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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

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Annals of Oil and Gas: “Free of All Costs and Expenses” Clause in Lease Applies If No Costs Exist

By Barry Barnett on July 29, 2014

Big victory for big oil . . . and big gas

Shutterstock_157298618The Fifth Circuit handed a large win today to oil and gas lessees in the Lone Star State.

The dispute that the court addressed concerned computation of royalties, which an oil and gas producer pays to landowners and others in return for the right…

Posted in Energy

Winner Has to Pay Bulk of Its Own E-Discovery Costs, Federal Circuit Says

By Barry Barnett on December 14, 2013

Big DataThe expense of a big document case lies mainly in the looking for, the sifting through, and the analysis of your client's, and the other side's, megabytes and terabytes of ESI — "electronically stored information", in the words of Rule 26 of the Federal Rules of Civil Procedure.

You'd like to shift that burden to…

Posted in Intellectual Property

Construing “Interpret” to Mean “Translate”; Ninth Circuit Upholds Award of Cost to Render Foreign Contract into English

By Barry Barnett on March 8, 2011

The pro baseball player from Japan fell through a deck while taking a tour around the Marianas Resort and Spa on the Pacific island of Saipan.  The pitcher, Kouichi Taniguchi, at first said he felt fine, but two weeks later claimed the collapse hurt him.  Bad.

He sued.  He sought damages for, among other…

Posted in Uncategorized

Barry Barnett, Susman Godfrey L.L.P.

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I take a personable and strategic approach with every client as we navigate the best path for our case.

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Email: bbarnett@susmangodfrey.com
Website: https://www.susmangodfrey.com/attorneys/barry-barnett/

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About This Blog

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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