursement of goods and services by federal healthcare programs, including Medicare Parts B and D and state Medicaid regulations as well as fraud, waste, and abuse, including the Anti-kickback statute, Stark Laws and their applicable safe harbors.

Prior to joining Kudman Trachten Aloe Posner LLP, Mr. Posner managed his own practice and before that was Executive Vice President and General Counsel of BioScrip, Inc. In addition, he was a founder of, and served as President and Managing Director of DispensePoint, a software company and FDA regulated drug wholesaler and repackager promoting medication compliance and adherence through physician dispensing.


How to Sell Your Medical Practice, 2021

Corporate Governance and Representing Boards of Directors, 2012


Emory University, B.A., 1985

Boston University Law School, J.D., 1988


New York


Practice areas

Mergers & Acquisitions

Commercial Transactions

Finance and Capital Markets

Commercial Lending

Private Equity