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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

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Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Holds

By Barry Barnett on October 27, 2014

Shutterstock_174040418Good faith and fair dealing

New York law "implies" a duty in all contracts — a duty to perform promises in good faith.* 

Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted the benchmark?

Yes, the Second Circuit held in Security Plans, Inc. v. CUNA …

Posted in Antitrust, Class Actions, Commercial, Corporate, and Contracts, Energy

Barry Barnett, Susman Godfrey L.L.P.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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